SENATE BILL NO. 1363

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Bill Status



S1363.................................................by HEALTH AND WELFARE
INDIGENT MEDICAL SERVICES - Amends existing law relating to indigent
medical services to revise the event used to determine county residency; to
remove a provision providing that reimbursement moneys received by a county
need not be budgeted or appropriated pursuant to statute; and to provide
that the portion of moneys received by the county as reimbursement not
assigned to the state Catastrophic Health Care Fund shall be credited to
the county indigent fund.

02/01    Senate intro - 1st rdg - to printing
02/04    Rpt prt - to Health/Wel
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Malepeai(Sagness), McGee, McKague, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Lodge, McKenzie
    Floor Sponsor - McGee
    Title apvd - to House
02/14    House intro - 1st rdg - to Health/Wel
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Black, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
      Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
      Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Bilbao
    Floor Sponsor - Loertscher
    Title apvd - to Senate
03/14    To enrol
03/17    Rpt enrol - Pres signed - Sp signed
03/18    To Governor
03/18    Governor signed
         Session Law Chapter 189
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1363

                              BY HEALTH AND WELFARE COMMITTEE

  1                                        AN ACT
  2    RELATING TO INDIGENT MEDICAL SERVICES; AMENDING SECTION 31-3506,  IDAHO  CODE,
  3        TO  REVISE THE EVENT USED TO DETERMINE COUNTY RESIDENCY; AND AMENDING SEC-
  4        TION 31-3510A, IDAHO CODE, TO REMOVE A PROVISION PROVIDING THAT REIMBURSE-
  5        MENT MONEYS RECEIVED BY A COUNTY NEED NOT BE BUDGETED OR APPROPRIATED PUR-
  6        SUANT TO STATUTE AND TO PROVIDE THAT THE PORTION OF MONEYS RECEIVED BY THE
  7        COUNTY AS REIMBURSEMENT NOT ASSIGNED TO THE STATE CATASTROPHIC HEALTH CARE
  8        FUND SHALL BE CREDITED TO THE COUNTY INDIGENT FUND.

  9    Be It Enacted by the Legislature of the State of Idaho:

 10        SECTION 1.  That Section 31-3506, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:

 12        31-3506.  OBLIGATED  COUNTY.  The  county  obligated  for payment shall be
 13    determined as follows:
 14        (1)  The   obligated   county   for   payment   of   pharmaceuticals   for
 15    noninstitutionalized individuals shall be the county where the applicant  cur-
 16    rently resides.
 17        (2)  The  obligated  county  for payment of necessary medical services for
 18    medical indigent individuals shall be as follows:
 19        (a)  The last county in which the applicant or head of household has main-
 20        tained a residence for six (6) consecutive months  or  longer  within  the
 21        past  five  (5) years preceding application incurrence shall be obligated.
 22        If the applicant or head of household maintains  another  residence  in  a
 23        different county or state for purposes of employment, the county where the
 24        family  residence is maintained shall be deemed the applicant's or head of
 25        household's place of residence.
 26        (b)  If an individual has not resided in any county for a  period  of  six
 27        (6) months within the five (5) years preceding incurrence of medical costs
 28        for  which  counties  have  a responsibility in whole or in part, then the
 29        county where the applicant maintained a residence for at least thirty (30)
 30        days immediately preceding such incurrence shall be the obligated county.
 31        (c)  Active military duty, or being admitted as a patient in  a  hospital,
 32        nursing  home, other medical facility or institution, shall not change the
 33        obligated county. The county obligated shall remain the same  county  that
 34        would   have   been  obligated  prior  to  institutionalization  as  above
 35        described.
 36        (d)  For full-time students at public institutions of higher learning, the
 37        obligated county shall be the county of residence of the applicant  unless
 38        an  obligated  person,  for  whom the applicant is claimed as a dependent,
 39        resides in another county or state.
 40        (e)  If an individual has not resided in  any  county  for  a  consecutive
 41        period  of  thirty  (30)  days but has resided in the state of Idaho for a
 42        consecutive period of thirty (30) days then the county where the  individ-
 43        ual  last  resided  prior to receiving medical services shall be the obli-

                                       2

  1        gated county.

  2        SECTION 2.  That Section 31-3510A, Idaho Code, be, and the same is  hereby
  3    amended to read as follows:

  4        31-3510A.  REIMBURSEMENT.  (1) Receipt of financial assistance pursuant to
  5    this chapter shall obligate an applicant to reimburse the  county  from  which
  6    assistance is received and the catastrophic health care costs program for such
  7    reasonable portion of the financial assistance paid on behalf of the applicant
  8    as  the  board  may determine that the applicant is able to pay from resources
  9    over a reasonable period of time. Cash  amounts  received  shall  be  prorated
 10    between the county and the state in proportion to the amount each has paid.
 11        (2)  A  final determination shall not relieve the applicant's duty to make
 12    additional reimbursement from resources if the board subsequently finds within
 13    a reasonable period of time that there has been a substantial change  in  cir-
 14    cumstances such that the applicant is able to pay additional amounts up to the
 15    total claim paid on behalf of the applicant.
 16        (3)  A  final  determination shall not prohibit the board from reviewing a
 17    petition from an applicant to reduce an order of reimbursement based on a sub-
 18    stantial change in circumstances.
 19        (4)  The automatic lien created pursuant to the chapter may be  filed  and
 20    recorded  in  any county of this state wherein the applicant has resources and
 21    may be liquidated or unliquidated in amount. Nothing herein shall prohibit  an
 22    applicant  from  executing a consensual lien in addition to the automatic lien
 23    created by filing an application pursuant to this chapter. In the  event  that
 24    resources  can  be  located in another state, the clerk may file the lien with
 25    the district court and provide notice to the recipient.  The  recipient  shall
 26    have  twenty  (20)  days  to  object, following which the district court shall
 27    enter judgment against the recipient. The judgment entered may  thereafter  be
 28    filed as provided for the filing of a foreign judgment in that jurisdiction.
 29        (5)  The  county  shall have the same right of recovery as provided to the
 30    state of Idaho pursuant to sections 56-218 and 56-218A, Idaho Code.
 31        (6)  The board may require the employment of such of the  medically  indi-
 32    gent  as  are capable and able to work and whose attending physician certifies
 33    they are capable of working.
 34        (7)  That portion of the mMoneys received by  a  county  as  reimbursement
 35    that  are  not  assigned  to  the state catastrophic health care fund shall be
 36    credited to the county indigent fund. and need not be budgeted or appropriated
 37    in the manner required by chapter 16, title  31,  Idaho  Code,  but  shall  be
 38    available  for expenditure at any time for the purposes of the county indigent
 39    fund.
 40        (8)  If, after a hearing, the final  determination  of  the  board  is  to
 41    require  a  reimbursement amount or rate the applicant believes excessive, the
 42    applicant may seek judicial review of the final determination of the board  in
 43    the manner provided in section 31-1506, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 17726

The purpose of this bill is to clarify the handling of indigent
reimbursements. It would allow for the portion of funds received
that are to be reimbursed to the catastrophic (CAT) fund to be put
into a trust and then sent to the CAT fund without being budgeted.
Funds that would be distributed to the county indigent fund would
be allowed to be utilized as long as they were budgeted as provided
by law.  This codifies the practice currently utilized by many
counties.

The indigent law was amended in 1996 to specify that an application
may be filed on an indigent person within 30 days of receiving
necessary medical services. Section 31-3506 (2)(a) dealing with
obligated county has some inconsistencies in that one section deals
with "preceding application" and another section uses the
terminology "preceding incurrence."  Any delay in the filing of an
Application for County Aid should not determine which county would
be the "obligated county".  This would clarify that statute by
eliminating the conflicting terminology.



                          FISCAL IMPACT

No impact on the state general fund or any taxing districts.





Contact
Name: Dan Chadwick, Idaho Association of Counties 
Phone: 208-345-9126
Tony Poinelli
Sharon Burke


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1363