1998 Legislation
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HOUSE BILL NO. 418 – Medical indigency/cnty/clerk define


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H0418........................................................by MR. SPEAKER
                Requested by: Idaho Association of Counties
MEDICAL INDIGENCY - Amends existing law to provide that for medical
indigency purposes and the medical indigency law, the term "clerk" shall be
defined as the clerk of the board of county commissioners or his or her

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to Health/Wel
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow,
      Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Gould, Hadley, Hansen, Hornbeck, Jaquet, Jones(9), Jones(22),
      Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
      Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Robison, Sali, Schaefer, Stevenson, Stoicheff, Stubbs, Taylor,
      Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Black(23), Crane, Henbest, Stone
    Floor Sponsor - Jones(20)
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Health/Wel
03/03    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney,
      Thorne, Twiggs, Wheeler, Whitworth
      Absent and excused--Riggs
    Floor Sponsor - Bunderson
    Title apvd - to House
03/17    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - to Governor
03/19    Governor signed
         Session Law Chapter 109
         Effective: 07/01/98

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 418

                                      BY MR. SPEAKER
                       Requested by: Idaho Association of Counties

 1                                        AN ACT

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

 6        SECTION  1.  That  Section 31-3502, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 8        31-3502.  DEFINITIONS. As used in this chapter, the terms defined in  this
 9    section shall have the following meaning, unless the context clearly indicates
10    another meaning:
11        (1)  "Medically  indigent"  means  any  person who is in need of necessary
12    medical services and who, if an adult, together with his  or  her  spouse,  or
13    whose parents or guardian if a minor, does not have income and other resources
14    available  to him from whatever source sufficient to pay for necessary medical
15    services. Nothing in this definition shall prevent the board of county commis-
16    sioners and administrator from requiring the applicant and  obligated  persons
17    to  reimburse the county and the catastrophic health care costs program, where
18    appropriate, for all or a portion of their medical expenses,  when  investiga-
19    tion  of  their application pursuant to this chapter, determines their ability
20    to do so.
21        (2)  "Hospital" means a facility licensed and regulated pursuant  to  sec-
22    tions 39-1301 through 39-1314, Idaho Code, excluding state institutions.
23        (3)  "Dependent" means any person whom a taxpayer could claim as a depend-
24    ent under the income tax laws of the state of Idaho.
25        (4)  "Applicant"  means  any  person who is or may be requesting financial
26    assistance under this chapter.
27        (5)  "Reimbursement rates" means the unadjusted  medicaid  rate  of  reim-
28    bursement  for  medical  charges  allowed  pursuant to title XIX of the social
29    security  act,  as   amended.   For   long-term   care   facilities,   maximum
30    "reimbursement  rates"  means  the  unadjusted  medicaid rate of reimbursement
31    allowed pursuant to the medical assistance program as determined by chapter 1,
32    title 56, Idaho Code, or the unadjusted medicare rate of reimbursement  estab-
33    lished  under title XVIII of the social security act, as amended, whichever is
34    greater.
35        (6)  "Board" means the board of county commissioners.
36        (7)  "Obligated persons" means those persons who are  legally  responsible
37    for an applicant.
38        (8)  "County  hospital"  means any county approved institution or facility
39    for the care of sick persons.
40        (9)  "Administrator" means the board of the catastrophic health care  cost
41    program, as provided in section 31-3517, Idaho Code.
42        (10) "Catastrophic health care costs" means all necessary medical expenses
43    for  services  which  are  incurred by a recipient for which the reimbursement


 1    rate exceeds in aggregate the sum of ten thousand  dollars  ($10,000)  in  any
 2    twelve (12) consecutive month period.
 3        (11) "Recipient"  means  an  individual  determined eligible for necessary
 4    medical services under this chapter.
 5        (12) "Resident" means a person with a home, house, place of  abode,  place
 6    of habitation, dwelling or place where he or she actually lived for a consecu-
 7    tive period of  thirty (30) days or more. A resident does not include a person
 8    who  comes  into this state for temporary purposes, including, but not limited
 9    to, education, vacation, or seasonal labor. Entry into  active  military  duty
10    shall  not change a person's residence for the purposes of this chapter. Those
11    physically present within the following facilities and institutions  shall  be
12    residents of the county where they were residents prior to entering the facil-
13    ity or institution:
14        (a)  Correctional facilities;
15        (b)  Nursing homes or residential care facilities;
16        (c)  Other medical facility or institution.
17        (13) "Emergency  service" means a service provided for a medical condition
18    in which sudden, serious and unexpected symptoms of illness or injury are suf-
19    ficiently severe to necessitate or call for immediate medical care.
20        (14) "Provider" means  any  person,  firm,  or  corporation  certified  or
21    licensed  by the state of Idaho or holding an equivalent license or certifica-
22    tion in another state, that provides necessary medical services as it  appears
23    on an application for assistance pursuant to this chapter.
24        (15) "Third party applicant" means a person other than an obligated person
25    who completes, signs and files an application on behalf of a patient.
26        (16) "Clerk" means the clerk of the board or  designated case manager
27    approved  by  the  board  and  administrator    his or her designee
28    .
29        (17) "Resources" means all property, whether tangible or intangible,  real
30    or  personal, liquid or nonliquid, including, but not limited to, all forms of
31    public assistance, crime victim's compensation,  worker's  compensation,  vet-
32    erans  benefits, medicaid, medicare and any other property from any source for
33    which an applicant and/or an obligated person may be eligible or in  which  he
34    or  she may have an interest. Resources shall include the ability of an appli-
35    cant and obligated persons to pay for necessary medical services over a period
36    of up to three (3) years. For purposes of  determining  approval  for  medical
37    indigency  only, resources shall not include the value of the homestead on the
38    applicant or obligated persons residence, a burial plot, exemptions  for  per-
39    sonal property allowed in section 11-605(1) through (3), Idaho Code, and addi-
40    tional exemptions allowed by county resolution.
41          (18)   A.  "Necessary  medical services" means a requested or
42        provided medical service required in order to identify or  treat  a  medi-
43        cally indigent person's health condition, illness or injury and is:
44             (a)  Consistent with the symptoms, diagnosis or treatment of the med-
45             ical indigent's condition, illness or injury;
46             (b)  In  accordance  with  generally accepted standards of medical or
47             surgical practice then prevailing in the community where the services
48             were provided;
49             (c)  Furnished on an outpatient basis whenever it is safe,  efficient
50             and reasonable to do so;
51             (d)  Not  provided  primarily  for  the  convenience of the medically
52             indigent person or the provider;
53             (e)  The standard, most economical service or item that  can  safely,
54             reasonably and ethically be provided.
55        B.  Necessary medical services shall not include the following:


 1             (a)  Bone marrow transplants;
 2             (b)  Organ transplants;
 3             (c)  Elective, cosmetic and/or experimental procedures;
 4             (d)  Services  related to, or provided by, residential and/or shelter
 5             care facilities;
 6             (e)  Normal, uncomplicated pregnancies, excluding caesarean  section,
 7             and childbirth well-baby care;
 8             (f)  Medicare copayments and deductibles; and
 9             (g)  Services  provided  by, or available to an applicant from state,
10             federal and local health programs.
11        Provided however, each board may determine,  by  ordinance  or  resolution
12    duly  adopted  in  its  county, to include as necessary medical services addi-
13    tional services not covered in this section. Necessary medical  services  pro-
14    vided  by  this option shall not be paid by the catastrophic health care costs
15    program, and shall remain the liability of the respective county.

Statement of Purpose / Fiscal Impact


          RS 07322
    The purpose of this legislation is to correct an inconsistency in two sections of the Idaho Code. 
    Section 31-3403(7) defines "Clerk" as the Clerk of the Board of County Commissioners or his designee 
    while Section 3 1-3 502(16) defines "Clerk" as Clerk of the Board or designated case manager approved 
    by the Board and Administrator. This legislation would change Section 313 502(16) to define "Clerk" as 
    the Clerk of the Board of County Commissioners or his designee so that the section is consistent with all 
    other Idaho Code references.
    There is no fiscal impact to the state or its political subdivisions.
    CONTACT: Idaho Association of Counties 345-9126
             Dan Chadwick, Tony Poinelli, Lorna Jorgensen
    H 418