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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
]]]] 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
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