2007 Legislation
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HOUSE BILL NO. 168 – Medicaid benefits, revised

HOUSE BILL NO. 168

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Bill Status



H0168.................................................by HEALTH AND WELFARE
PUBLIC ASSISTANCE - Amends existing law relating to public assistance to
define a term; to revise benefits for all medicaid participants; to remove
provisions on personal health account funding, use and disposition; and to
provide for use of preventive health assistance benefits.
                                                                        
02/09    House intro - 1st rdg - to printing
02/12    Rpt prt - to Health/Wel
02/23    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 70-0-0
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24),
      Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Block
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Health/Wel
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway,
      Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Fulcher, Gannon, Malepeai
    Floor Sponsor - Coiner
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed
03/21    Pres signed - To Governor
03/27    Governor signed
         Session Law Chapter 200
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 168
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC ASSISTANCE; AMENDING SECTION 56-251, IDAHO CODE, TO PROVIDE
  3        CORRECT TERMINOLOGY; AMENDING SECTION 56-252,  IDAHO  CODE,  TO  DEFINE  A
  4        TERM;  AMENDING  56-253, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO
  5        PROVIDE A FEDERAL LAW REFERENCE; AMENDING SECTION 56-254, IDAHO  CODE,  TO
  6        PROVIDE  CORRECT  TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING
  7        SECTION 56-255, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND  TO  REVISE
  8        BENEFITS FOR ALL MEDICAID PARTICIPANTS AND TO MAKE A TECHNICAL CORRECTION;
  9        AMENDING  SECTION  56-256,  IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO
 10        REMOVE PROVISIONS ON PERSONAL HEALTH ACCOUNT FUNDING, USE AND  DISPOSITION
 11        AND TO PROVIDE FOR USE OF PREVENTIVE HEALTH ASSISTANCE BENEFITS.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  56-251, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        56-251.  LEGISLATIVE INTENT. (1) The legislature finds  that  the  current
 16    federal  medicaid  law  and  regulations have not kept pace with modern health
 17    care management practices, create obstacles to quality care and impose  unnec-
 18    essary  costs on the delivery of effective and efficient health care. The leg-
 19    islature believes that the state of Idaho must strive to  balance  efforts  to
 20    contain  medicaid  costs,  improve  program quality and improve access to ser-
 21    vices. The legislature further believes that the state of Idaho could  achieve
 22    improved  health outcomes for medicaid participants by simplifying eligibility
 23    and developing health benefits for medicaid participants  according  to  their
 24    health needs, including appropriate preventive and wellness services.
 25        (2)  The  legislature supports development, at a minimum, of the following
 26    health-need categories:
 27        (a)  Low-Income Children and Working-Age Adults  with  No  Special  Health
 28        Needs. The broad policy goal for the medicaid program for low-income chil-
 29        dren and working-age adults with no special health needs is to achieve and
 30        maintain  wellness  by  emphasizing prevention and by proactively managing
 31        health. Additional specific goals are:
 32             (i)   To emphasize preventive care and wellness;
 33             (ii)  To increase participant ability to make  good  health  choices;
 34             and
 35             (iii) To strengthen the employer-based health insurance system.
 36        (b)  Persons  with  Disabilities or Special Health Needs. The broad policy
 37        goal for the medicaid program for persons  with  disabilities  or  special
 38        health needs is to finance and deliver cost-effective individualized care.
 39        Additional specific goals are:
 40             (i)   To emphasize preventive care and wellness;
 41             (ii)  To  empower  individuals  with disabilities to manage their own
 42             lives;
 43             (iii) To provide opportunities for employment for persons  with  dis-
                                                                        
                                       2
                                                                        
  1             abilities; and
  2             (iv)  To  provide  and  to  promote family-centered, community-based,
  3             coordinated care for children with special health care needs.
  4        (c)  Elders Persons with Medicare and Medicaid Coverage. The broad  policy
  5        goal  for the medicaid program for elders persons with medicare and medic-
  6        aid coverage is to finance and deliver cost-effective individualized  care
  7        which is integrated, to the greatest extent possible, with medicare cover-
  8        age. Additional specific goals are:
  9             (i)   To emphasize preventive care and wellness;
 10             (ii)  To improve coordination between medicaid and medicare coverage;
 11             (iii) To increase nonpublic financing options for long-term care; and
 12             (iv)  To ensure participants' dignity and quality of life.
 13        (3)  To  the  extent practicable, the department shall achieve savings and
 14    efficiencies through use of modern care management practices, in areas such as
 15    network management, cost-sharing, benefit design and premium assistance.
 16        (4)  The department's duty to implement these changes in  accordance  with
 17    the intent of the legislature is contingent upon federal approval.
                                                                        
 18        SECTION  2.  That  Section  56-252, Idaho Code, be, and the same is hereby
 19    amended to read as follows:
                                                                        
 20        56-252.  DEFINITIONS. As used in sections  56-250  through  56-255,  Idaho
 21    Code:
 22        (1)  "Benchmark  plan"  means  a  package of health benefits coverage that
 23    provides coverage for a specified population in accordance with  section  6044
 24    of the deficit reduction act of 2005.
 25        (2)  "Benefit  design"  means selection of services, providers and benefi-
 26    ciary cost-sharing to create the scope of coverage for participants.
 27        (23)  "Community supports" means services that promote the ability of per-
 28    sons with disabilities to be self-sufficient and live independently  in  their
 29    own communities.
 30        (34)  "Cost-sharing"  means  participant payment for a portion of medicaid
 31    service costs such as deductibles, coinsurance or copayment amounts.
 32        (45)  "Department" means the department of health and welfare.
 33        (56)  "Director" means the director of the department of health  and  wel-
 34    fare.
 35        (67)  "Health  risk  assessment"  means  a process of assessing the health
 36    status and health needs of participants.
 37        (78)  "Medicaid" means Idaho's medical assistance program.
 38        (89)  "Medical assistance" means payments for part or all of the  cost  of
 39    services  funded  by  titles  XIX or XXI of the federal social security act as
 40    amended, as may be designated by department rule.
 41        (910) "Medical home" means a primary care case manager designated  by  the
 42    participant or the department to coordinate the participant's care.
 43        (101) "Network management" means establishment and management of contracts
 44    between the department and limited groups of providers or suppliers of medical
 45    and other services to participants.
 46        (112) "Participant"  means a person eligible for and enrolled in the Idaho
 47    medical assistance program.
 48        (123) "Premium assistance" means use of medicaid funds to pay part or  all
 49    of  the  costs of enrolling eligible individuals into private insurance cover-
 50    age.
 51        (134) "Primary care case manager" means a primary care physician who  con-
 52    tracts with medicaid to coordinate the care of certain participants.
 53        (145) "Provider"  means any individual, partnership, association, corpora-
                                                                        
                                       3
                                                                        
  1    tion or  organization,  public  or  private,  which  provides  residential  or
  2    assisted  living  services,  certified  family home services, nursing facility
  3    services or services offered pursuant to medical assistance.
  4        (156) "Self-determination" means medicaid services that allow persons with
  5    disabilities to exercise choice and control over  the  services  and  supports
  6    they receive.
  7        (167) "State  plan"  means the contract between the state and federal gov-
  8    ernment under 42 U.S.C. section 1396a(a).
                                                                        
  9        SECTION 3.  That Section 56-253, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
                                                                        
 11        56-253.  POWERS  AND  DUTIES  OF  THE DIRECTOR. (1) The director is hereby
 12    encouraged and empowered to obtain federal approval in order that Idaho design
 13    and implement changes to its medicaid program that advance the quality of ser-
 14    vices to participants while allowing access to needed services and  containing
 15    excessive  costs. The design of Idaho's medicaid program shall incorporate the
 16    concepts expressed in section 56-251, Idaho Code.
 17        (2)  The director may  create  health-need  categories  other  than  those
 18    stated  in  section 56-251(2)(a), Idaho Code, subject to legislative approval,
 19    and may develop a medicaid state benchmark plan for each category.
 20        (3)  Each state benchmark plan shall include explicit policy goals for the
 21    covered population identified in the plan, as well as specific  benefit  pack-
 22    ages,  delivery  system components and performance measures in accordance with
 23    section 67-1904, Idaho Code.
 24        (4)  The director shall establish a mechanism to ensure placement of  par-
 25    ticipants  into  the appropriate state benchmark plan as allowed under section
 26    6044 of the deficit reduction act of 2005. This mechanism shall  include,  but
 27    not be limited to, a health risk assessment. This assessment shall comply with
 28    federal requirements for early and periodic screening, diagnosis and treatment
 29    (EPSDT) services for children, in accordance with section 1905(a)(4)(B) of the
 30    social security act.
 31        (5)  The  director  may require, subject to federal approval, participants
 32    to designate a medical home. Applicants for medical assistance  shall  receive
 33    information  about primary care case management, and, if required to so desig-
 34    nate, shall select a primary care provider as part of the eligibility determi-
 35    nation process.
 36        (6)  The director may, subject to federal approval, enter  into  contracts
 37    for  medical and other services when such contracts are beneficial to partici-
 38    pant health outcomes as well as economically prudent for the medicaid program.
 39        (7)  The director may obtain agreements from  medicare,  school  districts
 40    and  other entities to provide medical care if it is practical and cost-effec-
 41    tive.
 42        (8)  The director is given authority to promulgate rules  consistent  with
 43    this act.
                                                                        
 44        SECTION  4.  That  Section  56-254, Idaho Code, be, and the same is hereby
 45    amended to read as follows:
                                                                        
 46        56-254.  ELIGIBILITY FOR MEDICAL ASSISTANCE.  The  department  shall  make
 47    payments  for  medical  assistance  to, or on behalf of, the following persons
 48    eligible for medical assistance.
 49        (1)  The state benchmark plan  for  low-income  children  and  working-age
 50    adults with no special health needs includes the following persons:
 51        (a)  Children  in families whose family income does not exceed one hundred
                                                                        
                                       4
                                                                        
  1        eighty-five percent (185%) of the federal poverty guideline and  who  meet
  2        age-related and  other eligibility standards in accordance with department
  3        rule;
  4        (b)  Pregnant  women  of  any  age whose family income does not exceed one
  5        hundred thirty-three percent (133%) of the federal poverty  guideline  and
  6        who  meet  other eligibility standards in accordance with department rule,
  7        or who meet the presumptive eligibility guidelines in accordance with sec-
  8        tion 1920 of the social security act;
  9        (c)  Infants born to medicaid-eligible pregnant women. Medicaid  eligibil-
 10        ity  must  be  offered  throughout  the  first year of life so long as the
 11        infant remains in the mother's household  and  she  remains  eligible,  or
 12        would be eligible if she were still pregnant;
 13        (d)  Adults  in  families  with dependent children as described in section
 14        1931 of the social security act, who meet the requirements in the  state's
 15        assistance  to  families  with dependent children (AFDC) plan in effect on
 16        July 16, 1996;
 17        (e)  Families who are provided six (6) to twelve (12) months  of  medicaid
 18        coverage  following  loss  of eligibility under section 1931 of the social
 19        security act due to earnings, or four (4) months of medicaid coverage fol-
 20        lowing loss of eligibility under section 1931 of the social  security  act
 21        due to an increase in child or spousal support;
 22        (f)  Employees  of  small businesses who meet the definition of  "eligible
 23        adult" as described in section 56-238, Idaho Code,  whose  eligibility  is
 24        limited  to  the  medical  assistance program described in section 56-241,
 25        Idaho Code; and
 26        (g)  All other mandatory groups as defined in  title  XIX  of  the  social
 27        security  act,  if  not listed separately in subsection (2) or (3) of this
 28        section.
 29        (2)  The state benchmark plan for persons  with  disabilities  or  special
 30    health needs includes the following persons:
 31        (a)  Persons  under  age sixty-five (65) years eligible in accordance with
 32        title XVI of the social security act, as well as persons eligible for  aid
 33        to  the  aged,  blind and disabled (AABD) under titles I, X and XIV of the
 34        social security act;
 35        (b)  Persons under age sixty-five (65) years who are in need of  the  ser-
 36        vices  of a licensed nursing facility, a licensed intermediate care facil-
 37        ity for the developmentally disabled, a state mental  hospital,  or  home-
 38        based and community-based care, whose income does not exceed three hundred
 39        percent  (300%)  of the social security income (SSI) standard and who meet
 40        the asset standards and other eligibility  standards  in  accordance  with
 41        federal law and regulation, Idaho law and department rule;
 42        (c)  Certain  disabled  children  described  in  42  CFR  435.225 who meet
 43        resource limits for aid to the aged, blind and disabled (AABD) and  income
 44        limits for social security income (SSI) and other eligibility standards in
 45        accordance with department rules;
 46        (d)  Persons under age sixty-five (65) years who are eligible for services
 47        under both titles XVIII and XIX of the social security act;
 48        (e)  Children who are eligible under title IV-E of the social security act
 49        for  subsidized  board  payments,  foster  care or adoption subsidies, and
 50        children for whom the state has assumed temporary or  permanent  responsi-
 51        bility  and who do not qualify for title IV-E assistance but are in foster
 52        care, shelter or emergency shelter care, or subsidized adoption,  and  who
 53        meet eligibility standards in accordance with department rule;
 54        (f)  Eligible  women  under  age  sixty-five (65) years with incomes at or
 55        below two hundred percent (200%) of the federal poverty level, for  cancer
                                                                        
                                       5
                                                                        
  1        treatment  pursuant  to  the federal breast and cervical cancer prevention
  2        and treatment act of 2000;
  3        (g)  Low-income children and working-age adults under age sixty-five  (65)
  4        years who qualify under subsection (1) of this section and who require the
  5        services  for  persons with disabilities or special health needs listed in
  6        subsection 56-255(3), Idaho Code; and
  7        (h)  Persons over age sixty-five (65) years who choose to enroll  in  this
  8        state plan.
  9        (3)  The  state  benchmark  plan  for  elders persons over twenty-one (21)
 10    years of age who have medicare and medicaid coverage  includes  the  following
 11    persons:
 12        (a)  Persons  aged  sixty-five  (65) years or older eligible in accordance
 13        with title XVI of the social security act, as well as persons eligible for
 14        aid to the aged, blind and disabled (AABD) under titles I, X  and  XIV  of
 15        the social security act;
 16        (b)  Persons  aged  sixty-five  (65) years or older who are in need of the
 17        services of a licensed nursing  facility,  a  licensed  intermediate  care
 18        facility  for  the  developmentally  disabled, a state mental hospital, or
 19        home-based and community-based care, whose income does  not  exceed  three
 20        hundred  percent  (300%)  of the social security income (SSI) standard and
 21        who meet the assets standards and other eligibility  standards  in  accor-
 22        dance with federal and state law and department rule;
 23        (c)  Persons aged sixty-five (65) years or older who are eligible for ser-
 24        vices  under both titles XVIII and XIX of the social security act who have
 25        enrolled in the medicare program; and
 26        (d)  Persons under age sixty-five (65) years who are eligible for services
 27        under both titles XVIII and XIX of the social security act and  who  elect
 28        to enroll in this state plan.
                                                                        
 29        SECTION  5.  That  Section  56-255, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        56-255.  MEDICAL ASSISTANCE PROGRAM -- SERVICES TO BE  PROVIDED.  (1)  The
 32    department may make payments for the following services furnished by providers
 33    to  participants  who  are determined to be eligible on the dates on which the
 34    services were provided. Any service under this  section  shall  be  reimbursed
 35    only  when  medically necessary and in accordance with federal law and regula-
 36    tion, Idaho law and department rule. Notwithstanding any  other  provision  of
 37    this  chapter,  medical assistance includes the following benefits specific to
 38    the eligibility categories established in  section  56-254(1),  (2)  and  (3),
 39    Idaho Code, as well as a list of benefits to which all Idaho medicaid partici-
 40    pants are entitled, defined in subsection (5) of this section.
 41        (2)  Specific  health benefits and limitations for low-income children and
 42    working-age adults with no special health needs include:
 43        (a)  All services described in subsection (5) of this section;
 44        (b)  Early and periodic screening, diagnosis and  treatment  services  for
 45        individuals  under  age twenty-one (21) years, and treatment of conditions
 46        found; and
 47        (c)  Cost-sharing required of participants. Participants in the low-income
 48        children and working-age adult group are subject to the following  premium
 49        payments, as stated in department rules:
 50             (i)  Participants  with family incomes equal to or less than one hun-
 51             dred thirty-three percent (133%) of the federal poverty guideline are
 52             not required to pay premiums; and
 53             (ii) Participants with family incomes above one hundred  thirty-three
                                                                        
                                       6
                                                                        
  1             percent  (133%)  of the federal poverty guideline will be required to
  2             pay premiums in accordance with department rule.
  3        (3)  Specific health benefits for persons  with  disabilities  or  special
  4    health needs include:
  5        (a)  All services described in subsection (5) of this section;
  6        (b)  Early  and  periodic  screening, diagnosis and treatment services for
  7        individuals under age twenty-one (21) years, and treatment  of  conditions
  8        found;
  9        (c)  Case  management  services  as  defined in accordance with subsection
 10        1905(a)(19) or section 1915(g) of the social security act; and
 11        (d)  Mental health services, including:
 12             (i)   Inpatient psychiatric facility services whether in a  hospital,
 13             or for persons under age twenty-two (22) years in a freestanding psy-
 14             chiatric  facility,  as  permitted by federal law, in excess of those
 15             limits in department rules on inpatient psychiatric facility services
 16             provided under subsection (5) of this section;
 17             (ii)  Outpatient mental health services in excess of those limits  in
 18             department  rules on outpatient mental health services provided under
 19             subsection (5) of this section;  and
 20             (iii) Psychosocial rehabilitation for reduction of mental  disability
 21             for children under the age of eighteen (18) years with a serious emo-
 22             tional  disturbance  (SED) and for severely and persistently mentally
 23             ill adults, aged eighteen (18) years or older, with severe  and  per-
 24             sistent mental illness;
 25        (e)  Long-term care services, including:
 26             (i)   Nursing  facility  services, other than services in an institu-
 27             tion for mental diseases, subject to participant cost-sharing;
 28             (ii)  Home-based and community-based  services,  subject  to  federal
 29             approval,  provided to individuals who require nursing facility level
 30             of care who, without home-based and community-based  services,  would
 31             require  institutionalization.  These services will include community
 32             supports, including an  option  for  self-determination,  which  will
 33             enable  individuals to have greater freedom to manage their own care;
 34             and
 35             (iii) Personal care services in a participant's home,  prescribed  in
 36             accordance  with a plan of treatment and provided by a qualified per-
 37             son under supervision of a registered nurse;
 38        (f)  Services for persons with developmental disabilities, including:
 39             (i)   Intermediate care facility services, other than  such  services
 40             in  an  institution  for  mental  diseases, for persons determined in
 41             accordance with section 1902(a)(31) of the social security act to  be
 42             in  need  of  such care, including such services in a public institu-
 43             tion, or distinct part thereof, for the mentally retarded or  persons
 44             with related conditions;
 45             (ii)  Home-based  and  community-based  services,  subject to federal
 46             approval, provided to individuals who require  an  intermediate  care
 47             facility  for the mentally retarded (ICF/MR) level of care who, with-
 48             out home-based and community-based services, would  require  institu-
 49             tionalization.   These  services  will  include  community  supports,
 50             including an option for self-determination, which will  enable  indi-
 51             viduals to have greater freedom to manage their own care; and
 52             (iii) Developmental  services. The department shall pay for rehabili-
 53             tative services, including medical or remedial services provided by a
 54             facility that has entered into a provider agreement with the  depart-
 55             ment  and  is certified as a developmental disabilities agency by the
                                                                        
                                       7
                                                                        
  1             department;
  2        (g)  Home health services, including:
  3             (i)   Intermittent or part-time nursing services provided by  a  home
  4             health  agency  or  by  a registered nurse when no home health agency
  5             exists in the area;
  6             (ii)  Home health aide services provided by a home health agency; and
  7             (iii) Physical therapy, occupational therapy or speech pathology  and
  8             audiology  services provided by a home health agency or medical reha-
  9             bilitation facility;
 10        (h)  Hospice care in accordance with section 1905(o) of the  social  secu-
 11        rity act;
 12        (i)  Specialized medical equipment and supplies; and
 13        (j)  Medicare cost-sharing, including:
 14             (i)   Medicare  cost-sharing  for  qualified  medicare  beneficiaries
 15             described in section 1905(p) of the social security act;
 16             (ii)  Medicare  part  A  premiums  for qualified disabled and working
 17             individuals described in section  1902(a)(10)(E)(ii)  of  the  social
 18             security act;
 19             (iii) Medicare part B premiums for specified low-income medicare ben-
 20             eficiaries  described  in  section  1902(a)(10)(E)(iii) of the social
 21             security act; and
 22             (iv)  Medicare part B premiums for qualifying  individuals  described
 23             in  section  1902(a)(10)(E)(iv)  and  subject  to section 1933 of the
 24             social security act.
 25        (4)  Specific health benefits for  elders  persons  over  twenty-one  (21)
 26    years of age who have medicare and medicaid coverage include:
 27        (a)  All  services described in subsection (5) of this section, other than
 28        if provided under the federal medicare program;
 29        (b)  All services described in subsection (3) of this section, other  than
 30        if provided under the federal medicare program; and
 31        (c)  Other services that supplement medicare coverage.
 32        (5)  Benefits  for  all medicaid participants, unless specifically limited
 33    in subsection (2), (3) or (4) of this section include the following:
 34        (a)  Health care coverage including, but not limited to,  basic  inpatient
 35        and outpatient medical services, and including:
 36             (i)    Physicians'  services,  whether  furnished  in the office, the
 37             patient's home, a hospital, a nursing facility or elsewhere;
 38             (ii)   Services provided by a physician or other licensed  practitio-
 39             ner  to  prevent  disease,  disability and other health conditions or
 40             their progressions, to prolong life, or to promote physical or mental
 41             health; and
 42             (iii)  Hospital care, including:
 43                  1.  Inpatient hospital services other than those  services  pro-
 44                  vided in an institution for mental diseases;
 45                  2.  Outpatient hospital services; and
 46                  3.  Emergency hospital services;
 47             (iv)   Laboratory and x-ray services;
 48             (v)    Prescribed drugs;
 49             (vi)   Family  planning  services  and  supplies  for  individuals of
 50             child-bearing age;
 51             (vii)  Certified pediatric or family nurse practitioners' services;
 52             (viii) Emergency medical transportation;
 53             (ix)   Mental health services, including:
 54                  1.  Outpatient mental  health  services  that  are  appropriate,
 55                  within limits stated in department rules; and
                                                                        
                                       8
                                                                        
  1                  2.  Inpatient psychiatric facility services within limits stated
  2                  in department rules;
  3             (x)    Medical  supplies,  equipment, and appliances suitable for use
  4             in the home; and
  5             (xi)   Physical therapy and related services;
  6        (b)  Primary care case management;
  7        (c)  Dental services, and medical and surgical  services  furnished  by  a
  8        dentist  in  accordance  with section 1905(a)(5)(B) of the social security
  9        act;
 10        (d)  Medical care and any other type of  remedial  care  recognized  under
 11        Idaho  law,  furnished by licensed practitioners within the scope of their
 12        practice as defined by Idaho law, including:
 13             (i)   Podiatrists' services;
 14             (ii)  Optometrists' services;
 15             (iii) Chiropractors' services; and
 16             (iv)  Other practitioners' services, in  accordance  with  department
 17             rules;
 18        (e)  Services for individuals with speech, hearing and language disorders,
 19        provided  by  or under the supervision of a speech pathologist or audiolo-
 20        gist;
 21        (f)  Eyeglasses prescribed by a physician skilled in diseases of  the  eye
 22        or by an optometrist;
 23        (g)  Services provided by essential providers, including:
 24             (i)   Rural health clinic services and other ambulatory services fur-
 25             nished by a rural health clinic in accordance with section 1905(l)(1)
 26             of the social security act;
 27             (ii)  Federally  qualified  health  center  (FQHC) services and other
 28             ambulatory services that are covered under the plan and furnished  by
 29             an  FQHC in accordance with section 1905(l)(2) of the social security
 30             act;
 31             (iii) Indian health services; and
 32             (iv)  District health departments; and
 33             (v)   The family medicine residency of Idaho and the Idaho state uni-
 34             versity family medicine residency;
 35        (h)  Any other medical care and any other type of remedial care recognized
 36        under state law, specified by the secretary of the federal  department  of
 37        health and human services;
 38        (i)  Nonemergency medical transportation; and
 39        (j)  Physician,   hospital  or  other  services  deemed  experimental  are
 40        excluded from coverage. The director may allow coverage of  procedures  or
 41        services  deemed  investigational  if  the  procedures  or services are as
 42        cost-effective as traditional, standard treatments.
                                                                        
 43        SECTION 6.  That Section 56-256, Idaho Code, be, and the  same  is  hereby
 44    amended to read as follows:
                                                                        
 45        56-256.  PERSONAL  PREVENTIVE  HEALTH ACCOUNTS ASSISTANCE. (1) The depart-
 46    ment of health and welfare may establish a personal preventive health  account
 47    assistance  benefits  available  to a medicaid participant in order to provide
 48    incentives to promote healthy behavior and responsible use of health care ser-
 49    vices.
 50        (2)  Each personal health account shall be funded by a base amount  deter-
 51    mined  by  department  rule.  Amounts  may  be added to the account Preventive
 52    health assistance benefits are available when the  participant  complies  with
 53    recommended  preventive  care  and  demonstrates healthy behaviors or conducts
                                                                        
                                       9
                                                                        
  1    other activities as specified in department rule. Funds in a  personal  health
  2    account  are  not  the personal property of the participant, but represent the
  3    value of benefits available for use by  the  participant  while  eligible.  If
  4    funds  remain  in a personal health account when a participant terminates par-
  5    ticipation, such unexpended funds revert to the state Preventive health assis-
  6    tance  benefits  are  only  available  during  a   participant's   period   of
  7    eligibility.
  8        (3)  The  uses  of funds in personal preventive health accounts assistance
  9    may include, but not be limited to, participant payments for preventive health
 10    products and services and participant cost-sharing payments  as  specified  in
 11    department rule.
 12        (4)  Copayments  for services and delinquent premium payments may be auto-
 13    matically deducted from personal health account funds by the department,  sub-
 14    ject  to notice and opportunity for hearing Preventive health assistance bene-
 15    fits may be used to cover delinquent cost-sharing  obligations  when  partici-
 16    pants  have  complied with recommended preventive care as described in depart-
 17    ment rule.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16950

This proposal amends Chapter 2, Title 56, Idaho Code, by updating
terms and references consistent with the Deficit Reduction Act of
2005 and the federal government's approval of Idaho's Medicaid
state plan amendments to modernize its program.  

The amendments also specifically identify the Idaho Residency
Programs as essential Medicaid providers.  These providers were
unintentionally left out of the statute even though they have
been Medicaid providers for decades.  


                           FISCAL NOTE

There is no fiscal impact associated with these changes.  The
amendments align state statute with federal law and the newly
identified providers are existing providers in the program. 


Contact
Name: Rep. Block
Phone: 208 332-1000
Russ Newcomb, M.D.



STATEMENT OF PURPOSE/FISCAL NOTE                         H 168