2004 Legislation
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SENATE BILL NO. 1334 – Medical assistance applicatn, lien


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Bill Status

S1334......................................................by STATE AFFAIRS
MEDICAL ASSISTANCE - Amends existing law to eliminate the automatic lien
provision upon application to counties for financial assistance for medical
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Health/Wel
02/19    Rpt out - Ref'd to Loc Gov

Bill Text

  ]]]]              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
  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
  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 / Fiscal Impact

                       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

Name: Nicole LeFavour, Idaho Community Action Network 
Phone: (208) 724-0468

STATEMENT OF PURPOSE/FISCAL NOTE                      S 1334