2001 Legislation
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HOUSE JOINT MEMORIAL NO. 7 – Veteran/medicaid recipient/no liens

HOUSE JOINT MEMORIAL NO. 7

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HJM007.....................................................by STATE AFFAIRS
VETERANS - Stating findings of the Legislature and petitioning Congress to
support an amendment to 42 U.S.C. section 1396p (Liens, Adjustments and
Recoveries), to exempt veterans in state veterans homes from having liens
placed on their property if they participate in the Medicaid Program.
                                                                        
02/16    House intro - 1st rdg - to printing
02/19    Rpt prt - to St Aff
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
02/28    3rd rdg - ADOPTED, voice vote
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to St Aff
03/06    Rpt prt - to 10th Ord
03/08    10th Ord - ADOPTED - 30-0-5
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Danielson, Darrington, Deide, Frasure, Geddes, Goedde,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lodge, Richardson,
      Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne,
      Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Cameron, Davis, Dunklin, Lee, Noh
    Floor Sponsor -- Richardson
    Title apvd - to House
03/09    To enrol
03/12    Rpt enrol - Sp signed
03/13    Pres signed
03/14    To Secretary of State

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                 HOUSE JOINT MEMORIAL NO. 7
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                   A JOINT MEMORIAL
  2    TO THE PRESIDENT OF THE UNITED STATES, TO THE  SENATE AND HOUSE OF REPRESENTA-
  3        TIVES OF THE UNITED STATES IN CONGRESS ASSEMBLED, AND TO THE CONGRESSIONAL
  4        DELEGATION REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF  THE  UNITED
  5        STATES.
                                                                        
  6        We,  your Memorialists, the House of Representatives and the Senate of the
  7    State of Idaho assembled in the First Regular Session of the Fifty-sixth Idaho
  8    Legislature, do hereby respectfully represent that:
                                                                        
  9        WHEREAS, the cornerstone of the first Idaho State Veterans Home  was  laid
 10    on  May  23,  1894,  and  was  truly a state occasion attended by 1,200 people
 11    including Governor William J. McConnell and the community recognized the value
 12    of its soldiers; and
 13        WHEREAS, the city, state, nation and world have changed dramatically since
 14    1894, as World Wars I and II, Korea, Vietnam and the Persian Gulf have threat-
 15    ened peace and freedom, and were successfully completed because of the gallant
 16    men and women of our armed services; and
 17        WHEREAS, like other states, there is still a  home  for  old  soldiers  in
 18    Idaho;  its face has changed, but its mission remains the same "...to care for
 19    him who shall have borne the battle and for his widow..."; and
 20        WHEREAS, changes in the way we care for our soldiers  and  their  families
 21    are inevitable, and we need to be vigilant to defend them as they defended us;
 22    and
 23        WHEREAS,  Idaho State Veterans Homes are currently in the process of being
 24    certified for Medicaid and federal regulations currently allow Tax Equity  and
 25    Fiscal  Responsibility  Act  (TEFRA)  and  Estate  Recovery liens to be placed
 26    against the property of veterans who reside in State Veterans Homes  and  par-
 27    ticipate in the Medicaid Program; and
 28        WHEREAS,   veterans   and   their  families  understand  and  support  our
 29    government's fiscal responsibility measures; however, government would not and
 30    could not exist without the men and women of the Armed Forces who placed them-
 31    selves in harm's  way for their country and they are due a debt that can never
 32    be fully paid; and
 33        WHEREAS, we need to reaffirm our commitment to veterans  by  taking  small
 34    steps  of  gratitude  for  the  great  gift  of  freedom they gave us: We have
 35    goodness, plenty, joy and peace because of these "old soldiers." They are  the
 36    cornerstones  of  our  freedom and we owe them the exemption of liens on their
 37    property as a small way of expressing our appreciation.
 38        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
 39    of the Fifty-sixth Idaho Legislature, the House  of  Representatives  and  the
 40    Senate  concurring  therein, that we support an amendment to 42 U.S.C. Section
 41    1396p (Liens, Adjustments and Recoveries), to exempt veterans  in  State  Vet-
 42    erans  Homes from having liens placed on their property if they participate in
 43    the Medicaid Program.
 44        BE IT FURTHER RESOLVED that the Chief Clerk of the  House  of  Representa-
                                                                        
                                           2
                                                                        
  1    tives  be, and she is hereby authorized and directed to forward a copy of this
  2    Memorial to the President of the United States, to the President of the Senate
  3    and the Speaker of the House of Representatives of Congress, and the  congres-
  4    sional  delegation  representing  the  State  of  Idaho in the Congress of the
  5    United States.

Statement of Purpose / Fiscal Impact



                        STATEMENT OF PURPOSE
                                
                            RS 10896

Idaho state veterans homes are currently in the process of being
certified for medicaid.  Federal regulations currently allow
recovery liens to be placed against the property of veterans who
reside in state veterans homes and participate in the medicaid
program.
The attorney general is requesting that our congressional
delegation pursue an amendment to 42 U.S.C. section 1396p (liens,
adjustments and recoveries), to exempt veterans in state veterans
homes from having liens placed on their property if they
participate in the medicaid program.
The purpose of RS 10896 is to support the attorney general in his
attempt to gain passage of the proposed amendment.
     
                       FISCAL IMPACT
                                

No fiscal impact is anticipated as a result of this joint memorial.

Contact
Name: Rep. Eskridge 
      Rep. Ruby Stone
Phone: 208/332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                  HJM