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S1336aa...............................................by HEALTH AND WELFARE MEDICAL ASSISTANCE - QUALIFICATIONS - Amends existing law to further describe conditions which may disqualify an individual when assets are transferred to a spouse in order to qualify for medical assistance. 01/30 Senate intro - 1st rdg - to printing 01/31 Rpt prt - to Health/Wel 02/05 Rpt out - rec d/p - to 2nd rdg 02/06 2nd rdg - to 3rd rdg 02/08 To 14th Ord Rpt out amen - to engros 02/11 Rpt engros - 1st rdg - to 2nd rdg as amen 02/12 2nd rdg - to 3rd rdg as amen 02/15 3rd rdg as amen - PASSED - 34-0-1 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- Stennett Floor Sponsor - Ipsen Title apvd - to House 02/18 House intro - 1st rdg - to Health/Wel 03/05 Rpt out - rec d/p - to 2nd rdg 03/06 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 51-0-19 AYES -- Barraclough, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Martinez, McKague, Montgomery, Moyle, Pearce, Raybould, Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young, NAYS -- None Absent and excused -- Aikele, Barrett, Bedke, Clark, Crow, Gagner, Gould, Hornbeck, Jones, Loertscher, Mader, Meyer, Mortensen, Pischner, Pomeroy, Roberts, Smith(23), Wood, Mr. Speaker Floor Sponsor - Ellis Title apvd - to Senate 03/11 To enrol 03/12 Rpt enrol - Pres signed - Sp signed 03/13 To Governor 03/26 Governor signed Session Law Chapter 279 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1336 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC ASSISTANCE; AMENDING SECTION 56-214, IDAHO CODE, TO FURTHER 3 DESCRIBE CONDITIONS GOVERNING THE TRANSFER OF ASSETS TO QUALIFY FOR MEDI- 4 CAL ASSISTANCE AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 56-214, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 56-214. AWARD OF PUBLIC ASSISTANCE -- INELIGIBILITY UPON TRANSFER OF 9 PROPERTY. Upon the completion of the investigation, the state department shall 10 determine whether the applicant is eligible for public assistance under the 11 provisions of this act, the type and amount of public assistance he shall 12 receive, and the date upon which such public assistance shall begin. Public 13 assistance shall be paid in the manner prescribed by the state department. 14 (1) Assistance to families with children shall not be granted under this 15 act to any person who within six (6) months prior to applying for or at any 16 time during which such assistance is received, has either made an assignment 17 or transfer of property for the purpose of rendering himself eligible for 18 assistance under this act, or who has divested himself of any interest in 19 property without adequate consideration which interest or proceeds therefrom 20 could reasonably be expected to contribute to the support and maintenance of 21 such person and his family, except that any person who is ineligible for pub- 22 lic assistance due solely to such assignment or transfer shall become eligible 23 provided: 24 (a)tThere is a showing that such person has caused such property to be 25 assigned or transferred back to him; or 26 (b)tThere is a showing that the person to whom such property is assigned 27 or transferred has, subsequent to such assignment or transfer, met subsis- 28 tence and medical care costs exclusive of any obligation for support, of 29 such person or family, according to the department's assistance standard, 30 equal to, or in excess of, the market value of the property so assigned or 31 transferred; or 32 (c)tThere is a showing that the subsistence and medical care costs of 33 such person, according to the department's assistance standard, subsequent 34 to such assignment or transfer, equal or exceed the market value of the 35 property so assigned or transferred. 36 (2) Eligibility for old age assistance under section 56-207, Idaho Code, 37 or aid to the blind under section 56-208, Idaho Code, or aid to the disabled 38 under section 56-209a, Idaho Code, shall be determined by continuing to con- 39 sider as available any resource that was transferred prior to July 1, 1988, 40 until such resource is fully accounted for under the provisions of section 41 1613(c) of the social security act as such section read on June 30, 1988. 42 (3) Eligibility for medical assistance under section 56-209b, Idaho Code, 43 shall continue to apply the rules of the director of the department of health 2 1 and welfare concerning transfer of property as such rules read on October 29, 2 1988, to transfers that occur prior to July 1, 1989, to persons other than to 3 the spouse of the person receiving or applying for medical assistance, and to 4 interspousal transfers that occur prior to October 1, 1989. 5 (4) The provisions of section 1917(c) of the social security act as 6 amended by public law 100-360 and further amended by public law 100-485 and as 7 hereafter amended shall apply as of July 1, 1989, to transfers of assets other 8 than to the spouse, and as of October 1, 1989, to transfers between spouses, 9 except that such provisions shall not apply either to transfers that occurred 10 before July 1, 1988, or to transfers that have been fully accounted for under 11 subsection (3) of this section. Notwithstanding the foregoing, any transfer of 12 assets, whether or not for fair market value including, but not limited to, a 13 transfer in the form of an annuity, between spouses or to another for the ben- 14 efit of a spouse, is presumed to be for the purpose of sheltering assets to 15 qualify for medical assistance. Such assets transferred shall be counted as 16 available in determining eligibility, and will subject the applicant to penal- 17 ties prescribed by the director, unless the applicant for assistance can 18 demonstrate by clear and convincing evidence that the transfer was intended 19 for another purpose. 20 (5) Any funds, securities, accounts, contracts and all other property 21 held in or transferred to a special needs trust as provided in chapter 14, 22 title 68, Idaho Code, section 15-5-409, Idaho Code, and section 15-5-409a, 23 Idaho Code, shall not be considered by the state department in determining 24 whether the applicant is eligible for public assistance under the provisions 25 of this act, so long as the action is permitted under the provisions of sec- 26 tion 1917(c) and (d) of the social security act, as amended. 27 (6) If any provision of this section or the application thereof to any 28 person or circumstance is held invalid, such invalidity shall not affect other 29 provisions or applications of the section that can be given effect without the 30 invalid provisions or applications, and to this end the provisions of this 31 section are severable.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Ipsen Seconded by Lodge IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1336 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, in line 12, following "assets" insert: "not 3 otherwise specifically permitted by federal law".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1336, As Amended BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC ASSISTANCE; AMENDING SECTION 56-214, IDAHO CODE, TO FURTHER 3 DESCRIBE CONDITIONS GOVERNING THE TRANSFER OF ASSETS TO QUALIFY FOR MEDI- 4 CAL ASSISTANCE AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 56-214, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 56-214. AWARD OF PUBLIC ASSISTANCE -- INELIGIBILITY UPON TRANSFER OF 9 PROPERTY. Upon the completion of the investigation, the state department shall 10 determine whether the applicant is eligible for public assistance under the 11 provisions of this act, the type and amount of public assistance he shall 12 receive, and the date upon which such public assistance shall begin. Public 13 assistance shall be paid in the manner prescribed by the state department. 14 (1) Assistance to families with children shall not be granted under this 15 act to any person who within six (6) months prior to applying for or at any 16 time during which such assistance is received, has either made an assignment 17 or transfer of property for the purpose of rendering himself eligible for 18 assistance under this act, or who has divested himself of any interest in 19 property without adequate consideration which interest or proceeds therefrom 20 could reasonably be expected to contribute to the support and maintenance of 21 such person and his family, except that any person who is ineligible for pub- 22 lic assistance due solely to such assignment or transfer shall become eligible 23 provided: 24 (a)tThere is a showing that such person has caused such property to be 25 assigned or transferred back to him; or 26 (b)tThere is a showing that the person to whom such property is assigned 27 or transferred has, subsequent to such assignment or transfer, met subsis- 28 tence and medical care costs exclusive of any obligation for support, of 29 such person or family, according to the department's assistance standard, 30 equal to, or in excess of, the market value of the property so assigned or 31 transferred; or 32 (c)tThere is a showing that the subsistence and medical care costs of 33 such person, according to the department's assistance standard, subsequent 34 to such assignment or transfer, equal or exceed the market value of the 35 property so assigned or transferred. 36 (2) Eligibility for old age assistance under section 56-207, Idaho Code, 37 or aid to the blind under section 56-208, Idaho Code, or aid to the disabled 38 under section 56-209a, Idaho Code, shall be determined by continuing to con- 39 sider as available any resource that was transferred prior to July 1, 1988, 40 until such resource is fully accounted for under the provisions of section 41 1613(c) of the social security act as such section read on June 30, 1988. 42 (3) Eligibility for medical assistance under section 56-209b, Idaho Code, 43 shall continue to apply the rules of the director of the department of health 2 1 and welfare concerning transfer of property as such rules read on October 29, 2 1988, to transfers that occur prior to July 1, 1989, to persons other than to 3 the spouse of the person receiving or applying for medical assistance, and to 4 interspousal transfers that occur prior to October 1, 1989. 5 (4) The provisions of section 1917(c) of the social security act as 6 amended by public law 100-360 and further amended by public law 100-485 and as 7 hereafter amended shall apply as of July 1, 1989, to transfers of assets other 8 than to the spouse, and as of October 1, 1989, to transfers between spouses, 9 except that such provisions shall not apply either to transfers that occurred 10 before July 1, 1988, or to transfers that have been fully accounted for under 11 subsection (3) of this section. Notwithstanding the foregoing, any transfer of 12 assets not otherwise specifically permitted by federal law, whether or not for 13 fair market value including, but not limited to, a transfer in the form of an 14 annuity, between spouses or to another for the benefit of a spouse, is pre- 15 sumed to be for the purpose of sheltering assets to qualify for medical assis- 16 tance. Such assets transferred shall be counted as available in determining 17 eligibility, and will subject the applicant to penalties prescribed by the 18 director, unless the applicant for assistance can demonstrate by clear and 19 convincing evidence that the transfer was intended for another purpose. 20 (5) Any funds, securities, accounts, contracts and all other property 21 held in or transferred to a special needs trust as provided in chapter 14, 22 title 68, Idaho Code, section 15-5-409, Idaho Code, and section 15-5-409a, 23 Idaho Code, shall not be considered by the state department in determining 24 whether the applicant is eligible for public assistance under the provisions 25 of this act, so long as the action is permitted under the provisions of sec- 26 tion 1917(c) and (d) of the social security act, as amended. 27 (6) If any provision of this section or the application thereof to any 28 person or circumstance is held invalid, such invalidity shall not affect other 29 provisions or applications of the section that can be given effect without the 30 invalid provisions or applications, and to this end the provisions of this 31 section are severable.
STATEMENT OF PURPOSE RS 11492 Passage of this legislation would plug a loophole in federal Medicaid law where a wealthy married individual can become eligible for Medicaid nursing home benefits by purchasing an annuity, in an unlimited amount, for the benefit of his or her spouse. FISCAL IMPACT There are no costs connected with this proposed legislation. Enactment of this provision should help contain future costs by preventing relatively wealthy individuals from entering the MedJcaid program. CONTACT Name: Agency: Phone: Patti Campbell Health and Welfare 334-5818 Statement of Purpose/Fiscal Impact S 1336