2007 Legislation
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SENATE BILL NO. 1102 – Long-term care partnership program

SENATE BILL NO. 1102

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Bill Status



S1102.................................................by HEALTH AND WELFARE
LONG-TERM CARE PARTNERSHIP PROGRAM - Amends existing law relating to the
long-term care partnership program to prohibit the consideration of certain
resources of individuals who have received or are entitled to receive
benefits under a long-term care partnership program policy.
                                                                        
02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Health/Wel
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 32-0-3
      AYES -- Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner,
      Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Lodge, Malepeai,
      McGee, McKague, McKenzie, Richardson, Schroeder, Siddoway, Stegner,
      Stennett, Werk
      NAYS -- None
      Absent and excused -- Andreason, Little, Pearce
    Floor Sponsor - Hammond
    Title apvd - to House
02/23    House intro - 1st rdg - to Health/Wel
03/09    Rpt out - ref'd to St Aff
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/19    Ret'd to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1102
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE LONG-TERM CARE PARTNERSHIP PROGRAM; AMENDING SECTION  56-1303,
  3        IDAHO CODE, TO PROHIBIT THE CONSIDERATION OF CERTAIN RESOURCES OF INDIVID-
  4        UALS  WHO  HAVE RECEIVED OR ARE ENTITLED TO RECEIVE BENEFITS UNDER A LONG-
  5        TERM CARE PARTNERSHIP PROGRAM POLICY; DECLARING AN EMERGENCY AND PROVIDING
  6        RETROACTIVE APPLICATION.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 56-1303, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        56-1303.  LONG-TERM  CARE  PARTNERSHIP  PROGRAM.  (1)  Upon  the repeal of
 11    restrictions to asset protection contained in the omnibus  budget  reconcilia-
 12    tion  act  of  1993  (public law 103-66, 107 Stat. 312), there shall be estab-
 13    lished the Idaho long-term care partnership program, to be administered by the
 14    department with the assistance of the department of insurance to do  the  fol-
 15    lowing:
 16        (a)  Provide  incentives  for  individuals  to insure against the costs of
 17        providing for their long-term care needs;
 18        (b)  Provide a mechanism for individuals to qualify for  coverage  of  the
 19        cost  of  their  long-term  care  needs under medicaid without first being
 20        required to substantially exhaust their resources;
 21        (c)  Provide counseling services to individuals planning for  their  long-
 22        term care needs; and
 23        (d)  Alleviate the financial burden on the state's medical assistance pro-
 24        gram by encouraging the pursuit of private initiatives.
 25        (2)  Upon  exhausting  In the case of an individual who has received or is
 26    entitled to receive benefits under a long-term care partnership  program  pol-
 27    icy,  certain  resources of an that individual, as described in subsection (3)
 28    of this section, shall not be considered by the department as a  determination
 29    of any of the following:
 30        (a)  Eligibility for medicaid;
 31        (b)  Amount of any medicaid payment; or
 32        (c)  Any  subsequent  recovery  by the state of a payment for medical ser-
 33        vices.
 34        (3)  The department shall promulgate necessary rules and amendments to the
 35    state plan to allow for asset disregard. To provide asset disregard, for  pur-
 36    chasers  of  a long-term care partnership program policy, the department shall
 37    count insurance benefits paid under the policy toward asset disregard  to  the
 38    extent the payments are for covered services under the long-term care partner-
 39    ship program policy.
                                                                        
 40        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 41    declared to exist, this act shall be in full force and effect on and after its
 42    passage and approval, and retroactively to January 1, 2007.

Statement of Purpose / Fiscal Impact


                           STATEMENT OF PURPOSE

                                 RS: 16846

This bill brings Idaho law into compliance with 42 U.S.C.
1396p(b)(1)(C), which provides:

     (C)(i) In the case of an individual who has received (or is
     entitled to receive) benefits under a long-term care
     insurance policy in connection with which assets or
     resources are disregarded in the manner described in clause
     (ii), except as provided in such clause, the State shall
     seek adjustment or recovery from the individual's estate on
     account of medical assistance paid on behalf of the
     individual for nursing facility and other long-term care
     services.
     (ii) Clause (i) shall not apply in the case of an individual
     who received medical assistance under a State plan of a
     State which had a State plan amendment approved as of May
     14, 1993, which provided for the disregard of any assets or
     resources 
          (I) to the extent that payments are made under a long-
          term care insurance policy; or
          (II) because an individual has received (or is entitled
          to receive) benefits under a long-term care insurance
          policy.

This further allows Medicaid rules promulgated by the Idaho
Department of Health & Welfare to be in compliance with the
Deficit Reduction Act, effective February 8, 2006.

                                     

                          FISCAL NOTE

This bill will have no fiscal impact.



CONTACT:
Name: Robert L. Aldridge, Trust & Estate Professionals of
      Idaho, Inc.
Telephone: office: (208) 336-9880  Cell: (208) 631-2481
         

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1102