Volume 44 - Issue 36 - September 4, 2025

State of Kansas

Department for Aging and Disability Services

Permanent Administrative Regulations

Article 8.—SENIOR CARE ACT

26-8-1. Definitions. (a) “Activities of daily living and ADL’s” mean those personal, functional activities required by an individual for continued well-being, including eating, dressing, bathing, transferring, walking, retaining mobility, and toileting.

(b) “Assessment” means the completion of a form to determine the initial and ongoing eligibility and need for services.

(c) “Customer” means any older person who meets the eligibility requirements established in K.A.R. 26-8-2 and whose services are being funded at least in part by the senior care act program.

(d) “Family” means one or more adults and children, if any, related by blood or law and residing in the same household. If adults, other than spouses, reside together, each will be considered a separate family. Emancipated minors and children living under the care of individuals not legally responsible for that care shall be considered one-person families.

(e) “Income” means the monthly sum of income received by a family from the following sources:

(1) Gross wages or salary;

(2) income from self-employment;

(3) social security;

(4) dividends;

(5) interest;

(6) income from estate or trusts;

(7) rental income;

(8) royalties;

(9) public assistance or welfare payments;

(10) pensions and annuities;

(11) unemployment compensation;

(12) workers compensation;

(13) alimony;

(14) veterans’ pensions; and

(15) adjusted net farm income.

(f) “Instrumental activities of daily living and IADL’s” mean meal preparation, shopping, medication management and treatment, housekeeping and laundry, money management, transportation, and telephone communication.

(g) “Level of care” means a measurement of an individual’s functional ability level that could temporarily or permanently restrict the individual’s ability to function independently.

(h) “Liquid assets” means the following:

(1) Cash on hand;

(2) funds in checking, savings, money market, and individual retirement accounts;

(3) stocks;

(4) bonds;

(5) savings bonds;

(6) certificates of deposit;

(7) the cash value of life insurance policies; and

(8) mutual funds.

(i) “One-time service” means the single expenditure of monies for an activity that is not intended to be ongoing, less than three months per 365 days, and that has a unit of service of one dollar.

(j) “Secretary” means the secretary of the department for aging and disability services.

(k) “Senior care act” means K.S.A. 75-5926 through K.S.A. 75-5936, and amendments thereto, which establishes a program of in-home support services for eligible persons 60 years of age and older. (Authorized by K.S.A. 75-5928 and K.S.A. 75-5931; implementing K.S.A. 75-5928, K.S.A. 75-5929, K.S.A. 75-5930, K.S.A. 75-5931, and K.S.A. 75-5933; effective, T-26-10-17-89, Oct. 17, 1989; effective, T-26-7-30-91, July 30, 1991; effective Aug. 10, 1992; amended, T-26-7-22-93, July 22, 1993; amended Sept. 7, 1993; amended Nov. 7, 1994; amended July 28, 1995; amended, T-26-6-27-02, July 1, 2002; amended Oct. 25, 2002; amended Sept. 19, 2025.)

26-8-7. Maximum expenditures per customer and customer fees. (a) The maximum monthly expenditure for services per customer shall be $3,000. This amount shall not include expenditures for assessment, case management, and any one-time service.

(b) The maximum expenditure for one-time services shall be $3,000.

(c) Upon request, the secretary or designee may approve or deny any expenditure for services beyond the amounts set in sections (a) and (b).

(d) The customer’s fee shall not include case management or assessment.

(e) Each customer’s fee shall be based on the customer’s income and liquid assets.

(f) If a customer refuses to disclose the customer’s income and liquid assets, then that customer shall pay 100% of the costs of the service. (Authorized by and implementing K.S.A. 75-5929 and K.S.A. 75-5931; effective, T-26-10-17-89, Oct. 17, 1989; effective, T-26-7-30-91, July 30, 1991; effective Aug. 10, 1992; amended, T-26-7-22-93, July 22, 1993; amended Sept. 7, 1993; amended Nov. 7, 1994; amended, T-26-6-27-02, July 1, 2002; amended Oct. 25, 2002; amended Sept. 19, 2025.)

Laura Howard
Secretary
Department for Aging and Disability Services

Doc. No. 053447