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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
NAYS--None
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
Effective: 07/01/98
H0738|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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 28 designee. 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 disability42to the extent it prevents an individual from participation in employment and43such disability is certified by one or more licensed physicians and/or psychi-2 1atrist 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 servicesas may bedetermined by the board 5 by resolution . 6 (154 ) "Obligated county for payment" means the 7 county wherein residency has been established. 8 (165 ) "Recipient" means the individual(s) deter- 9 mined eligible for county assistance. 10 (176 ) "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 (187 ) "Residence or residency15 Resident " means aphysical presenceperson 16 with a home, house, place of abode, place of habitation, dwelling 17 or place where one actuallyliveslived for a consecutive 18 period of thirty (30) days or more prior to the date of application . 19 (198 ) "Resource" means assets , 20or income from any source including, but not limited to, cash, assets,21gifts, bequests, grants, available forms of public or private assistance,22household members and family, whether it be services or payment of services,23loans, borrowing power and anticipated incomewhether 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 be38classified as either employable or medically unemployable.39(1) For medically unemployable persons, the board shall determine the40length of eligibility for nonmedical services, based upon medical documenta-41tion submitted to them as requested.42(2)The county is not obligated to provide nonmedical assistance 43 for more thanthreeone (31 44 ) monthsin the aggregate in any twelve (12) month period 45 toemployablepersons who areotherwiseeligible 46 for assistance . Assistance provided in any Idaho county shall 47 apply toward theobligatory threeone (3481 ) 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. 51 52 SECTION 3. That Section 31-3409, Idaho Code, be, and the same is hereby 3 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-4tance is available to aA 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- 8 ent. 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-12gible applicant shall be provided interim nonmedical assistance after initial13applications 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 applicant16becomes eligible for other assistance, such interim relief shall be repaid to17the county to the extent that such other assistance is for the same periods of18time that interim nonmedical assistance has been provided.
STATEMENT OF PURPOSE
RS08081
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.
FISCAL NOTE
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
PHONE: 345-9126
STATEMENT OF PURPOSE/FISCAL NOTE
H 738