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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
designee.
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
NAYS--None
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
H0418|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 418 BY MR. SPEAKER Requested by: Idaho Association of Counties 1 AN ACT 2 RELATING TO MEDICAL INDIGENCY; AMENDING SECTION 31-3502, IDAHO CODE, TO DEFINE 3 THE TERM "CLERK" AS THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS OR HIS 4 OR HER DESIGNEE AND TO MAKE A TECHNICAL CORRECTION. 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 2 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 ordesignated case manager27approved by the board and administratorhis 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: 3 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
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.
FISCAL IMPACT
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
STATEMENT OF PURPOSE/FISCAL IMPACT
H 418