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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 - 2004
IN 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 as practical practicable 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 an
27 automatic lien shall attach to all real and personal property of the applicant
28 and on insurance benefits to which the applicant may become entitled. The lien
29 shall also attach to any additional resources to which it may legally attach
30 not covered above. The lien created by this section may be, in the discretion
31 of the board, perfected as to real property and fixtures by recording, in any
32 county recorder's office in this state in which the applicant and obligated
33 party own property a notice of application for medical indigency benefits on a
34 uniform form agreed to by the Idaho association of counties and the Idaho hos-
35 pital association, which form shall be recorded as provided herein within
36 thirty (30) days from receipt of an application, and such lien, if so
37 recorded, shall have a priority date as of the date the necessary medical ser-
38 vices were provided. The lien created by this section may also be, in the dis-
39 cretion of the board, perfected as to personal property by filing with the
40 secretary of state within thirty (30) days of receipt of an application, a
41 notice of application in substantially the same manner as a filing under chap-
42 ter 9, title 28, Idaho Code, except that such notice need not be signed and no
43 fee shall be required, and, if so filed, such lien shall have the priority
2
1 date as of the date the necessary medical services were provided. An applica-
2 tion for assistance pursuant to this chapter shall waive any confidentiality
3 granted by state law to the extent necessary to carry out the intent of this
4 section.
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