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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 - 2007IN 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 exhaustingIn 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 ofanthat 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