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S1170................................................by JUDICIARY AND RULES
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; and to revise
notice requirements.
02/22 Senate intro - 1st rdg - to printing
02/23 Rpt prt - to Health/Wel
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Hammond
Title apvd - to House
03/06 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 - 65-0-5
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, 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, Harwood, Moyle, Roberts, Mr. Speaker
Floor Sponsor - Black
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 253
Effective: 01/01/07 Sections 1 & 2;
07/01/07 Section 3
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1170
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE LONG-TERM CARE PARTNERSHIP PROGRAM; AMENDING SECTION 56-1302,
3 IDAHO CODE, TO REVISE A DEFINITION; AMENDING SECTION 56-1303, IDAHO CODE,
4 TO PROHIBIT THE CONSIDERATION OF CERTAIN RESOURCES OF INDIVIDUALS WHO HAVE
5 RECEIVED OR ARE ENTITLED TO RECEIVE BENEFITS UNDER A LONG-TERM CARE PART-
6 NERSHIP PROGRAM POLICY; AMENDING SECTION 56-1306, IDAHO CODE, TO REVISE
7 NOTICE REQUIREMENTS; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE
8 APPLICATION AND EFFECTIVE DATES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 56-1302, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 56-1302. DEFINITIONS. The following words and phrases when used in this
13 chapter have the meanings given to them unless the context clearly indicates
14 otherwise:
15 (1) "Asset disregard" means the total assets an individual owns and may
16 retain under medicaid and still qualify for benefits at the time the individ-
17 ual applies for benefits:
18 (a) Iif the individual is a beneficiary of a long-term care partnership
19 program approved policy.; and
20 (b) Has exhausted the benefits of the policy.
21 (2) "Department" means the department of health and welfare.
22 (3) "Long-term care partnership program approved policy" means a long-
23 term care insurance policy which is approved by the department of insurance
24 and is provided through state approved long-term care insurers through the
25 Idaho long-term care partnership program.
26 (4) "Medicaid" means the federal medical assistance program established
27 under title XIX of the social security act.
28 SECTION 2. That Section 56-1303, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 56-1303. LONG-TERM CARE PARTNERSHIP PROGRAM. (1) Upon the repeal of
31 restrictions to asset protection contained in the omnibus budget reconcilia-
32 tion act of 1993 (public law 103-66, 107 Stat. 312), there shall be estab-
33 lished the Idaho long-term care partnership program, to be administered by the
34 department with the assistance of the department of insurance to do the fol-
35 lowing:
36 (a) Provide incentives for individuals to insure against the costs of
37 providing for their long-term care needs;
38 (b) Provide a mechanism for individuals to qualify for coverage of the
39 cost of their long-term care needs under medicaid without first being
40 required to substantially exhaust their resources;
41 (c) Provide counseling services to individuals planning for their long-
2
1 term care needs; and
2 (d) Alleviate the financial burden on the state's medical assistance pro-
3 gram by encouraging the pursuit of private initiatives.
4 (2) Upon exhausting In the case of an individual who has received or is
5 entitled to receive benefits under a long-term care partnership program pol-
6 icy, certain resources of an that individual, as described in subsection (3)
7 of this section, shall not be considered by the department as a determination
8 of any of the following:
9 (a) Eligibility for medicaid;
10 (b) Amount of any medicaid payment; or
11 (c) Any subsequent recovery by the state of a payment for medical ser-
12 vices.
13 (3) The department shall promulgate necessary rules and amendments to the
14 state plan to allow for asset disregard. To provide asset disregard, for pur-
15 chasers of a long-term care partnership program policy, the department shall
16 count insurance benefits paid under the policy toward asset disregard to the
17 extent the payments are for covered services under the long-term care partner-
18 ship program policy.
19 SECTION 3. That Section 56-1306, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 56-1306. NOTICE REQUIREMENT. (1) A long-term care insurance policy issued
22 after the effective date of this chapter shall contain a notice provision to
23 the consumer detailing in plain language the current law pertaining to asset
24 disregard and asset tests An insurer issuing or marketing policies that qual-
25 ify as partnership policies shall explain the benefits associated with a part-
26 nership policy by providing an asset disregard notice indicating that at the
27 time of issue the coverage is an approved long-term care partnership policy.
28 This asset disregard notice shall be provided to the policyholder or certifi-
29 cate holder no later than the time of policy or certificate delivery. This
30 asset disregard notice shall also provide disclosure that the partnership sta-
31 tus may be lost if the insured moves to a different state or modifies the cov-
32 erage after issue, or if changes in federal or state laws occur.
33 (2) The notice to the consumer under subsection (1) of this section shall
34 be developed by the director of the department of insurance.
35 SECTION 4. An emergency existing therefor, which emergency is hereby
36 declared to exist, Sections 1 and 2 of this act shall be in full force and
37 effect on and after its passage and approval, and retroactively to January 1,
38 2007. Section 3 of this act shall be in full force and effect on and after
39 July 1, 2007.
STATEMENT OF PURPOSE
RS 17071
The purpose of this bill is to address recent changes in federal
law applicable to the Long-term Care Partnership Program. The
Federal Deficit Resolution Act of 2006 modified federal law
regarding exhaustion of assets and recovery of assets in the
Medicaid program for persons who purchase and receive benefits
from long-term care partnership policies. This legislation
modifies existing Idaho statutes to be consistent with the 2006
changes in federal law for the Long-term Partnership Program.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Steven J. Tobiason, America's Health Insurance Plans
Phone: 342-4545
Name: Robert L. Aldridge, Trust & Estates Professionals of Idaho, Inc.
Phone: 336-9880
STATEMENT OF PURPOSE/FISCAL NOTE S 1170