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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 - 2007IN 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 for17the 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