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LEGISLATURE OF THE STATE OF IDAHO
Sixty-fifth Legislature
Second Regular Session - 2020
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 533
BY HEALTH AND WELFARE COMMITTEE
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AN ACT
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RELATING TO MEDICAL AND INDIGENT ASSISTANCE; AMENDING SECTION 31-3502,
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IDAHO CODE, TO REVISE A DEFINITION; REPEALING SECTION 31-3503D, IDAHO
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LIZATION MANAGEMENT PROGRAM AND THIRD PARTY RECOVERY SYSTEM; AMENDING
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CHAPTER 35, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
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TANCE; AMENDING CHAPTER 35, TITLE 31, IDAHO CODE, BY THE ADDITION OF A
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NEW SECTION 31-3519A, IDAHO CODE, TO PROVIDE FOR THE SUSPENSION OF THE
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CATASTROPHIC HEALTH CARE COST PROGRAM; AMENDING SECTION 20-605, IDAHO
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CODE, TO REMOVE A PROVISION REGARDING REIMBURSEMENT FOR MEDICAL CARE
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FOR INMATES; AMENDING SECTION 20-612, IDAHO CODE, TO REMOVE A PROVISION
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REGARDING REIMBURSEMENT FOR MEDICAL CARE FOR INMATES; AMENDING SECTION
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31-863, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE LEVY FOR CHARI-
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TIES FUND; AMENDING SECTION 31-3302, IDAHO CODE, TO REVISE PROVISIONS
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REGARDING REIMBURSEMENT FOR MEDICAL CARE FOR INMATES; AMENDING SECTION
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31-3401, IDAHO CODE, TO REVISE PROVISIONS REGARDING CERTAIN POWERS TO
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IMPOSE A LEVY; AMENDING THE HEADING FOR CHAPTER 35, TITLE 31, IDAHO
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CODE; REPEALING SECTION 31-3501, IDAHO CODE, RELATING TO A DECLARATION
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OF POLICY; REPEALING SECTION 31-3502, IDAHO CODE, RELATING TO DEFI-
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NITIONS; AMENDING SECTION 31-3503, IDAHO CODE, TO REVISE PROVISIONS
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31-3503A, IDAHO CODE, TO REVISE PROVISIONS REGARDING POWERS AND DUTIES
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OF THE BOARD OF THE CATASTROPHIC HEALTH CARE COST PROGRAM; REPEALING
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SECTION 31-3503C, IDAHO CODE, RELATING TO THE POWERS AND DUTIES OF THE
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DEPARTMENT OF HEALTH AND WELFARE; REPEALING SECTION 31-3503E, IDAHO
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CODE, RELATING TO MEDICAID ELIGIBILITY DETERMINATION; REPEALING SEC-
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TION 31-3503F, IDAHO CODE, RELATING TO PATIENT MEDICAL HOMES; REPEALING
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SECTION 31-3504, IDAHO CODE, RELATING TO AN APPLICATION FOR FINANCIAL
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ASSISTANCE; REPEALING SECTION 31-3505, IDAHO CODE, RELATING TO THE TIME
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AND MANNER OF FILING APPLICATIONS FOR FINANCIAL ASSISTANCE; REPEALING
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SECTION 31-3505A, IDAHO CODE, RELATING TO INVESTIGATION OF AN APPLI-
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CATION FOR FINANCIAL ASSISTANCE; REPEALING SECTION 31-3505B, IDAHO
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CODE, RELATING TO APPROVAL OF AN APPLICATION FOR FINANCIAL ASSISTANCE;
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REPEALING SECTION 31-3505C, IDAHO CODE, RELATING TO AN INITIAL DECI-
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CODE, RELATING TO AN APPEAL OF INITIAL DETERMINATION DENYING AN APPLI-
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CATION; REPEALING SECTION 31-3505E, IDAHO CODE, RELATING TO HEARING ON
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APPEAL; REPEALING SECTION 31-3505F, IDAHO CODE, RELATING TO ARBITRA-
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TION; REPEALING SECTION 31-3505G, IDAHO CODE, RELATING TO A PETITION
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FOR JUDICIAL REVIEW; REPEALING SECTION 31-3506, IDAHO CODE, RELATING
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ING TO THE TRANSFER OF A MEDICALLY INDIGENT PATIENT; REPEALING SECTION
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31-3508, IDAHO CODE, RELATING TO LIMITATIONS ON PAYMENTS FOR NECESSARY
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MEDICAL SERVICES; REPEALING SECTION 31-3508A, IDAHO CODE, RELATING TO
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ING SECTION 31-3510, IDAHO CODE, RELATING TO A RIGHT OF SUBROGATION;
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AMENDING SECTION 31-3510A, IDAHO CODE, TO REMOVE PROVISIONS REGARDING
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REIMBURSEMENT AND TO MAKE A TECHNICAL CORRECTION; REPEALING SECTION
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31-3511, IDAHO CODE, RELATING TO VIOLATIONS AND PENALTIES; AMENDING
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SECTION 31-3514, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE AND TO
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MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 31-3516, IDAHO CODE, TO
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PROVIDE CORRECT TERMINOLOGY; REPEALING SECTION 31-3518, IDAHO CODE,
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RELATING TO ADMINISTRATIVE RESPONSIBILITY; AMENDING SECTION 31-3519,
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IDAHO CODE, TO REMOVE PROVISIONS REGARDING APPROVAL BY THE BOARD OF
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THE CATASTROPHIC HEALTH CARE COST PROGRAM AND TO MAKE A TECHNICAL COR-
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RECTION; REPEALING SECTION 31-3520, IDAHO CODE, RELATING TO CONTRACTS
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FOR THE PROVISION OF NECESSARY MEDICAL SERVICES; REPEALING SECTION
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31-3521, IDAHO CODE, RELATING TO EMPLOYMENT OF PHYSICIANS AND OTHER
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PROVIDERS; REPEALING SECTION 31-3550, IDAHO CODE, RELATING TO A DECLA-
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RATION OF POLICY; REPEALING SECTION 31-3551, IDAHO CODE, RELATING TO AN
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ADVISORY PANEL; REPEALING SECTION 31-3552, IDAHO CODE, RELATING TO AP-
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POINTMENT OF AN ADVISORY PANEL; REPEALING SECTION 31-3553, IDAHO CODE,
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RELATING TO ADVISORY DECISIONS; REPEALING SECTION 31-3554, IDAHO CODE,
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RELATING TO TOLLING OF LIMITATION PERIODS; REPEALING SECTION 31-3555,
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IDAHO CODE, RELATING TO STAY OF COURT PROCEEDINGS; REPEALING SECTION
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31-3556, IDAHO CODE, RELATING TO EXPENSES FOR ADVISORY PANEL MEMBERS;
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REPEALING SECTION 31-3557, IDAHO CODE, RELATING TO FREQUENCY OF AND
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AGENDA FOR ADVISORY PANEL MEETINGS; REPEALING SECTION 31-3558, IDAHO
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CODE, RELATING TO NONDISCLOSURE OF PERSONAL IDENTIFYING INFORMATION;
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AMENDING SECTION 31-3607, IDAHO CODE, TO REMOVE CODE REFERENCES AND TO
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MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-673, IDAHO CODE, TO
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PROVIDE FOR THE APPORTIONMENT OF CERTAIN FINES TO THE MEDICAID EXPAN-
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SION FUND AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 56-209b,
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IDAHO CODE, TO ESTABLISH THE MEDICAID EXPANSION FUND AND THE MEDICAID
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STABILIZATION FUND AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SEC-
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TION 56-209f, IDAHO CODE, RELATING TO THE STATE FINANCIAL ASSISTANCE
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PROGRAM FOR MEDICALLY INDIGENT RESIDENTS; AMENDING CHAPTER 2, TITLE 56,
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MOVE A PROVISION REGARDING PROMPT PAYMENT FOR GOODS AND SERVICES AND
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GENCY; AND PROVIDING EFFECTIVE DATES.
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amended to read as follows:
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31-3502. DEFINITIONS. As used in this chapter, the terms defined in
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this section shall have the following meaning, unless the context clearly
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indicates another meaning:
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(1) "Applicant" means any person who is requesting financial assis-
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tance under this chapter.
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also mean an application for financial assistance.
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(3) "Board" means the board of the catastrophic health care cost pro-
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(4) "Case management" means coordination of services to help meet a pa-
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tient's health care needs, usually when the patient has a condition that re-
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quires multiple services.
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(5) "Catastrophic health care costs" means the cost of necessary medi-
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cal services received by a recipient that, when paid at the then existing re-
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imbursement rate, exceeds the total sum of eleven thousand dollars ($11,000)
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in the aggregate in any consecutive twelve (12) month period.
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(6) "Clerk" means the clerk of the respective counties or his or her de-
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signee.
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(7) "Completed application" shall include at a minimum the cover sheet
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requesting services, applicant information including diagnosis and re-
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quests for services and signatures, personal and financial information of
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the applicant and obligated person or persons, patient rights and responsi-
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bilities, releases and all other signatures required in the application.
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their respective counties.
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ity for the care of sick persons.
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(10) "Department" means the department of health and welfare.
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(11) "Dependent" means any person whom a taxpayer claims as a dependent
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(12) "Emergency service" means a service provided for a medical condi-
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tion in which sudden, serious and unexpected symptoms of illness or injury
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are sufficiently severe to necessitate or call for immediate medical care,
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including, but not limited to, severe pain, that the absence of immediate
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medical attention could reasonably be expected by a prudent person who pos-
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sesses an average knowledge of health and medicine, to result in:
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(a) Placing the patient's health in serious jeopardy;
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(b) Serious impairment to bodily functions; or
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(c) Serious dysfunction of any bodily organ or part.
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(13) "Hospital" means a facility licensed and regulated pursuant to
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excluding state institutions.
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(14) "Medicaid eligibility review" means the process used by the de-
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partment to determine whether a person meets the criteria for medicaid cov-
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erage.
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(15) "Medical claim" means the itemized statements and standard forms
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used by hospitals and providers to satisfy centers for medicare and medicaid
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services (CMS) claims submission requirements.
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(16) "Medical home" means a model of primary and preventive care deliv-
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ery in which the patient has a continuous relationship with a personal physi-
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cian in a physician directed medical practice that is whole person oriented
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and where care is integrated and coordinated.
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(17) "Medically indigent" means any person who is in need of necessary
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medical services and who, if an adult, together with his or her spouse, or
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whose parents or guardian if a minor or dependent, does not have income and
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other resources available to him from whatever source sufficient to pay for
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necessary medical services whose modified adjusted gross income does not ex-
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ceed one hundred thirty-three percent (133%) of the federal poverty level as
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care cost program, where appropriate, for all or a portion of their medical
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expenses, when investigation of their application pursuant to this chapter,
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determines their ability to do so.
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(18) A. "Necessary medical services" means health care services and
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supplies that:
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(a) Health care providers, exercising prudent clinical judgment,
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would provide to a person for the purpose of preventing, evalu-
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ating, diagnosing or treating an illness, injury, disease or its
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symptoms;
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(b) Are in accordance with generally accepted standards of medi-
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cal practice;
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(c) Are clinically appropriate, in terms of type, frequency, ex-
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tent, site and duration and are considered effective for the cov-
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ered person's illness, injury or disease;
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(d) Are not provided primarily for the convenience of the person,
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physician or other health care provider; and
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(e) Are the most cost-effective service or sequence of services or
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supplies, and at least as likely to produce equivalent therapeutic
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or diagnostic results for the person's illness, injury or disease.
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B. Necessary medical services shall not include the following:
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(a) Bone marrow transplants;
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(b) Organ transplants;
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(c) Elective, cosmetic and/or experimental procedures;
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(d) Services related to, or provided by, residential, skilled
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nursing, assisted living and/or shelter care facilities;
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(e) Normal, uncomplicated pregnancies, excluding caesarean sec-
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tion, and childbirth well-baby care;
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(f) Medicare copayments and deductibles;
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(g) Services provided by, or available to, an applicant from
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state, federal and local health programs;
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(h) Medicaid copayments and deductibles; and
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(i) Drugs, devices or procedures primarily utilized for weight
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reduction and complications directly related to such drugs, de-
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vices or procedures.
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sponsible for an applicant including, but not limited to, parents of minors
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or dependents.
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(20) "Primary and preventive health care" means the provision of pro-
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fessional health services that include health education and disease preven-
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tion, initial assessment of health problems, treatment of acute and chronic
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health problems and the overall management of an individual's health care
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services.
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(21) "Provider" means any person, firm or corporation certified or li-
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tion in another state, that provides necessary medical services to a patient
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requesting a medically indigent status determination or filing an applica-
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tion for financial assistance.
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(22) "Recipient" means an individual determined eligible for financial
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assistance under this chapter.
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(23) "Reimbursement rate" means the unadjusted medicaid rate of reim-
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bursement for medical charges allowed pursuant to title XIX of the social se-
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curity act, as amended, that is in effect at the time service is rendered.
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The "reimbursement rate" shall mean ninety-five percent (95%) of the unad-
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justed medicaid rate.
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(24) "Resident" means a person with a home, house, place of abode, place
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of habitation, dwelling or place where he or she actually lived for a consec-
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dent does not include a person who comes into this state for temporary pur-
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poses, including, but not limited to, education, vacation, or seasonal la-
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bor. Entry into active military duty shall not change a person's residence
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for the purposes of this chapter. Those physically present within the fol-
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they were residents prior to entering the facility or institution:
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(a) Correctional facilities;
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(b) Nursing homes or residential or assisted living facilities;
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(c) Other medical facility or institution.
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(25) "Resources" means all property, for which an applicant and/or an
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obligated person may be eligible or in which he or she may have an interest,
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whether tangible or intangible, real or personal, liquid or nonliquid, or
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pending, including, but not limited to, all forms of public assistance,
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crime victims compensation, worker's compensation, veterans benefits, med-
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icaid, medicare, supplemental security income (SSI), third party insurance,
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other insurance or apply for section 1011 of the medicare modernization act
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of 2003, if applicable, and any other property from any source. Resources
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shall include the ability of an applicant and obligated persons to pay for
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necessary medical services, excluding any interest charges, over a period
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of up to five (5) years starting on the date necessary medical services are
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first provided. For purposes of determining approval for medical indigency
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only, resources shall not include the value of the homestead on the applicant
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or obligated person's residence, a burial plot, exemptions for personal
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(26) "Third party applicant" means a person other than an obligated per-
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son who completes, signs and files an application on behalf of a patient. A
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third party applicant who files an application on behalf of a patient pur-
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the application to the patient within three (3) business days after filing
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the application.
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(27) "Third party insurance" means casualty insurance, disability in-
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surance, health insurance, life insurance, marine and transportation in-
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surance, motor vehicle insurance, property insurance or any other insurance
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coverage that may pay for a resident's medical bills.
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(28) "Utilization management" means the evaluation of medical neces-
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sity, appropriateness and efficiency of the use of health care services,
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procedures and facilities. "Utilization management" may include, but is
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not limited to, preadmission certification, the application of practice
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guidelines, continued stay review, discharge planning, case management,
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preauthorization of ambulatory procedures, retrospective review and claims
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review. "Utilization management" may also include the amount to be paid
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based on the application of the reimbursement rate to those medical services
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determined to be necessary medical services.
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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shall approve an application for financial assistance after this section has
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been effective for one hundred eighty (180) days.
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to the deadline described in subsection (1) of this section for up to twelve
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(12) months following the effective date of this section.
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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GRAM. (1) Notwithstanding any provision of law or rule to the contrary, no
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application for financial assistance through the board of the catastrophic
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health care cost program shall be approved under this chapter if such appli-
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cation is made on or after the one (1) year anniversary of the effective date
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of this section.
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(2) Final decisions by the board of the catastrophic health care cost
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program on all outstanding applications for financial assistance must occur
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on or before June 30, 2021.
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(3) Final payments on medical claims shall be disbursed with funds ap-
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propriated for fiscal year 2021.
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(4) Upon final decision of all outstanding applications for financial
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assistance, the board of the catastrophic health care cost program shall
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suspend operations, but board members shall retain their appointments. The
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department of health and welfare shall act as a fiscal agent to oversee any
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ongoing administrative actions, including distribution of any remaining
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outstanding payments from the catastrophic health care cost account and
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collection of ongoing reimbursements for deposit into that account in accor-
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dance with final board decisions.
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amended to read as follows:
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indirect costs of the detention or confinement of the person to the govern-
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mental unit or agency owning or operating the jail or confinement facilities
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in which the person was confined or detained. The amount of such direct and
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indirect costs shall be determined on a per day per person basis by agree-
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governmental unit or agency owning or operating such jail or confinement fa-
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cilities. In the absence of such agreement or order fixing the cost as pro-
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detained shall be the sum of thirty-five dollars ($35.00) per day, plus the
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cost of any medical or dental services paid at the rate of reimbursement as
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is otherwise established by contract or agreement; provided, however, that
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for any local, state, federal or private program that covers dental, medi-
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cal and/or burial expenses. That person will be required to apply for those
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benefits, and any such benefits obtained may be applied to the detained or
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confined person's incurred expenses, and in the event of the death of such
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shall pay all actual burial costs. Release from an order pursuant to section
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penses imposed in this section. In case a person confined or detained was
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initially arrested by a city police officer for violation of the motor vehi-
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cle laws of this state or for violation of a city ordinance, the cost of such
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wherein the order of confinement was entered. All payments under this sec-
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tion shall be acted upon for each calendar month by the second Monday of the
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month following the date of billing.
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amended to read as follows:
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with necessary food, clothing, bedding, and medical care, and the board of
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sury under such rules and regulations as they may prescribe. The county's
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obligation herein shall not apply when the person is no longer committed
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bail, or any other court order of release, unless the release is a temporary
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release from the jail solely for the purpose of receiving medical care for
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chapter precludes a released person from access to coverage under chapter
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amended to read as follows:
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31-863. LEVY FOR CHARITIES FUND. For the purpose of nonmedical indi-
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Code, and for the purpose of providing financial assistance on behalf of the
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medically indigent, pursuant to chapter 35, services authorized by chapter
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not to exceed ten hundredths of one percent (.10%) of the market value for as-
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amended to read as follows:
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this title.
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(2) The compensation allowed by law to constables and sheriffs for ex-
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ecuting process on persons charged with criminal offenses; for services and
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expenses in conveying criminals to jail; for the service of subpoenas issued
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by or at the request of the prosecuting attorneys, and for other services in
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relation to criminal proceedings.
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(3) The expenses necessarily incurred in the support of persons
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jail. Provided that any mMedical expenses shall be paid at the rate of reim-
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reimbursement is otherwise established by contract or agreement.
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ceedings, when not otherwise collectible.
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(5) The sum required by law to be paid to grand jurors and indigent wit-
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nesses in criminal cases.
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not provided to be paid otherwise.
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and the indigent sick and nonmedical assistance for indigents, whose support
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(8) The contingent expenses, necessarily incurred for the use and bene-
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amended to read as follows:
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such limitations and restrictions as are prescribed by law, evaluate the
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need and provide to indigent person(s) nonmedical assistance in a temporary
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situation only when no alternatives exist. Nothing in this chapter shall
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dures, may negotiate payment to providers, and may contract for nonmedical
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services, pursuant to this chapter. For the purpose of funding nonmedical
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Code.
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and the same is hereby amended to read as follows:
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amended to read as follows:
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missioners in their respective counties shall, under such limitations and
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restrictions as are prescribed by law:
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(1) Pay for necessary medical services for the medically indigent res-
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idents of their counties as provided in this chapter and as approved by the
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thousand dollars ($11,000) in the aggregate per resident in any consecutive
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twelve (12) month period or contract for the provision of necessary medical
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(2) Have the right to contract with providers, transfer patients, ne-
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gotiate provider agreements, conduct utilization management or any portion
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thereof, pay for authorized expenses directly, or indirectly through the
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use of alternative programs, that would assist in managing costs of provid-
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ing health care for indigent persons, and all other powers incident to the
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county's duties created by this chapter.
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(3) Cooperate with the department, the board and contractors retained
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by the department or the board to provide services including, but not limited
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to, medicaid eligibility review and utilization management on behalf of the
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counties and the board.
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maimed, aged and infirm and to erect, enlarge, purchase, lease, or otherwise
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acquire, and to officer, maintain and improve hospitals, hospital grounds,
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nurses' homes, shelter care facilities and residential or assisted living
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Code, medical clinic grounds or any other necessary buildings, and to equip
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the same, and to replace equipment, and for this purpose said commissioners
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may levy an additional tax of not to exceed six hundredths percent (.06%) of
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the market value for assessment purposes on all taxable property within the
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be construed to include nursing homes.
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hereby amended to read as follows:
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limitations and restrictions as are prescribed by law:
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(1) Pay for the cost of necessary medical services for a medically in-
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digent resident, as provided in and approved pursuant to this chapter, where
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the cost of necessary medical services when paid at the reimbursement rate
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exceeds the total sum of eleven thousand dollars ($11,000) in the aggregate
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per resident in any consecutive twelve (12) month period;
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(2) Have the right to negotiate provider agreements, contract for uti-
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lization management or any portion thereof, pay for authorized expenses di-
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rectly, or indirectly through the use of alternative programs, that would
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assist in managing costs of providing health care for indigent persons, and
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all other powers incident to the board's duties created by this chapter;
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(3) Cooperate with the department, respective counties of the state and
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services including, but not limited to, eligibility review and utilization
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management on behalf of the counties and the board;
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(4) Require, as the board deems necessary, annual reports from each
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(i) Case number and the date services began;
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(ii) Age;
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(iii) Residence;
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(iv) Sex;
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(v) Diagnosis;
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(vi) Income;
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(vii) Family size;
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(viii) Amount of costs incurred including provider, legal and ad-
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ministrative charges;
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(ix) Approval or denial; and
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(x) Reasons for denial.
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(b) From each hospital:
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(i) 990 tax forms or comparable information;
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(ii) Cost of charges where charitable care was provided; and
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(iii) Administrative and legal costs incurred in processing
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claims under this chapter.
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(5) Authorize all disbursements from the catastrophic health care cost
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program in accordance with the provisions of this chapter;
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(6) Make and enter into contracts;
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(73) Develop and submit a proposed budget setting forth the amount nec-
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essary to perform its functions and prepare an annual report;
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(84) Perform such other duties as set forth in the laws of this state;
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and
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(95) Conduct examinations, investigations, audits and hear testimony
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and take proof, under oath or affirmation, at public or private hearings, on
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any matter necessary to fulfill its duties.
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hereby amended to read as follows:
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31-3510A. REIMBURSEMENT. (1) Receipt of financial assistance pur-
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suant to this chapter shall obligate an applicant to reimburse the obligated
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that the applicant is able to pay from resources over a reasonable period of
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board in proportion to the amount each has paid.
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(2) A final determination shall not relieve the applicant's duty to
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subsequently find within a reasonable period of time that there has been a
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substantial change in circumstances such that the applicant is able to pay
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additional amounts up to the total claim paid on behalf of the applicant.
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from reviewing a petition from an applicant to reduce an order of reimburse-
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ment based on a substantial change in circumstances.
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(4) The automatic lien created pursuant to the this chapter may be filed
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and may be liquidated or unliquidated in amount. Nothing herein shall pro-
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hibit an applicant from executing a consensual lien in addition to the au-
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tomatic lien created by filing an application pursuant to this chapter. In
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the event that resources can be located in another state, the clerk may file
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the lien with the district court and provide notice to the recipient. The re-
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cipient shall have twenty (20) days to object, following which the district
36
court shall enter judgment against the recipient. The judgment entered may
37
thereafter be filed as provided for the filing of a foreign judgment in that
38
jurisdiction.
39
40
41
42
medically indigent as are capable and able to work and whose attending physi-
43
cian certifies they are capable of working.
13
1
2
that are not assigned to the catastrophic health care cost program shall be
3
4
5
sioners is to require a reimbursement amount or rate the applicant believes
6
excessive, the applicant may seek judicial review of the final determination
7
8
Code.
11
12
amended to read as follows:
13
31-3514. INTERNAL MANAGEMENT -- ACCOUNTS AND REPORTS. Such facilities
14
15
and accept other patients and must charge and accept payments from such other
16
patients as are able to make payments for services rendered and care given.
17
18
management and operation of such property by a suitable board of control, or
19
otherwise, or for carrying out such hospital uses and purposes under a lease
20
of the same.
21
The boards or officers or lessees of such hospital property shall render
22
23
24
25
to the operation expense of hospitals and indigent sick and otherwise depen-
26
27
funds of this kind.
28
29
such hospital is located to be admitted for hospitalization to such hospi-
30
tal. As to such cases, special rates for the use and service of such hospi-
31
tal may be provided, which rates shall apply equally to all such patients who
32
33
pose of providing such special rates shall be to compel persons living out of
34
35
in such hospital, to bear a just burden of the cost of construction and main-
36
tenance of such hospital.
37
38
amended to read as follows:
39
31-3516. SEPARABILITY SEVERABILITY. If any provision of this chapter
40
or the application thereof to any person or circumstance is held invalid,
41
such invalidity shall not affect other provisions or applications of this
42
chapter, which can be given effect without the invalid provisions or appli-
43
cations, and to this end the provisions of this chapter are declared to be
44
severable.
14
3
4
amended to read as follows:
5
6
7
completed application, the board shall approve an application for financial
8
assistance under the catastrophic health care cost program if it determines
9
that:
10
(a) Nnecessary medical services have been provided for a medically in-
11
digent resident in accordance with this chapter;
12
13
($11,000) of necessary medical services; and
14
(c) The cost of necessary medical services when paid at the reimburse-
15
ment rate exceeds the total sum of eleven thousand dollars ($11,000) in
16
the aggregate per resident in any consecutive twelve (12) month period.
17
(2) Payment to a hospital or provider pursuant to this chapter shall be
18
payment of the debt in full, and the hospital or provider shall not seek addi-
19
tional funds from the applicant.
20
(3) In no event shall the board be obligated to pay a claim, pursuant to
21
this chapter, in excess of an amount based on the application of the appro-
22
priate reimbursement rate to those medical services determined to be neces-
23
sary medical services. The board may use contractors to undertake utiliza-
24
tion management review in any part of that analysis.
25
(4) The board shall, within forty-five (45) days after approval by the
26
board, submit the claim to the state controller for payment. Payment by the
27
15
9
10
amended to read as follows:
11
12
board shall be charged with the care, custody, upkeep, management and opera-
13
14
15
for all moneys received by it, including all revenues from the operation of
16
such property, all moneys received by tax levies for operation of such prop-
17
erty, and all moneys received from whatever source, by contribution or oth-
18
erwise, for such purposes: P; provided, that if any contribution of money
19
20
cific purpose the hospital board may, if it deems it for the best interest of
21
the hospital or other facility or property under its management, accept such
22
contribution and use such contribution for such purpose.
23
(b2) Funds -- Custody and Disbursement. -- The hospital board shall
24
safely keep or cause to be kept all moneys coming into the care, custody or
25
possession of the board in strict compliance with the public depository law
26
of this state, and shall pay out such money for valid bills and obligations of
27
the hospital, and shall keep or cause to be kept proper records in its minutes
28
of all its proceedings and all business transactions and proper accounts of
29
all moneys received by it, expended and on hand. The minutes of the board
30
31
all regular office hours.
32
33
34
the annual hospital audit after the close of the fiscal year and shall an-
35
nually publish in one (1) issue of a newspaper having general circulation
36
37
38
commissioners may deem necessary for the information of the people of the
39
40
of business unaudited monthly financial reports reflecting the financial
41
42
of those monthly reports to the member of the board of commissioners serving
43
44
45
getary limitations herein contained may acquire or build other property
46
16
1
improve, remodel, enlarge, reduce, or dispose of property being used for
2
3
indebtedness in excess of the amount of its annual budget as approved by the
4
5
board be formed after the time fixed by law for adoption of the budget, it may
6
7
the rest of the current year, which budget, however, shall not provide for
8
expenditure or creation of indebtedness in an amount greater than the esti-
9
mated income for that year, together with any receipts from taxes specially
10
levied for hospital purposes in such year.
11
12
amended to read as follows:
13
49-673. SAFETY RESTRAINT USE. (1) Except as provided in section
14
15
motor vehicle that has a gross vehicle weight of not more than eight thousand
16
(8,000) pounds, and that was manufactured with safety restraints in compli-
17
ance with federal motor vehicle safety standard no. 208, shall have a safety
18
restraint properly fastened about the occupant's body at all times when the
19
vehicle is in motion.
20
(2) The provisions of this section shall not apply to:
21
(a) An occupant of a motor vehicle who possesses a written statement
22
from a licensed physician that the occupant is unable for medical rea-
23
sons to wear a safety restraint;
24
(b) Occupants of motorcycles, implements of husbandry and emergency
25
vehicles;
26
(c) Occupants of seats of a motor vehicle in which all safety restraints
27
are then properly in use by other occupants of that vehicle; or
28
(d) Mail carriers only if all vehicle regulations and safety practices
29
30
(3) (a) A citation may be issued to:
31
(i) Any occupant of the motor vehicle who is age eighteen (18)
32
years or older and fails to wear a safety restraint as required in
33
this section; and
34
(ii) The operator of the motor vehicle who is age eighteen (18)
35
years or older if any occupant under eighteen (18) years of age
36
fails to wear a safety restraint as required in this section.
37
For purposes of this subparagraph, it shall be deemed a single
38
violation regardless of the number of occupants not properly re-
39
strained.
40
(b) A person issued a citation pursuant to this subsection shall be sub-
41
ject to a fine of ten dollars ($10.00), with plus court costs. Through
42
September 30, 2020, five dollars ($5.00) of such fine to shall be appor-
43
tioned to the catastrophic health care cost fund account, as set forth
44
45
($5.00) of such fine shall be apportioned to the medicaid expansion fund
46
47
tion shall not result in violation point counts as prescribed in section
48
17
1
traffic violation for the purpose of establishing rates of motor vehi-
2
cle insurance charged by a casualty insurer.
3
(4) A citation may be issued to the operator of the motor vehicle if the
4
operator is under eighteen (18) years of age and the operator or any other
5
occupant who is under eighteen (18) years of age fails to wear a safety re-
6
straint as required in this section. For purposes of this subsection, it
7
shall be deemed a single violation regardless of the number of occupants not
8
properly restrained. A person issued a citation pursuant to this subsection
9
shall be subject to a fine of ten dollars ($10.00), plus court costs. Through
10
September 30, 2020, five dollars ($5.00) of such fine to shall be apportioned
11
to the catastrophic health care cost fund account as set forth in section
12
13
lars ($5.00) of such fine shall be apportioned to the medicaid expansion fund
14
15
shall not result in violation point counts as prescribed in section 49-326,
16
17
deemed to be a moving traffic violation for the purpose of establishing rates
18
of motor vehicle insurance charged by a casualty insurer.
19
(5) Enforcement of this section by law enforcement officers may be ac-
20
complished only as a secondary action when the operator of the motor vehicle
21
has been detained for a suspected violation of another law.
22
(6) The department shall initiate and conduct an educational program,
23
to the extent sufficient private donations or federal funds for this spe-
24
cific purpose are available to the department, to encourage compliance with
25
the provisions of this section and to publicize the effectiveness of use of
26
safety restraints and other restraint devices in reducing risk of harm to oc-
27
cupants of motor vehicles.
28
(7) The department shall evaluate the effectiveness of the provisions
29
of this section and shall include a report of its findings in its annual eval-
30
31
tional highway traffic safety administration and federal highway adminis-
32
tration pursuant to 23 U.S.C. section 402.
33
(8) The failure to use a safety restraint shall not be considered under
34
any circumstances as evidence of contributory or comparative negligence,
35
nor shall such failure be admissible as evidence in any civil action with
36
regard to negligence.
37
38
amended to read as follows:
39
56-209b. MEDICAL ASSISTANCE -- MEDICAL ASSISTANCE ACCOUNT -- MEDICAID
40
EXPANSION FUND -- MEDICAID STABILIZATION FUND. (1) Medical assistance shall
41
be awarded to persons as mandated by federal law; and medical assistance may
42
be awarded to such other persons not required to be awarded medical assis-
43
tance as mandated by federal law when such award is to the fiscal advantage of
44
45
(2) There is hereby created in the dedicated fund the medical assis-
46
tance account. The medical assistance account shall be an entity primarily
47
designed to receive moneys from the families and relatives of patients re-
48
ceiving medical assistance under the state plan for medicaid, and to pro-
49
vide a source of moneys to pay for the state's share of medical assistance ex-
18
1
penses. Moneys in the medical assistance account may not be commingled with
2
moneys in the cooperative welfare account fund. Moneys in the medical as-
3
sistance account must be appropriated in order to be expended to pay for the
4
state's share of medical assistance expenses.
5
(3) In all cases where the department of health and welfare through the
6
medical assistance program has or will be required to pay medical expenses
7
for a recipient and that recipient is entitled to recover any or all such med-
8
ical expenses from any third party or entity, the department of health and
9
welfare will be subrogated to the rights of the recipient to the extent of the
10
amount of medical assistance benefits paid by the department as the result of
11
the occurrence giving rise to the claim against the third party or entity.
12
(4) If a recipient of medical assistance pursues a claim against a third
13
party or entity through litigation or a settlement, the recipient will so no-
14
tify the department. If a recipient fails to notify the department of such
15
claim, the department may recover the amount of any public assistance ob-
16
tained by the recipient while the recipient pursued such claim. In addition,
17
if the recipient recovers funds, either by settlement or judgment, from such
18
a third party or entity, the recipient shall reimburse the department to the
19
extent of the funds received in settlement minus attorney's fees and costs,
20
the amount of the medical assistance benefits paid by the department on his
21
behalf as a result of the occurrence giving rise to the need for medical as-
22
sistance. The department shall be entitled to all the legal rights and pow-
23
ers of a creditor against a debtor in enforcing the recipient's reimburse-
24
ment obligation.
25
(5) The department shall have priority to any amount received from a
26
third party or entity which can reasonably be construed to compensate the re-
27
cipient for the occurrence giving rise to the need for medical assistance,
28
whether the settlement or judgment is obtained through the subrogation right
29
of the department or through recovery by the recipient, and whether or not
30
the recipient is made whole by the amount recovered. The department will be
31
entitled to reimbursement of medical assistance benefits paid on behalf of
32
the recipient arising from the incident or occurrence prior to any amount be-
33
ing distributed to the recipient. The department may notify such third party
34
or entity of the department's entitlement to receive the reimbursement prior
35
to any amount being distributed to the recipient. Furthermore, the depart-
36
ment may instruct the third party or entity to make such payment directly to
37
the department prior to any amount being distributed to the recipient. Any
38
third party or entity who distributed funds in violation of such a notice
39
shall be liable to the department for the amount of the reimbursement.
40
(6) In the event a recipient of assistance through the medical assis-
41
tance program incurs the obligation to pay attorney's fees and costs for the
42
purpose of enforcing a monetary claim to which the department has a right
43
under this section, the amount which that the department is entitled to re-
44
cover, or any lesser amount which that the department may agree to accept in
45
compromise of its claim, shall be reduced by an amount which that bears the
46
same relation to the total amount of attorney's fees and costs actually paid
47
by the recipient as the amount actually recovered for medical expenses paid
48
by the department, exclusive of the reduction for attorney's fees and costs,
49
bears to the total amount paid by the third party or entity to the recipient.
50
If a settlement or judgment is received by the recipient without delineating
19
1
what portion of the settlement or judgment is in payment of medical expenses,
2
it will be presumed that the settlement or judgment applies first to the med-
3
ical expenses incurred by the recipient in an amount equal to the expenditure
4
for medical assistance benefits paid by the department as a result of the oc-
5
currence giving rise to the payment or payments to the recipient.
6
(7) There is hereby created in the state treasury the medicaid expan-
7
sion fund. The medicaid expansion fund shall receive moneys from the gen-
8
eral fund and other sources, including the medicaid stabilization fund, pur-
9
10
for the purposes of providing medical assistance to individuals described in
11
12
be commingled with moneys in the cooperative welfare fund.
13
(8) There is hereby created in the state treasury the medicaid stabi-
14
lization fund. Moneys in the medicaid stabilization fund may be transferred
15
only by appropriation to the medicaid expansion fund to pay for the state's
16
share of medical assistance expenses, provided that any moneys transferred
17
by appropriation shall revert to the medicaid stabilization fund if such
18
moneys remain unused at the end of the fiscal year for which they were appro-
19
priated.
22
23
hereby amended by the addition thereto of a NEW SECTION, to be known and des-
24
25
56-268. MEDICAID EXPANSION COST ALLOCATION. (1) Beginning on January
26
27
28
of health and welfare shall calculate the counties' quarterly assessment ac-
29
cording to the provisions of this section.
30
(2) By the end of each month following the end of a calendar quarter,
31
the department of health and welfare shall tally the number of individuals
32
33
for that calendar quarter.
34
(3) The department of health and welfare shall calculate the quarterly
35
cost for the counties by multiplying the state tally described in subsection
36
(2) of this section by the projected annual per member cost of the program for
37
the following state fiscal year, then multiplying the result by twenty-three
38
percent (23%), and then dividing by four (4).
39
(4) Starting in calendar year 2022, the annual per member cost of the
40
program used in subsection (3) of this section shall increase by no more than
41
three percent (3%) per year.
42
(5) The department of health and welfare shall notify the state tax com-
43
44
and every three (3) months thereafter.
45
(6) Quarterly assessments for the counties shall be deducted from sales
46
47
Code, nine (9) months following the conclusion of the period assessed. The
48
assessments shall be collected for the first quarter of calendar year 2020
20
1
beginning on December 31, 2020, and for subsequent quarters shall be col-
2
lected every three (3) months thereafter.
3
(7)(a) Beginning in 2022 and every three (3) years thereafter, the leg-
4
islative services office shall review the funding formula set forth in
5
this section and report to the joint finance-appropriations committee
6
and the senate and house of representatives health and welfare commit-
7
tees no later than January 15 of the following legislative session:
8
(i) Whether the funding sources for medicaid expansion are sus-
9
tainable; and
10
(ii) In the event that a gap exists between current identified
11
funding sources and program demand, other funding options for con-
12
sideration by the joint finance-appropriations committee and the
13
legislature.
14
(b) In order to meet its obligations under paragraph (a) of this subsec-
15
tion, the legislative services office may request assistance from other
16
agencies and may employ a consultant to assist with the review and pro-
17
duction of the report. The legislative services office may include a
18
budget request in the appropriate fiscal year when needed to comply with
19
paragraph (a) of this subsection.
20
21
amended to read as follows:
22
57-813. CATASTROPHIC HEALTH CARE COST ACCOUNT. (1) There is hereby
23
created in the state treasury an account to be designated the "Catastrophic
24
Health Care Cost Account." The account shall be used solely for payment of
25
insurance premiums, payment of eligible claims beyond the eleven thousand
26
27
ing the catastrophic health care cost account.
28
(2) The administrator of the catastrophic health care cost program may
29
retain counsel.
30
(3) All moneys placed in the account are hereby perpetually appro-
31
priated to the administrator of the catastrophic health care cost program
32
subject to appropriation for purposes of this program. All expenditures
33
from the account shall be paid out in warrants drawn by the state controller
34
upon presentation of proper vouchers from the administrator. Pending use,
35
surplus moneys in the account shall be invested by the state treasurer in the
36
37
surplus or idle moneys in the state treasury. Interest earned on the invest-
38
ments shall be returned to the account.
39
40
amended to read as follows:
41
63-3638. SALES TAX -- DISTRIBUTION. All moneys collected under this
42
chapter, except as may otherwise be required in sections 63-3203, 63-3620F,
43
44
section, shall be distributed by the state tax commission as follows:
45
(1) An amount of money shall be distributed to the state refund account
46
sufficient to pay current refund claims. All refunds authorized under this
21
1
chapter by the state tax commission shall be paid through the state refund
2
account, and those moneys are continuously appropriated.
3
(2) Five million dollars ($5,000,000) per year is continuously appro-
4
priated and shall be distributed to the permanent building fund, provided by
5
6
(3) Four million eight hundred thousand dollars ($4,800,000) per year
7
is continuously appropriated and shall be distributed to the water pollution
8
9
(4) An amount equal to the sum required to be certified by the chair-
10
11
12
appropriated and shall be paid to any capital reserve fund established by
13
14
Code. Such amounts, if any, as may be appropriated hereunder to the capital
15
16
distribution under the provisions of this section, subject to the provisions
17
18
tion, as soon as possible, from any moneys available therefor and in excess
19
of the amounts the association determines will keep it self-supporting.
20
(5) An amount equal to the sum required by the provisions of sections
21
22
23
24
25
Code.
26
27
Code.
28
(8) For fiscal year 2011 and each fiscal year thereafter, four million
29
one hundred thousand dollars ($4,100,000), of which two million two hundred
30
thousand dollars ($2,200,000) shall be distributed to each of the forty-four
31
(44) counties in equal amounts and one million nine hundred thousand dol-
32
lars ($1,900,000) shall be distributed to the forty-four (44) counties in
33
34
the state. For fiscal year 2012 and for each fiscal year thereafter, the
35
amount distributed pursuant to this subsection shall be adjusted annually
36
by the state tax commission in accordance with the consumer price index for
37
all urban consumers (CPI-U) as published by the U.S. department of labor,
38
bureau of labor statistics, but in no fiscal year shall the total amount
39
allocated for counties under this subsection be less than four million one
40
hundred thousand dollars ($4,100,000). Any increase resulting from the ad-
41
42
43
44
be deposited all revenues received from the distribution pursuant to this
45
subsection. All such revenues shall be used exclusively to defray the costs
46
47
48
(9) One dollar ($1.00) on each application for certificate of title
49
or initial application for registration of a motor vehicle, snowmobile,
50
22
1
2
sales or use taxes due have been previously collected by a retailer, shall be
3
4
tion department in collecting such taxes and shall be paid into the current
5
6
7
(10) Eleven and five-tenths percent (11.5%) is continuously appro-
8
priated and shall be distributed to the revenue-sharing account, which is
9
hereby created in the state treasury, and the moneys in the revenue-sharing
10
account will be paid in installments each calendar quarter by the state tax
11
commission as follows:
12
(a) Twenty-eight and two-tenths percent (28.2%) shall be paid to the
13
various cities as follows:
14
(i) Fifty percent (50%) of such amount shall be paid to the vari-
15
ous cities, and each city shall be entitled to an amount in the pro-
16
portion that the population of that city bears to the population of
17
all cities within the state; and
18
(ii) Fifty percent (50%) of such amount shall be paid to the vari-
19
ous cities, and each city shall be entitled to an amount in the pro-
20
portion that the preceding year's market value for assessment pur-
21
poses for that city bears to the preceding year's market value for
22
assessment purposes for all cities within the state.
23
(b) Twenty-eight and two-tenths percent (28.2%) shall be paid to the
24
various counties as follows:
25
(i) An amount representing the various counties' share of med-
26
icaid expansion cost allocation as determined and reported to the
27
28
be distributed to the medicaid stabilization fund created in sec-
29
30
31
(ii) One million three hundred twenty thousand dollars
32
($1,320,000) annually shall be distributed one forty-fourth
33
(1/44) to each of the various counties; and
34
(iii) The balance of such amount shall be paid to the various coun-
35
36
37
the state;
38
(c) Thirty-five and nine-tenths percent (35.9%) of the amount appro-
39
priated in this subsection shall be paid to the several counties for
40
distribution to the cities and counties as follows:
41
42
43
quarter of calendar year 1999, shall be entitled to a like amount
44
during succeeding calendar quarters.
45
(ii) If the dollar amount of money available under this subsection
46
(10)(c) in any quarter does not equal the amount paid in the fourth
47
quarter of calendar year 1999, each city's and county's payment
48
shall be reduced proportionately.
49
(iii) If the dollar amount of money available under this subsec-
50
tion (10)(c) in any quarter exceeds the amount paid in the fourth
23
1
2
titled to a proportionately increased payment, but such increase
3
shall not exceed one hundred five percent (105%) of the total pay-
4
ment made in the fourth quarter of calendar year 1999.
5
(iv) If the dollar amount of money available under this subsection
6
(10)(c) in any quarter exceeds one hundred five percent (105%) of
7
the total payment made in the fourth quarter of calendar year 1999,
8
any amount over and above such one hundred five percent (105%)
9
shall be paid fifty percent (50%) to the various cities in the pro-
10
portion that the population of the city bears to the population of
11
all cities within the state and fifty percent (50%) to the various
12
13
to the population of the state; and
14
(d) Seven and seven-tenths percent (7.7%) of the amount appropriated in
15
this subsection shall be paid to the several counties for distribution
16
to special purpose taxing districts as follows:
17
(i) Each such district which that received a payment under the
18
19
existed immediately prior to July 1, 2000, during the fourth quar-
20
ter of calendar year 1999, shall be entitled to a like amount dur-
21
ing succeeding calendar quarters.
22
(ii) If the dollar amount of money available under this subsec-
23
tion (10)(d) in any quarter does not equal the amount paid in the
24
fourth quarter of calendar year 1999, each special purpose taxing
25
district's payment shall be reduced proportionately.
26
(iii) If the dollar amount of money available under this subsec-
27
tion (10)(d) in any quarter exceeds the amount distributed under
28
paragraph (i) of this subsection (10)(d), each special purpose
29
taxing district shall be entitled to a share of the excess based on
30
the proportion each such district's current property tax budget
31
bears to the sum of the current property tax budgets of all such
32
districts in the state. The state tax commission shall calculate
33
district current property tax budgets to include any unrecovered
34
35
Code. When a special purpose taxing district is situated in more
36
37
portion attributable to the special purpose taxing district from
38
39
(iv) If special purpose taxing districts are consolidated, the
40
resulting district is entitled to a base amount equal to the sum of
41
the base amounts received in the last calendar quarter by each dis-
42
trict prior to the consolidation.
43
(v) If a special purpose taxing district is dissolved or disin-
44
corporated, the state tax commission shall continuously distrib-
45
46
last quarter's distribution prior to dissolution or disincorpora-
47
48
distribution of moneys so received.
49
(vi) Taxing districts formed after January 1, 2001, are not enti-
50
tled to a payment under the provisions of this subsection (10)(d).
24
1
(vii) For purposes of this subsection (10)(d), a special purpose
2
3
or a school district.
4
(11) Amounts calculated in accordance with section 2, chapter 356, laws
5
of 2001, for annual distribution to counties and other taxing districts be-
6
ginning in October 2001 for replacement of property tax on farm machinery and
7
8
districts, the state tax commission shall distribute one-fourth (1/4) of
9
10
state tax commission shall distribute one-fourth (1/4) of the amount certi-
11
12
auditor shall distribute to each district within thirty (30) calendar days
13
from receipt of moneys from the state tax commission. Moneys received by
14
each taxing district for replacement shall be utilized in the same manner
15
and in the same proportions as revenues from property taxation. The moneys
16
17
18
counties and other taxing districts and budgeted at the same time, in the
19
same manner and in the same year as revenues from taxation on personal prop-
20
erty which these moneys replace. If taxing districts are consolidated, the
21
resulting district is entitled to an amount equal to the sum of the amounts
22
received in the last calendar quarter by each district pursuant to this
23
subsection prior to the consolidation. If a taxing district is dissolved
24
or disincorporated, the state tax commission shall continuously distribute
25
26
27
commissioners shall determine any redistribution of moneys so received. If
28
a taxing district annexes territory, the distribution of moneys received
29
pursuant to this subsection shall be unaffected. Taxing districts formed
30
after January 1, 2001, are not entitled to a payment under the provisions
31
of this subsection. School districts shall receive an amount determined by
32
multiplying the sum of the year 2000 school district levy minus .004 times
33
the market value on December 31, 2000, in the district of the property exempt
34
35
result of these calculations shall not be less than zero (0). The result of
36
these school district calculations shall be further increased by six per-
37
38
Code, moneys received pursuant to this section as property tax replacement
39
40
shall be treated as property tax revenues.
41
(12) Amounts necessary to pay refunds as provided in section 63-3641,
42
43
44
(13) Amounts calculated in accordance with subsection (4) of section
45
46
districts for replacement of property tax on personal property tax exemp-
47
48
amounts are continuously appropriated unless the legislature enacts a dif-
49
ferent appropriation for a particular fiscal year. For purposes of the
50
25
1
to this section as property tax replacement for property exempt from taxa-
2
3
tax revenues. If taxing districts are consolidated, the resulting district
4
is entitled to an amount equal to the sum of the amounts that were received in
5
the last calendar year by each district pursuant to this subsection prior to
6
the consolidation. If a taxing district or revenue allocation area annexes
7
territory, the distribution of moneys received pursuant to this subsection
8
shall be unaffected. Taxing districts and revenue allocation areas formed
9
after January 1, 2013, are not entitled to a payment under the provisions of
10
this subsection.
11
12
retailers that are not engaged in business in this state and which retailer
13
would not have been required to collect the sales tax, less amounts other-
14
wise distributed in subsections (1) and (10) of this section, shall be dis-
15
16
state tax commission will determine the amounts to be distributed under this
17
subsection.
18
(15) Any moneys remaining over and above those necessary to meet and
19
reserve for payments under other subsections of this section shall be dis-
20
tributed to the general fund.
21
(16) One percent (1%), but not less than fifteen million dollars
22
($15,000,000), is continuously appropriated and shall be distributed to the
23
transportation expansion and congestion mitigation fund established in sec-
24
25
must immediately follow the distribution provided for in subsection (10) of
26
this section.
27
28
amended to read as follows:
29
30
TIENTS. (a1) All costs associated with the commitment proceedings, includ-
31
ing fees of designated examiners, transportation costs and all medical,
32
psychiatric and hospital costs not included in subsection (c3) of this
33
section, shall be the responsibility of the person subject to judicial pro-
34
ceedings authorized by this chapter or such person's spouse, adult children,
35
36
family and third-party resources, including medical assistance provided
37
under the state plan for medicaid as authorized by title XIX of the social
38
security act, as amended, are considered. In proceedings authorized by
39
this chapter, the court shall consider the indigency of persons subject to
40
proceedings authorized by this chapter, in light of such person's income and
41
resources, and if such person is able to pay all or part of such costs, the
42
court shall order such person to pay all or any part of such costs. If the
43
court determines such person is unable to pay all or any part of such costs,
44
the court shall fix responsibility, in accordance with the provisions of
45
46
such person's residence to the extent not paid by such person or not covered
47
by third-party resources, including medical assistance as aforesaid. The
48
49
26
1
the facility providing the services is a freestanding mental health facil-
2
ity, then the reimbursement rate will be the medicaid rate, for a hospital
3
4
the nearest proximity of the mental health facility. Such costs fixed by the
5
court shall be based upon the time services were provided.
6
(b2) An order of commitment pursuant to the provisions of this section
7
shall be sufficient to require the release of all pertinent information re-
8
9
restrictions of all applicable federal and state laws.
10
(c3) The department of health and welfare shall assume responsibil-
11
ity for costs after the involuntary patient is committed to the custody of
12
13
tice that a person has been committed into the custody of the department,
14
until the involuntary patient is discharged and after all personal, fam-
15
ily and third-party resources are considered in accordance with section
16
17
costs as defined in subsection (a1) of this section if the individual is not
18
transported within twenty-four (24) hours of receiving written notice of
19
admission availability to a state facility. For purposes of this section,
20
"costs" shall include routine board, room and support services rendered at a
21
facility of the department of health and welfare; routine physical, medical,
22
psychological and psychiatric examination and testing; group and individ-
23
ual therapy, psychiatric treatment, medication and medical care which that
24
can be provided at a facility of the department of health and welfare. The
25
term "costs" shall not include neurological evaluation, CAT scan, surgery,
26
medical treatment, any other item or service not provided at a facility of
27
the department of health and welfare, or witness fees and expenses for court
28
appearances. For the purposes of this section, the notice to the department
29
may be faxed or mailed.
30
(4) Following approval by the centers for medicare and medicaid ser-
31
32
icaid funding for institutions for mental diseases for individuals eligible
33
34
sible for costs incurred under this chapter for persons whose modified ad-
35
justed gross income is at or below one hundred thirty-three percent (133%) of
36
37
38
amended to read as follows:
39
67-2302. PROMPT PAYMENT FOR GOODS AND SERVICES. (1) It is the policy of
40
this state that all bills owed by the state of Idaho or any taxing district
41
within the state shall be paid promptly. No state agency or taxing district
42
supported in whole or in part by tax revenues shall be exempt from the provi-
43
sions of this section, except as provided in subsection (20).
44
(2) All bills shall be accepted, certified for payment, and paid within
45
sixty (60) calendar days of receipt of billing, unless the buyer and the ven-
46
dor have agreed by a contract in place at the time the order was placed that
47
a longer period of time is acceptable to the vendor. An invoice is a written
48
account or itemized statement of merchandise shipped, sent or delivered to
27
1
the purchaser with quantity, value or price, and charges set forth, and is a
2
demand for payment of the charges set forth.
3
(3) Unless specifically provided by the terms of a contract that de-
4
tails payment requirements, including penalties for late payments, interest
5
penalties shall be due automatically when bills become overdue. It shall be
6
up to each vendor to calculate and invoice interest at the time payment is due
7
on the principal.
8
(4) Partial payment shall be made on partial deliveries, if an invoice
9
is submitted for a partial delivery, and the goods delivered are a usable
10
unit. Each complete item or service must be paid for within forty-five (45)
11
calendar days.
12
(5) All proper deliveries and completed services shall be received or
13
accepted promptly, and proper receiving and acceptance reports shall be for-
14
warded to payment offices within five (5) working days of delivery of goods
15
or completion of service.
16
(6) Payment shall be due on the date on which the agency officially re-
17
ceives the invoice or actually receives the goods or services, whichever is
18
later.
19
(7) The rate of interest to be paid by the state or any taxing district
20
shall be the rate provided in section 63-3045, Idaho Code.
21
(8) Unpaid interest penalties owed to a vendor shall compound each
22
month.
23
(9) The provisions of this section shall apply to all purchases,
24
leases, rentals, contracts for services, construction, repairs and remod-
25
eling.
26
(10) No discount offered by a vendor shall be taken by the state or a
27
taxing district or by a project manager administering a state- or taxing dis-
28
trict-supported project, unless full payment is made within the discount pe-
29
riod. In the event a discount is taken later, interest shall accrue on the
30
unpaid balance from the day the discount offer expired.
31
(11) Interest shall be paid from funds already appropriated or budgeted
32
to the offending agency or taxing district or project for that fiscal year.
33
If more than one (1) department, institution or agency has caused a late pay-
34
ment, each shall bear a proportionate share of the interest penalty.
35
(12) In instances where an invoice is filled out incorrectly, or where
36
there is any defect or impropriety in an invoice submitted, the state agency,
37
taxing district, or project, shall contact the vendor in writing within ten
38
(10) days of receiving the invoice. An error on the vendor's invoice, if cor-
39
rected by the vendor within five (5) working days of being contacted by the
40
agency or taxing district, shall not result in the vendor being paid late.
41
(13) Checks or warrants shall be mailed or transmitted within a reason-
42
able time after approval.
43
(14) No new appropriation or budget is authorized under the provisions
44
of this section to cover interest penalties. No state agency, taxing dis-
45
trict, or project shall seek to increase appropriations or budgets for the
46
purpose of obtaining funds to pay interest penalties.
47
(15) Payment of interest penalties may be postponed when payment on the
48
principal is delayed because of a disagreement between the state or taxing
49
district and the vendor. At the resolution of any dispute, vendors shall be
28
1
entitled to receive interest on all proper invoices not paid for as provided
2
in subsection (2) of this section.
3
(16) The provisions of this section shall in no way be construed to
4
prohibit the state or any taxing district from making advanced payments,
5
progress payments, or from prepaying where circumstances make such payments
6
appropriate. All such payments shall be made promptly and are subject to
7
interest penalties when payment is late. Where construction, repair and
8
remodeling payments are subject to retainage, interest penalties shall ac-
9
crue on retained amounts beginning thirty (30) calendar days after work is
10
completed by the contractor(s) unless otherwise provided by contract.
11
(17) Each state department, institution and agency head shall be re-
12
sponsible for prompt payments. In all instances where an interest payment
13
has been made by a state agency because of a late payment, the responsible
14
state agency head shall submit to the joint senate finance-house appropri-
15
ations committee of the legislature at the time of that agency's budget re-
16
quest hearing an explanation of why the bill is paid late and what is being
17
done to solve the late payment problem.
18
(18) Whenever a vendor brings formal administrative action or judicial
19
action to collect interest due under this section, should the vendor pre-
20
vail, the state or taxing district is required to pay any reasonable attor-
21
ney's fees awarded.
22
(19) Where the date of payment to vendors is contingent on the receipt
23
of federal funds or federal approval, the solicitation of bids for contracts
24
and any contracts awarded shall clearly state that payment is contingent on
25
such conditions.
26
(20) The provisions of this section shall not apply to claims against
27
28
indigent person, nor to judgment obligations.
29
SECTION 58. That Section 67-7903, Idaho Code, be, and the same is hereby
30
amended to read as follows:
31
67-7903. VERIFICATION OF LAWFUL PRESENCE -- EXCEPTIONS -- REPORT-
32
ING. (1) Except as otherwise provided in subsection (3) of this section or
33
where exempted by federal law, each agency or political subdivision of this
34
state shall verify the lawful presence in the United States of each natural
35
person eighteen (18) years of age or older who applies for state or local
36
public benefits or for federal public benefits for the applicant.
37
(2) This section shall be enforced without regard to race, religion,
38
gender, ethnicity or national origin.
39
(3) Verification of lawful presence in the United States shall not be
40
required:
41
(a) For any purpose for which lawful presence in the United States is
42
not required by law, ordinance or rule;
43
(b) For obtaining health care items and services that are necessary for
44
the treatment of an emergency medical condition of the person involved
45
and are not related to an organ transplant procedure;
46
(c) For short-term, noncash, in-kind emergency disaster relief;
47
(d) For public health assistance for immunizations with respect to im-
48
munizable diseases and testing and treatment of symptoms of communica-
29
1
ble diseases whether or not such symptoms are caused by a communicable
2
disease;
3
(e) For programs, services or assistance, such as soup kitchens, crisis
4
counseling and intervention and short-term shelter specified by fed-
5
eral law or regulation that:
6
(i) Deliver in-kind services at the community level, including
7
services through public or private nonprofit agencies;
8
(ii) Do not condition the provision of assistance, the amount of
9
assistance provided or the cost of assistance provided on the in-
10
dividual recipient's income or resources; and
11
(iii) Are necessary for the protection of life or public safety;
12
(f) For prenatal care;
13
(g) For postnatal care not to exceed twelve (12) months; or
14
(h) For food assistance for a dependent child under eighteen (18) years
15
of age.
16
17
digent program, the limitations contained in section 31-3502(18)B., Idaho
18
Code, shall apply.
19
(4) An agency or a political subdivision shall verify the lawful pres-
20
ence in the United States of each applicant eighteen (18) years of age or
21
older for federal public benefits or state or local public benefits by:
22
(a) Employing electronic means to verify an applicant is legally
23
present in the United States; or
24
(b) Requiring the applicant to provide:
25
(i) An Idaho driver's license or an Idaho identification card
26
issued pursuant to section 49-2444, Idaho Code;
27
(ii) A valid driver's license or similar document issued for the
28
purpose of identification by another state or territory of the
29
United States, if such license or document contains a photograph
30
of the individual or such other personal identifying information
31
relating to the individual that the director of the department of
32
health and welfare or, with regard to unemployment compensation
33
benefits, the director of the department of labor finds, by rule,
34
sufficient for purposes of this section;
35
(iii) A United States military card or a military dependent's
36
identification card;
37
(iv) A United States coast guard merchant mariner card;
38
(v) A native American tribal document;
39
(vi) A copy of an executive office of immigration review, immi-
40
gration judge or board of immigration appeals decision, granting
41
asylee status;
42
(vii) A copy of an executive office of immigration review, immi-
43
gration judge or board of immigration appeals decision, indicat-
44
ing that the individual may lawfully remain in the United States;
45
(viii) Any United States citizenship and immigration service-is-
46
sued document showing refugee or asylee status or that the indi-
47
vidual may lawfully remain in the United States;
48
(ix) Any department of state or customs and border protection-is-
49
sued document showing the individual has been permitted entry into
50
the United States on the basis of refugee or asylee status, or on
30
1
any other basis that permits the individual to lawfully enter and
2
remain in the United States; or
3
(x) A valid United States passport; and
4
(c) Requiring the applicant to provide a valid social security number
5
that has been assigned to the applicant; and
6
(d) Requiring the applicant to attest, under penalty of perjury and on
7
a form designated or established by the agency or the political subdivi-
8
sion, that:
9
(i) The applicant is a United States citizen or legal permanent
10
resident; or
11
(ii) The applicant is otherwise lawfully present in the United
12
States pursuant to federal law.
13
(5) Notwithstanding the requirements of subsection (4)(b) of this sec-
14
tion, the agency or political subdivision may establish by appropriate legal
15
procedure such rules or regulations to ensure that certain individuals law-
16
fully present in the United States receive authorized benefits including,
17
but not limited to, homeless state citizens.
18
(6) For an applicant who has attested pursuant to subsection (4)(d) of
19
this section stating that the applicant is an alien lawfully present in the
20
United States, verification of lawful presence for federal public benefits
21
or state or local public benefits shall be made through the federal system-
22
atic alien verification of entitlement program, which may be referred to as
23
the "SAVE" program, operated by the United States department of homeland se-
24
curity or a successor program designated by the United States department of
25
homeland security. Until such verification of lawful presence is made, the
26
attestation may be presumed to be proof of lawful presence for purposes of
27
this section.
28
(a) Errors and significant delays by the SAVE program shall be reported
29
to the United States department of homeland security to ensure that the
30
application of the SAVE program is not wrongfully denying benefits to
31
legal residents of this state.
32
(b) Agencies or political subdivisions may adopt variations of the re-
33
quirements of subsection (4)(d) of this section to improve efficiency
34
or reduce delay in the verification process or to provide for adjudica-
35
tion of unique individual circumstances in which the verification pro-
36
cedures in this section would impose unusual hardship on a legal resi-
37
dent of this state; except that the variations shall be no less strin-
38
gent than the requirements of subsection (4)(d) of this section.
39
(c) A person who knowingly makes a false, fictitious or fraudulent
40
statement or representation in an attestation executed pursuant to sub-
41
section (4)(d) or (6) paragraph (b) of this subsection or who knowingly
42
provides a social security number that has not been assigned to him pur-
43
suant to subsection (4)(c) of this section shall be:
44
(i) Guilty of a misdemeanor for the first and second offense; and
45
(ii) Guilty of a felony for each subsequent offense.
46
(7) An agency or political subdivision may accept as prima facie evi-
47
dence of an applicant's lawful presence in the United States the information
48
required in subsection (4) of this section, as may be modified by subsection
49
(5) of this section, when issuing a professional license or a commercial li-
50
cense.
31
1
SECTION 59. That Section 72-1003, Idaho Code, be, and the same is hereby
2
amended to read as follows:
3
72-1003. DEFINITIONS. As used in this chapter:
4
(1) "Claimant" means any of the following claiming compensation under
5
this chapter:
6
(a) A victim;
7
(b) A dependent of a deceased victim; or
8
(c) An authorized person acting on behalf of any of them, including par-
9
ent(s), legal guardian(s), and sibling(s), of a victim who is a minor.
10
(2) "Collateral source" means a source of benefits, other than welfare
11
benefits, or advantages for economic loss otherwise compensable under this
12
chapter which that the claimant has received or which that is readily avail-
13
able to him from:
14
(a) The offender;
15
(b) The government of the United States or any agency thereof, a state
16
or any of its political subdivisions, or an instrumentality of two (2)
17
or more states, unless the law providing for the benefits or advantages
18
makes them excess or secondary to benefits under this chapter;
19
(c) Social security, medicare, and medicaid;
20
(d) Worker's compensation;
21
(e) Wage continuation programs of any employer;
22
(f) Proceeds of a contract of insurance payable to the claimant for loss
23
which that was sustained because of the criminally injurious conduct;
24
or
25
(g) A contract, including an insurance contract, providing hospital
26
and other health care services or benefits for disability. Any such
27
contract in this state may not provide that benefits under this chapter
28
shall be a substitute for benefits under the contract or that the con-
29
tract is a secondary source of benefits and benefits under this chapter
30
are a primary source.
31
(3) "Commission" means the industrial commission.
32
(4) "Criminally injurious conduct" means intentional, knowing, or
33
reckless conduct that:
34
(a) Occurs or is attempted in this state or occurs outside the state of
35
Idaho against a resident of the state of Idaho and which that occurred
36
in a state which that does not have a crime victims compensation pro-
37
gram for which the victim is eligible as eligibility is set forth in this
38
statute;
39
(b) Constitutes an act of terrorism, as defined by 18 U.S.C. 2331, com-
40
mitted outside the United States against a resident of this state;
41
(c) Results in injury or death; and
42
(d) Is punishable by fine, imprisonment, or death or would be so punish-
43
able but for the fact that the person engaging in the conduct lacked ca-
44
pacity to commit the crime under the laws of this state. Criminally in-
45
jurious conduct does not include conduct arising out of the ownership,
46
maintenance, or use of a motor vehicle except when intended to cause
47
personal injury or death; provided that criminally injurious conduct
48
shall include violations of the provisions of section 18-4006 3(b),
49
18-8004, 18-8006, 18-8007, 67-7027, 67-7034 or 67-7035, Idaho Code.
32
1
(5) "Dependent" means a natural person who is recognized under the law
2
of this state to be wholly or partially dependent upon the victim for care or
3
support and includes a child if under the age of eighteen (18) years or inca-
4
pable of self-support and unmarried and includes a child of the victim con-
5
ceived before the victim's death but born after the victim's death, includ-
6
ing a child that is conceived as a result of the criminally injurious con-
7
duct.
8
(6) "Extenuating circumstances" means that a victim requires further
9
mental health treatment due to trauma arising out of covered criminal con-
10
duct in order to perform major life functions or the activities of daily liv-
11
ing.
12
(7) "Injury" means actual bodily harm or disfigurement and, with re-
13
spect to a victim, includes pregnancy, venereal disease, mental or nervous
14
shock, or extreme mental distress. For the purposes of this chapter, "ex-
15
treme mental distress" means a substantial personal disorder of emotional
16
processes, thought or cognition which that impairs judgment, behavior or
17
ability to cope with the ordinary demands of life.
18
(8) "Victim" means a person who suffers injury or death as a result of:
19
(a) Criminally injurious conduct;
20
(b) His good faith effort to prevent criminally injurious conduct; or
21
(c) His good faith effort to apprehend a person reasonably suspected of
22
engaging in criminally injurious conduct.
23
(9) "Welfare benefits" as used in subsection (2) of this section, shall
24
include sums payable to or on behalf of an indigent person under chapter 35,
25
title 31, Idaho Code.
26
SECTION 60. That Section 31-3503B, Idaho Code, be, and the same is
27
hereby amended to read as follows:
28
31-3503B. RECIPROCAL AGREEMENTS -- OUT-OF-STATE TREATMENT. (1) The
29
governor of the state of Idaho or his or her designee is empowered to negoti-
30
ate reciprocal agreements with other states for the provision of necessary
31
medical services for residents of this and other states.
32
(2) No payment shall be made for necessary medical services to an
33
out-of-state provider unless a reciprocal agreement has been entered into
34
by the governor of this state, or unless contracted for pursuant to sections
35
31-3520 and 31-3522, Idaho Code.
36
SECTION 61. An emergency existing therefor, which emergency is hereby
37
declared to exist, Sections 1, 3, 4, 50, 51, 53, 55, and 56 of this act shall
38
be in full force and effect on and after passage and approval.
39
SECTION 62. Section 16 of this act shall be in full force and effect on
40
and after July 1, 2020.
41
SECTION 63. Sections 2, 5 through 15, 17 through 49, 52, 54, and 57
42
through 60 of this act shall be in full force and effect on and after July 1,
43
2021.