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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 - 2002
IN 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 - 2002
Moved 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 - 2002
IN 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