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S1334......................................................by STATE AFFAIRS MEDICAL ASSISTANCE - Amends existing law to eliminate the automatic lien provision upon application to counties for financial assistance for medical assistance. 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Health/Wel 02/19 Rpt out - Ref'd to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1334 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO MEDICAL INDIGENCY; AMENDING SECTION 31-3504, IDAHO CODE, TO ELIMI- 3 NATE THE AUTOMATIC LIEN PROVISION UPON APPLICATION FOR FINANCIAL ASSIS- 4 TANCE AND TO MAKE A TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 31-3504, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 31-3504. APPLICATION FOR FINANCIAL ASSISTANCE. (1) An applicant request- 9 ing assistance under this chapter shall complete a written application on a 10 uniform form agreed to by the Idaho association of counties and the Idaho hos- 11 pital association. The truth of the matters contained in the application shall 12 be sworn to by the applicant. The application shall be signed by the applicant 13 or on the applicant's behalf and filed in the clerk's office. 14 (2) If a third party application is filed, the application shall be as 15 complete aspracticalpracticable and presented in the same form and manner as 16 set forth above. 17 (3) Follow-up necessary medical services based on a treatment plan, for 18 the same condition, preapproved by the board, may be provided for a maximum of 19 six (6) months from the date of the original application without requiring an 20 additional application; however, a request for additional treatment not speci- 21 fied in the approved treatment plan shall be filed with the clerk ten (10) 22 days prior to receiving services. Beyond the six (6) months, requests for 23 additional treatment related to an original diagnosis in accordance with a 24 preapproved treatment plan shall be filed ten (10) days prior to receiving 25 services and an updated application may be requested by the board. 26(4) Upon application for financial assistance pursuant to this chapter an27automatic lien shall attach to all real and personal property of the applicant28and on insurance benefits to which the applicant may become entitled. The lien29shall also attach to any additional resources to which it may legally attach30not covered above. The lien created by this section may be, in the discretion31of the board, perfected as to real property and fixtures by recording, in any32county recorder's office in this state in which the applicant and obligated33party own property a notice of application for medical indigency benefits on a34uniform form agreed to by the Idaho association of counties and the Idaho hos-35pital association, which form shall be recorded as provided herein within36thirty (30) days from receipt of an application, and such lien, if so37recorded, shall have a priority date as of the date the necessary medical ser-38vices were provided. The lien created by this section may also be, in the dis-39cretion of the board, perfected as to personal property by filing with the40secretary of state within thirty (30) days of receipt of an application, a41notice of application in substantially the same manner as a filing under chap-42ter 9, title 28, Idaho Code, except that such notice need not be signed and no43fee shall be required, and, if so filed, such lien shall have the priority2 1date as of the date the necessary medical services were provided. An applica-2tion for assistance pursuant to this chapter shall waive any confidentiality3granted by state law to the extent necessary to carry out the intent of this4section.
STATEMENT OF PURPOSE RS 13972 The purpose of this legislation is to repeal the automatic lien provision which requires counties to place a lien on the real property in which fund applicants reside. Those medically needy seeking financial assistance from the county indigency fund would no longer automatically have a lien placed on their homes. FISCAL IMPACT None Contact Name: Nicole LeFavour, Idaho Community Action Network Phone: (208) 724-0468 STATEMENT OF PURPOSE/FISCAL NOTE S 1334