K.S.A. » Chapter 39
Kansas Statutes Annotated

K.S.A. § 39-719b (2026)

Duty of recipient to report changes which affect eligibility; actions by secretary; recovery of assistance obtained by or transferred to another person by ineligible recipient

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39-719b. Duty of recipient to report changes which affect eligibility; actions by secretary; recovery of assistance obtained by or transferred to another person by ineligible recipient. (a) If at any time during the continuance of assistance to any person, the recipient thereof becomes possessed of any property or income in excess of the amount ascertained at the time of granting assistance, or if any of the recipient's circumstances which affect eligibility to receive assistance change from the time of determination of eligibility, it shall be the duty of the recipient to notify the secretary immediately of the receipt or possession of such property, income, or of such change in circumstances affecting eligibility and the secretary may, after investigation, cancel or modify the assistance payment in accordance with the circumstances.

(b) Any assistance paid shall be recoverable by the secretary as a debt due to the state. If during the life or on the death of any person receiving assistance, it is found that the recipient was possessed of income or property in excess of the amount reported or ascertained at the time of granting assistance, and if it be shown that such assistance was obtained by an ineligible recipient, the total amount of the assistance may be recovered by the secretary as a fourth class claim from the estate of the recipient or in an action brought against the recipient while living.

(c) The total amount of any assistance that is sold, transferred or otherwise disposed of to others by a recipient or any other person, or the total amount of any assistance that is knowingly purchased, acquired or possessed by any person, except as authorized in state and federal law, rules and regulations and agency policy of the department for children and families or the department of health and environment is a debt due to the state and the total amount of such assistance that was improperly sold, transferred, disposed, purchased, acquired or possessed shall be recoverable by the secretary for children and families or the secretary of health and environment. Such debt may be recovered during the life or upon the death of any recipient or person who sold, transferred, disposed, purchased, acquired or possessed such assistance and may be recovered as a fourth class claim from the estate of the person or in an action brought against the recipient or person while living.

History: L. 1953, ch. 224, § 2; L. 1973, ch. 186, § 13; L. 1977, ch. 151, § 1; L. 2016, ch. 94, § 3; July 1.

CASE ANNOTATIONS

1. Cited; in absence of specific statutory authority the S.R.S. cannot maintain action for punitive damages. State ex rel. Secretary of S.R.S. v. Fomby, 11 Kan. App. 2d 138, 144, 715 P.2d 1045 (1986).

2. Funds from discretionary trust for nongrantor beneficiary not a resource for purpose of eligibility. State ex rel. Secretary of SRS v. Jackson, 15 Kan. App. 2d 126, 128, 130, 803 P.2d 1045 (1991).

3. Action for recovery of public assistance benefits; net income from trust was an available resource. State ex rel. Secretary of SRS v. Jackson, 249 Kan. 635, 636, 822 P.2d 1033 (1991).

4. Cited in holding creditor's garnishment order attaches only to discretionary trust funds paid directly to beneficiary. Wilcox v. Gentry, 18 Kan. App. 2d 356, 360, 853 P.2d 74 (1993).

5. Whether SRS may consider applicant's trust assets as available for public medical assistance eligibility purposes examined. Myers v. Kansas Dept. of SRS, 254 Kan. 467, 472, 866 P.2d 1052 (1994).


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Notes of Decisions
Cited in 9 cases, 1986–2001 · leading case: State Ex Rel. Sec'y of Soc. & Rehab. Servs. v. Jackson, 822 P.2d 1033 (Kan. 1991).
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State Ex Rel. Sec'y of Soc. & Rehab. Servs. v. Jackson, 822 P.2d 1033 (Kan. 1991). · cites it 6× “Secretary of Social and Rehabilitation Services (SRS), against Carrie Conner Jackson for reimbursement of public assistance benefits paid during a period in which SRS had determined she was ineligible to receive such benefits.”
State Ex Rel. Sec'y of Soc. & Rehab. Servs. v. Fomby, 715 P.2d 1045 (Kan. Ct. App. 1986). · cites it 13× “SRS asserted two causes of action against Evelyn Fomby: recovery of overpayments of public assistance as authorized by K.S.A. 39-719b and fraud. The remaining cause of action was asserted against Calvin Fomby for aiding and abetting in the commission of fraud.”
In Re the Marriage of Walje, 877 P.2d 7 (Kan. Ct. App. 1994). “What is clear is this: We are left with competing interests and conflicting outcomes from every approach taken on this difficult case. If the trial court did not err, SRS will have as its only possible recourse for recoupment an action against Carol pursuant to K.”
Myers v. Kansas Dep't of Soc. & Rehab. Servs., 866 P.2d 1052 (Kan. 1994). “During the period she was receiving nominal support from the trust, Jackson was also receiving public assistance benefits. The State contended that the trust fund providing support for Jackson was an available resource to her and was seeking reimbursement from Jackson, pursuant…”
State Ex Rel. Sec'y of Soc. & Rehab. Servs. v. Jackson, 803 P.2d 1045 (Kan. Ct. App. 1990). “” K.S.A. 39-719b authorizes an action for reimbursement of public assistance benefits and provides in part: “Any assistance paid shall be recoverable by the secretary as a debt due to the state.”
Wilcox v. Gentry, 867 P.2d 281 (Kan. 1994). “The issue was whether or not the *413 trust had been an “available resource” to Jackson at the time she was receiving public assistance funds for purposes of determining her eligibility for such SRS benefits.”
In re the Adoption of Baby Boy M., 18 P.3d 304 (Kan. Ct. App. 2001). “2d 1033 (1991) (SRS claimed a trust fund providing support for Jackson was an available resource to her and SRS sought reimbursement from Jackson, pursuant to K.S.A. 39-719b, for public assistance benefits paid to her in an amount in excess of $35,000.”
Wilcox v. Gentry, 853 P.2d 74 (Kan. Ct. App. 1993). “Smith held that while a creditor of the beneficiary of a discretionary trust could recover any money the trustees paid *360 directly to the beneficiary, it also held that the creditor could not demand any money that “the trustees have not paid to [the beneficiary] or invested in…”
State ex rel. Sec'y, Dep't of Soc. & Rehab. Servs. v. Cunningham, 948 P.2d 1140 (Kan. Ct. App. 1997). “39-708c(a) (directing the Secretary of SRS to develop state plans for “furnishing assistance and services to eligible individuals”); K.S.A. 39-719b (providing that if “assistance was obtained by an ineligible recipient, the total amount of the assistance may be recovered by the…”
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