TITLE 31

COUNTIES AND COUNTY LAW

CHAPTER 35

HOSPITALS FOR INDIGENT SICK

31-3503.  Reimbursement. (1) An approved application for financial assistance for services received through March 31, 2022, shall obligate an applicant to reimburse the obligated county and the state for such reasonable portion of the financial assistance paid on behalf of the applicant as the county commissioners may determine that the applicant is able to pay from resources over a reasonable period of time. Cash amounts received shall be prorated between the county and the state in proportion to the amount each has paid. Moneys distributed to the state shall be deposited into the state general fund.

(2)  A final determination shall not relieve the applicant’s duty to make additional reimbursement from resources if the county commissioners subsequently find within a reasonable period of time that there has been a substantial change in circumstances such that the applicant is able to pay additional amounts up to the total claim paid on behalf of the applicant.

(3)  A final determination shall not prohibit the county commissioners from reviewing a petition from an applicant to reduce an order of reimbursement based on a substantial change in circumstances.

(4)  The automatic lien created pursuant to the chapter may be filed and recorded in any county of this state wherein the applicant has resources and may be liquidated or unliquidated in amount. Nothing herein shall prohibit an applicant from executing a consensual lien in addition to the automatic lien created by filing an application pursuant to this chapter. In the event that resources can be located in another state, the clerk may file the lien with the district court and provide notice to the recipient. The recipient shall have twenty (20) days to object, following which the district court shall enter judgment against the recipient. The judgment entered may thereafter be filed as provided for the filing of a foreign judgment in that jurisdiction.

(5)  The county shall have the same right of recovery as provided to the state of Idaho pursuant to sections 56-218 and 56-218A, Idaho Code.

(6)  The county commissioners may require the employment of such of the medically indigent as are capable and able to work and whose attending physician certifies they are capable of working.

(7)  That portion of the moneys received by a county as reimbursement that are not assigned to the state shall be credited to the respective county current expense fund.

(8)  The automatic lien attached to an application for services received through March 31, 2022, pursuant to this chapter as it existed on March 1, 2022, shall continue to be valid for the purposes of collecting reimbursement pursuant to this section.

(9)  Upon receipt of a settlement application, the county commissioners may negotiate and settle a case for financial assistance paid, which includes full lien release, on behalf of the state.

History:

[(31-3503) 31-3510A, added 1983, ch. 215, sec. 4, p. 597; repealed 1990, ch. 87, sec. 1, p. 178; reinstated 1991, ch. 233, sec. 1, p. 553; am. 1996, ch. 410, sec. 21, p. 1369; am. 2008, ch. 189, sec. 2, p. 594; am. 2010, ch. 273, sec. 20, p. 704; am. 2011, ch. 291, sec. 20, p. 808; am. and redesig. 2022, ch. 318, sec. 31, p. 1020; am. 2023, ch. 32, sec. 3, p. 162.]