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S1158......................................................by STATE AFFAIRS
MEDICAL CARE - NON-U.S. CITIZENS - Amends existing law relating to care for
the medically indigent to establish liability of certain employers for
providing certain medically necessary health care for persons who are not
United States citizens.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1158
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO CARE FOR THE MEDICALLY INDIGENT; AMENDING SECTION 31-3510A, IDAHO
3 CODE, TO ESTABLISH LIABILITY OF CERTAIN EMPLOYERS OF NON-UNITED STATES
4 CITIZENS AND TO MAKE A TECHNICAL CORRECTION.
5 Be It Enacted by the Legislature of the State of Idaho:
6
7 SECTION 1. That Section 31-3510A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 31-3510A. REIMBURSEMENT. (1) Receipt of financial assistance pursuant to
10 this chapter shall obligate an applicant to reimburse the county from which
11 assistance is received and the catastrophic health care costs program for such
12 reasonable portion of the financial assistance paid on behalf of the applicant
13 as the board may determine that the applicant is able to pay from resources
14 over a reasonable period of time. Cash amounts received shall be prorated
15 between the county and the state in proportion to the amount each has paid.
16 (2) A final determination shall not relieve the applicant's duty to make
17 additional reimbursement from resources if the board subsequently finds within
18 a reasonable period of time that there has been a substantial change in cir-
19 cumstances such that the applicant is able to pay additional amounts up to the
20 total claim paid on behalf of the applicant.
21 (3) A final determination shall not prohibit the board from reviewing a
22 petition from an applicant to reduce an order of reimbursement based on a sub-
23 stantial change in circumstances.
24 (4) The automatic lien created pursuant to the this chapter may be filed
25 and recorded in any county of this state wherein the applicant has resources
26 and may be liquidated or unliquidated in amount. Nothing herein shall prohibit
27 an applicant from executing a consensual lien in addition to the automatic
28 lien created by filing an application pursuant to this chapter. In the event
29 that resources can be located in another state, the clerk may file the lien
30 with the district court and provide notice to the recipient. The recipient
31 shall have twenty (20) days to object, following which the district court
32 shall enter judgment against the recipient. The judgment entered may thereaf-
33 ter be filed as provided for the filing of a foreign judgment in that juris-
34 diction.
35 (5) The county shall have the same right of recovery as provided to the
36 state of Idaho pursuant to sections 56-218 and 56-218A, Idaho Code.
37 (6) The board may require the employment of such of the medically indi-
38 gent as are capable and able to work and whose attending physician certifies
39 they are capable of working.
40 (7) Moneys received by a county as reimbursement shall be credited to the
41 county indigent fund and need not be budgeted or appropriated in the manner
42 required by chapter 16, title 31, Idaho Code, but shall be available for
43 expenditure at any time for the purposes of the county indigent fund.
44 (8) If, after a hearing, the final determination of the board is to
2
1 require a reimbursement amount or rate the applicant believes excessive, the
2 applicant may seek judicial review of the final determination of the board in
3 the manner provided in section 31-1506, Idaho Code.
4 (9) An employer who employs a person who is not a citizen of the United
5 States, where the employer knows that such person may not legally work in the
6 United States, shall be responsible for the cost of providing medically neces-
7 sary health care for that person for all occupational injuries and occupa-
8 tional diseases that arise out of the course and scope of that person's
9 employment with the employer. A cause of action for reimbursement of any such
10 medical expenses, including costs and reasonable attorney's fees, shall accrue
11 against any such employer to any county or health care provider or facility
12 that provides such health care to the employee. Any employer who relies upon
13 information obtained through the federal "Systematic Alien Verification for
14 Entitlements (SAVE) Program" or who, in good faith, relies upon documentation
15 establishing the legal status of such person where the documentation appears
16 on its face to be authentic, shall not be subject to the provisions of this
17 subsection.
STATEMENT OF PURPOSE
RS 16795C1
This legislation makes an employer who employs a person who is not
a citizen of the United States, and is aware that such person may
not legally work in the United States, responsible for the cost of
providing medically necessary health care for that person for all
occupational injuries and diseases that arise out of the course and
scope of that person's employment with the employer.
FISCAL NOTE
No fiscal impact to the State.
Contact
Name: Rep. Mike Moyle
Phone: 332-1000
Sen. Mike Jorgenson
Sen. John McGee
STATEMENT OF PURPOSE/FISCAL NOTE S 1158