1998 Legislation
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HOUSE BILL NO. 465 – Personal care provider, two clients

HOUSE BILL NO. 465

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H0465..........................................................by STOICHEFF
                          Requested by: Stoicheff
PERSONAL CARE PROVIDERS - Amends existing law to revise the definition of
"eligible recipient" or "recipient" and "personal care services" to mean
one or two individuals who may receive personal care services  to allow a
personal care provider to be responsible for two persons.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to Health/Wel

Bill Text


H0465


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 465

                                       BY STOICHEFF

 1                                        AN ACT
 2    RELATING TO PERSONAL CARE SERVICES; AMENDING SECTION 39-5602, IDAHO  CODE,  TO
 3        REVISE   THE  DEFINITIONS  OF  "ELIGIBLE  RECIPIENT"  OR  "RECIPIENT"  AND
 4        "PERSONAL CARE SERVICES."

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

 6        SECTION 1.  That Section 39-5602, Idaho Code, be, and the same  is  hereby
 7    amended to read as follows:

 8        39-5602.  DEFINITIONS.  As used in this chapter, the following terms shall
 9    have the following meaning:
10        (1)  "Associated services"  means  those  tasks  performed  which  do  not
11    require hands-on care such as incidental housekeeping, cooking, laundry, shop-
12    ping, and transportation included in the care plan.
13        (2)  "Case management" means a service which coordinates multiple services
14    for  individual  clients  through a process of assessment, planning, arranging
15    for and monitoring services.
16        (3)  "Department" means the department of health and welfare of the  state
17    of Idaho.
18        (4)  "Director"  means  the  director of the department of health and wel-
19    fare.
20        (5)  "Eligible recipient" or "recipient" means  an     one
21    (1)  or  two  (2)    individual s  determined eligible by the
22    department for the services provided in the state plan for medicaid, as autho-
23    rized by title XIX, of the social security act, as amended.
24        (6)  "Independent provider" means a personal care attendant that  provides
25    personal care services as an independent contractor.
26        (7)  "Independent  contractor"  means  a sole proprietorship, partnership,
27    corporation or other business entity approved in the state of Idaho to conduct
28    business and meeting all federal and state criteria as an independent contrac-
29    tor.
30        (8)  "Personal care attendant" means a person whose name  appears  on  the
31    Idaho  state board of nurse's registry of certificated nurse aid's (CNA) or is
32    determined by the director to meet equivalent requirements and holds, or works
33    for a provider agency that holds, a valid Idaho medicaid  provider  agreement;
34    and provides hands-on personal care services.
35        (9)  "Personal  care  services"  means  services that involve personal and
36    medically orientated tasks dealing  with  the  physical  requirements  of  the
37    patient  performed  in  the  patient's  or patients'  home  or
38    homes  and accommodating the patient's needs for long-term  maintenance,
39    supportive care or associated services.
40        (10) "Plan  of care" means a document which outlines all services, includ-
41    ing but not limited to, personal care services, required to maintain the indi-
42    vidual in his or her community.
43        (11) "Provider agency"  means  an  entity  that  recruits,  hires,  fires,


                                          2

 1    trains,  supervises, schedules, oversees quality of work, takes responsibility
 2    for care given, and provides payroll and benefits for care  providers  working
 3    for them.
 4        (12) "Representative"  means  an  employee of the department of health and
 5    welfare.

Statement of Purpose / Fiscal Impact


    





                           STATEMENT OF PURPOSE
                                 RS 07426
    
    The purpose of this piece of legislation is to allow personal 
    care
    
    service providers to be responsible for two 
    patients.
    
    FISCAL NOTE
    The state may be spending more money with personal care service
    providers and less money with nursing homes.
    
    
    CONTACT: Representative Jim Stoicheff
             208-334-2000
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    H 465