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S1103.................................................by HEALTH AND WELFARE
PUBLIC ASSISTANCE - Amends existing law relating to public assistance law
to reference a transfer of assets specifically permitted by department
rule; to delete language referencing a transfer between spouses or to
another for the benefit of a spouse.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Health/Wel
02/16 Rpt out - rec d/p - to 2nd rdg
02/19 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 - Bair
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 3rd rdg - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, 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)
NAYS -- None
Absent and excused -- Bell, Chavez, Harwood, Moyle, Roberts, Mr.
Speaker
Floor Sponsor - Rusche
Title apvd - to Senate
03/20 To enrol
03/21 Rpt enrol - Pres signed - Sp signed
03/22 To Governor
03/28 Governor signed
Session Law Chapter 248
Effective: 01/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1103
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC ASSISTANCE LAW; AMENDING SECTION 56-214, IDAHO CODE, TO
3 REFERENCE A TRANSFER OF ASSETS SPECIFICALLY PERMITTED BY DEPARTMENT RULE
4 AND TO DELETE LANGUAGE REFERENCING A TRANSFER BETWEEN SPOUSES OR TO
5 ANOTHER FOR THE BENEFIT OF A SPOUSE; 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 56-214, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 56-214. AWARD OF PUBLIC ASSISTANCE -- INELIGIBILITY UPON TRANSFER OF
11 PROPERTY. Upon the completion of the investigation, the state department shall
12 determine whether the applicant is eligible for public assistance under the
13 provisions of this act, the type and amount of public assistance he shall
14 receive, and the date upon which such public assistance shall begin. Public
15 assistance shall be paid in the manner prescribed by the state department.
16 (1) Assistance to families with children shall not be granted under this
17 act to any person who within six (6) months prior to applying for or at any
18 time during which such assistance is received, has either made an assignment
19 or transfer of property for the purpose of rendering himself eligible for
20 assistance under this act, or who has divested himself of any interest in
21 property without adequate consideration which interest or proceeds therefrom
22 could reasonably be expected to contribute to the support and maintenance of
23 such person and his family, except that any person who is ineligible for pub-
24 lic assistance due solely to such assignment or transfer shall become eligible
25 provided:
26 (a) There is a showing that such person has caused such property to be
27 assigned or transferred back to him; or
28 (b) There is a showing that the person to whom such property is assigned
29 or transferred has, subsequent to such assignment or transfer, met subsis-
30 tence and medical care costs exclusive of any obligation for support, of
31 such person or family, according to the department's assistance standard,
32 equal to, or in excess of, the market value of the property so assigned or
33 transferred; or
34 (c) There is a showing that the subsistence and medical care costs of
35 such person, according to the department's assistance standard, subsequent
36 to such assignment or transfer, equal or exceed the market value of the
37 property so assigned or transferred.
38 (2) Eligibility for old age assistance under section 56-207, Idaho Code,
39 or aid to the blind under section 56-208, Idaho Code, or aid to the disabled
40 under section 56-209a, Idaho Code, shall be determined by continuing to con-
41 sider as available any resource that was transferred prior to July 1, 1988,
42 until such resource is fully accounted for under the provisions of section
43 1613(c) of the social security act as such section read on June 30, 1988.
2
1 (3) Eligibility for medical assistance under section 56-209b, Idaho Code,
2 shall continue to apply the rules of the director of the department of health
3 and welfare concerning transfer of property as such rules read on October 29,
4 1988, to transfers that occur prior to July 1, 1989, to persons other than to
5 the spouse of the person receiving or applying for medical assistance, and to
6 interspousal transfers that occur prior to October 1, 1989.
7 (4) The provisions of section 1917(c) of the social security act as
8 amended by public law 100-360 and further amended by public law 100-485 and as
9 hereafter amended shall apply as of July 1, 1989, to transfers of assets other
10 than to the spouse, and as of October 1, 1989, to transfers between spouses,
11 except that such provisions shall not apply either to transfers that occurred
12 before July 1, 1988, or to transfers that have been fully accounted for under
13 subsection (3) of this section. Notwithstanding the foregoing, any transfer of
14 assets not otherwise specifically permitted by federal law or rule of the
15 department, whether or not for fair market value including, but not limited
16 to, a transfer in the form of an annuity, between spouses or to another for
17 the benefit of a spouse, is presumed to be for the purpose of sheltering
18 assets to qualify for medical assistance. Such assets transferred shall be
19 counted as available in determining eligibility, and will subject the appli-
20 cant to penalties prescribed by the director, unless the applicant for assis-
21 tance can demonstrate by clear and convincing evidence that the transfer was
22 intended for another purpose.
23 (5) Any funds, securities, accounts, contracts and all other property
24 held in or transferred to a special needs trust as provided in chapter 14,
25 title 68, Idaho Code, section 15-5-409, Idaho Code, and section 15-5-409a,
26 Idaho Code, shall not be considered by the state department in determining
27 whether the applicant is eligible for public assistance under the provisions
28 of this act, so long as the action is permitted under the provisions of sec-
29 tion 1917(c) and (d) of the social security act, as amended.
30 (6) If any provision of this section or the application thereof to any
31 person or circumstance is held invalid, such invalidity shall not affect other
32 provisions or applications of the section that can be given effect without the
33 invalid provisions or applications, and to this end the provisions of this
34 section are severable.
35 SECTION 2. An emergency existing therefor, which emergency is hereby
36 declared to exist, this act shall be in full force and effect on and after its
37 passage and approval, and retroactively to January 1, 2007.
STATEMENT OF PURPOSE
RS 16847
This bill brings Idaho law into compliance with federal Medicaid
law and especially with the provisions of the Deficit Reduction
Act, effective February 8, 2006, as specifically set forth in 42
U.S.C. 1396pp(c)(F) and (G), and therefore will allow Medicaid to
promulgate regulations which are in compliance with the federal
law. This area will be the subject of continued negotiated rule
making.
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 1103