Print Friendly HOUSE BILL NO. 738 – Nonmedical assistance, indigents
HOUSE BILL NO. 738
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H0738.................................................by HEALTH AND WELFARE
NONMEDICAL ASSISTANCE - Amends existing law to clarify the authority of the
board of county commissioners to determine the duration of nonmedical
assistance to persons who are indigent and to further define residency.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Health/Wel
02/27 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 65-1-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds,
Richman, Ridinger, Sali, Schaefer, Stevenson, Stone, Stubbs, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann
NAYS -- Stoicheff
Absent and excused -- Kjellander, Robison, Taylor, Mr Speaker
Floor Sponsor - Loertscher
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Health/Wel
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
Absent and excused--Hansen
Floor Sponsor - Bunderson
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 204
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 738
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO NONMEDICAL INDIGENT ASSISTANCE; AMENDING SECTION 31-3403, IDAHO
3 CODE, TO PROVIDE A DEFINITION OF RESOURCE SIMILAR TO THE MEDICAL INDIGENT
4 STATUTES, TO CLARIFY SPECIFIC NONMEDICAL ASSISTANCE DETERMINED BY RESOLU-
5 TION OF THE BOARD AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
6 31-3405, IDAHO CODE, TO ALLOW THE BOARD TO DETERMINE THE LENGTH OF TIME OF
7 ELIGIBILITY FOR ASSISTANCE BEYOND ONE MONTH; AND AMENDING SECTION 31-3409,
8 IDAHO CODE, TO PROVIDE THAT INTERIM RELIEF IS AVAILABLE TO THE EXTENT PRO-
9 VIDED BY THE RESOLUTION OF THE BOARD.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 31-3403, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 31-3403. DEFINITIONS. As used in this chapter:
14 (1) "Adult household member" means any individual eighteen (18) years of
15 age and over who resides in the household.
16 (2) "Anticipated future income" means a reasonable expectation of income
17 to the household based on an analysis of past income, future income, current
18 income, experience, skills, education, inheritance and possible assets from
19 any source.
20 (3) "Applicant" means the individual and all others in the household who
21 are requesting nonmedical assistance, and who submits a county application.
22 (4) "Assets" mean s property rights including, but not lim-
23 ited to, personal, real, tangible and intangible property.
24 (5) "Authorized representative" means the applicant's guardian or
25 appointed attorney-in-fact.
26 (6) "Board" means a board of county commissioners.
27 (7) "Clerk" means the clerk of a board of county commissioners or his
29 (8) "Emergency" means any circumstance demanding immediate action.
30 (9) "Household" means a collective body of persons consisting of spouses
31 or parents and their children who reside in the same residence; or all other
32 persons who by choice or necessity are mutually dependent upon each other for
33 basic necessities and who reside in the same residence.
34 (10) "Indigent" means any applicant who does not have resources available
35 from whatever source which shall be sufficient to enable the applicant to pro-
36 vide nonmedical assistance or a portion thereof.
37 (11) "Information release" means the document authorizing release of con-
38 fidential information.
39 (12) "Investigation" means a detailed examination of the application and
40 information required from the applicant and others to verify eligibility.
41 (13) "Medically unemployable" means a physical or mental disability
42 to the extent it prevents an individual from participation in employment and
43 such disability is certified by one or more licensed physicians and/or psychi-
1 atrist or psychologist.
2 (14) "Nonmedical assistance" means reasonable costs for assistance
3 which includes , but is not limited to, food and shelter and other
4 such necessary services as may be determined by the board
5 by resolution .
6 (1 5 4 ) "Obligated county for payment" means the
7 county wherein residency has been established.
8 (1 6 5 ) "Recipient" means the individual(s) deter-
9 mined eligible for county assistance.
10 (1 7 6 ) "Repayment" means the authority of the
11 board of county commissioners to require indigent person(s) to repay the
12 county for assistance when investigation of their application determines their
13 ability to do so.
14 (1 8 7 ) " Residence or residency
15 Resident " means a physical presence person
16 with a home, house, place of abode, place of habitation, dwelling
17 or place where one actually lives lived for a consecutive
18 period of thirty (30) days or more prior to the date of application .
19 (1 9 8 ) "Resource" means assets ,
20 or income from any source including, but not limited to, cash, assets,
21 gifts, bequests, grants, available forms of public or private assistance,
22 household members and family, whether it be services or payment of services,
23 loans, borrowing power and anticipated income whether tangible or
24 intangible, real or personal, liquid or nonliquid, including, but not limited
25 to, gifts, bequests, grants, all forms of public or private assistance, crime
26 victim's compensation, worker's compensation, veteran's benefits, medicaid,
27 medicare and any other property from any source for which an applicant and/or
28 an obligated person may be eligible or in which he or she may have an inter-
29 est. For purposes of determining approval for nonmedical indigency only,
30 resources shall not include the value of the homestead of the applicant or
31 obligated person's residence, a burial plot, exemptions for personal property
32 allowed in section 11-605(1) through (3), Idaho Code, and additional exemp-
33 tions allowed by county resolution .
34 SECTION 2. That Section 31-3405, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 31-3405. ELIGIBILITY CLASSIFICATIONS -- DURATION OF ASSISTANCE FOR PUR-
37 POSES OF ELIGIBILITY. A recipient of nonmedical assistance shall be
38 classified as either employable or medically unemployable.
39 (1) For medically unemployable persons, the board shall determine the
40 length of eligibility for nonmedical services, based upon medical documenta-
41 tion submitted to them as requested.
42 (2) The county is not obligated to provide nonmedical assistance
43 for more than three one ( 3 1
44 ) month s in the aggregate in any twelve (12) month period
45 to employable persons who are otherwise eligible
46 for assistance . Assistance provided in any Idaho county shall
47 apply toward the obligatory three one ( 3
48 1 ) month benefit period. The board may determine the
49 length of additional eligibility, consistent with the county resolution, for
50 nonmedical services, based upon documentation submitted to them as requested.
52 SECTION 3. That Section 31-3409, Idaho Code, be, and the same is hereby
1 amended to read as follows:
2 31-3409. APPLICATION OF STATE AND FEDERAL PROGRAM -- INTERIM RELIEF SUB-
3 ROGATION OF COUNTY TO RECEIPT OF FEDERAL PAYMENTS. (1) Nonmedical assis-
4 tance is available to a A n eligible applicant
5 may be provided nonmedical interim assistance that is consistent with
6 the resolution adopted by the board and to the extent such relief is
7 not duplicative of resources or benefits reasonably available to the recipi-
9 (2) If federal, state or other programs or assistance are available to
10 meet the needs of a household, an eligible applicant must apply
11 for those programs before nonmedical assistance may be provided. An eli-
12 gible applicant shall be provided interim nonmedical assistance after initial
13 applications for other programs are pending. If denied such other
14 assistance, the applicant must pursue available administrative appeals for
15 those programs to the final administrative level. If the applicant
16 becomes eligible for other assistance, such interim relief shall be repaid to
17 the county to the extent that such other assistance is for the same periods of
18 time that interim nonmedical assistance has been provided.
STATEMENT OF PURPOSE
The purpose of the bill is to provide consistency between some of
the definitions in the medical indigency laws and non-medical
indigent laws. It also clarifies that non-medical assistance is
only temporary as the intent states under the powers and duties of
the board of county commissioners. This bill will allow boards of
county commissioners, by resolution, to determine the amount of
time, beyond one month, that non-medical assistance will be
provided. These changes add uniformity to the state and federal
approach to maintain self sufficiency.
There is no impact to the state general fund. There may be a
savings to counties depending on the amount of assistance provided
to an applicant as determined by the board.
CONTACT: Idaho Association of Counties
Dan Chadwick, Tony Poinelli, Lorna Jorgensen
STATEMENT OF PURPOSE/FISCAL NOTE