reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 1 - PAYMENT FOR SKILLED AND INTERMEDIATE SERVICES › Part D - MISCELLANEOUS › Section 56-132 - DISPUTES.

56-132. DISPUTES. (a) If any facility wishes to contest the way in which a rule or contract provision relating to the prospective, cost-related reimbursement system was applied to such facility by the director, it shall first pursue the administrative review process set forth in section 56-133, Idaho Code.
(b) The administrative review process in section 56-133, Idaho Code, need not be exhausted if a facility wishes to challenge the legal validity of a statute, rule, or contract provision.
History:
[56-132, added 1981, ch. 159, sec. 1, p. 280.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 1 - PAYMENT FOR SKILLED AND INTERMEDIATE SERVICES › Part D - MISCELLANEOUS › Section 56-133 - ADMINISTRATIVE REVIEW PROCESS.

56-133. ADMINISTRATIVE REVIEW PROCESS. (a) Within thirty (30) days after a facility is notified of an action or determination it wishes to challenge, such facility shall request in writing that the director review such determination. The request shall be signed by the licensed administrator of the facility, shall identify the challenged determination and the date thereof, and shall state as specifically as practicable the grounds for its contention that the determination was erroneous. Copies of any documentation on which such facility intends to rely to support its position shall be included with the request.
(b) After receiving a request meeting the above criteria, the director will contact the facility to schedule a conference for the earliest mutually convenient time. The conference shall be scheduled for no later than thirty (30) days after a properly-completed request is received, unless both parties agree in writing to a specified later date.
(c) The facility and the director shall attend the conference. In addition, representatives selected by the facility may attend and participate. The facility shall bring to the conference, or provide to the director in advance of the conference, any documentation on which the facility intends to rely to support its contentions. The parties shall clarify and attempt to resolve the issues at the conference. If additional documentation is needed to resolve the issues, a second session of the conference shall be scheduled for not later than thirty (30) days after the initial session, unless both parties agree in writing to a specific later date.
(d) A written decision by the director will be furnished to the facility within thirty (30) days after the conclusion of the conference.
(e) If the facility desires review of an adverse decision of the director, it shall, within twenty-eight (28) days following receipt of such decision, request a hearing in writing on the contested matter, in accordance with the provisions of chapter 52, title 67, Idaho Code.
History:
[56-133, added 1981, ch. 159, sec. 1, p. 280; am. 1993, ch. 216, sec. 94, p. 664.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 1 - PAYMENT FOR SKILLED AND INTERMEDIATE SERVICES › Part D - MISCELLANEOUS › Section 56-134 - DENIAL, SUSPENSION, REVOCATION OF LICENSE OR PROVISIONAL LICENSE — PENALTY.

56-134. DENIAL, SUSPENSION, REVOCATION OF LICENSE OR PROVISIONAL LICENSE — PENALTY. The director is authorized to deny, suspend, or revoke a license or provisional license or, in lieu thereof or in addition thereto, assess monetary penalties of a civil nature not to exceed one thousand dollars ($1,000) per violation in any case in which it finds that the facility, or any partner, officer, director, owner of five per cent (5%) or more of the assets of the facility, or managing employee:
(1) Failed or refused to comply with the requirements of this chapter, or the rules and regulations established hereunder; or
(2) Has knowingly or with reason to know made a false statement of a material fact in any record required by this chapter; or
(3) Refused to allow representatives or agents of the director to inspect all books, records, and files required to be maintained by the provisions of this chapter, or to inspect any portion of the facility’s premises; or
(4) Wilfully prevented, interferred [interfered] with, or attempted to impede in any way the work of any duly authorized representative of the director and the lawful enforcement of any provision of this chapter; or
(5) Wilfully prevented or interferred [interfered] with any representative of the director in the preservation of evidence of any violation of any of the provisions of this chapter, or the rules and regulations promulgated hereunder.
History:
[56-134, added 1981, ch. 159, sec. 1, p. 280.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 1 - PAYMENT FOR SKILLED AND INTERMEDIATE SERVICES › Part D - MISCELLANEOUS › Section 56-134A - REMEDIES FOR DEFICIENT CARE.

56-134A. REMEDIES FOR DEFICIENT CARE. If the director finds that a facility is deficient in, or no longer meets, any of the requirements of participation set forth in 42 U.S.C. 1396r(b), (c) and (d), which are hereby incorporated by reference, the director has the authority, as provided in title XIX of the social security act, to:
(1) terminate the facility’s participation in the medicaid program;
(2) deny payment;
(3) assess and collect a civil money penalty with interest;
(4) appoint temporary management of the facility;
(5) close the facility and/or transfer residents to another certified facility;
(6) direct a plan of correction;
(7) ban admission of persons with certain diagnoses or requiring specialized care;
(8) ban all admissions to the facility;
(9) assign monitors to the facility; or
(10) reduce the licensed bed capacity.
History:
[56-134A, added 1990, ch. 303, sec. 1, p. 833.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 1 - PAYMENT FOR SKILLED AND INTERMEDIATE SERVICES › Part D - MISCELLANEOUS › Section 56-135 - ADOPTION OF RULES.

56-135. ADOPTION OF RULES. The director shall adopt, promulgate, amend, and rescind such administrative rules as are necessary to carry out the policies and purposes of this chapter, as provided in chapter 52, title 67, Idaho Code.
History:
[56-135, added 1981, ch. 159, sec. 1, p. 281.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-202 - DUTIES OF DIRECTOR OF STATE DEPARTMENT OF HEALTH AND WELFARE.

56-202. DUTIES OF DIRECTOR OF STATE DEPARTMENT OF HEALTH AND WELFARE. The director of the state department of health and welfare shall:
(a) Administer public assistance and social services to eligible people;
(b) Promulgate, adopt and enforce such rules and such methods of administration as may be necessary or proper to carry out the provisions of title 56, Idaho Code, except as provided in section 56-203A, Idaho Code;
(c) Conduct research and compile statistics relating to public welfare;
(d) Prepare for the governor and legislature an annual report of activities and expenditures; make such reports in such form and containing such information as the federal government may from time to time require; and comply with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of such reports;
(e) Cooperate with the federal government through its appropriate agency or instrumentality in establishing, extending, and strengthening services for the protection and care of homeless, dependent, and neglected children, and children in danger of becoming delinquent; and to undertake other services for children authorized by law;
(f) Cooperate with the federal government through its appropriate agency or instrumentality in establishing and maintaining a comprehensive system of in-home services as defined in section 67-5006, Idaho Code, designed to assist older persons, as defined in section 67-5006, Idaho Code, of Idaho to continue living in an independent and dignified home environment and to undertake other services for older persons as authorized by law;
(g) Exercise the opt out provision in section 115 of the personal responsibility and work opportunity reconciliation act of 1996, P.L. 104-193. Consistent with this, the department may provide food stamps and services funded under title 4A (including cash assistance, TANF supportive services and at risk payments) to a person who has been convicted of a felony involving a controlled substance as defined in chapter 27, title 37, Idaho Code, if they comply with the terms of a withheld judgment, probation or parole.
History:
[56-202, added 1941, ch. 181, sec. 2, p. 379; am. 1945, ch. 109, sec. 2, p. 165; am. 1967, ch. 373, sec. 14, p. 1071; am. 1976, ch. 9, sec. 6, p. 28; am. 1980, ch. 325, sec. 10, p. 832; am. 1982, ch. 155, sec. 1, p. 421; am. 1996, ch. 50, sec. 2, p. 148; am. 2000, ch. 198, sec. 1, p. 489; am. 2004, ch. 257, sec. 1, p. 732.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-203 - POWERS OF STATE DEPARTMENT.

56-203. POWERS OF STATE DEPARTMENT. The state department shall have the power to:
(1) Enter into contracts and agreements with the federal government through its appropriate agency or instrumentality whereby the state of Idaho shall receive federal grants-in-aid or other benefits for public assistance or public welfare purposes under any act or acts of congress heretofore or hereafter enacted;
(2) Cooperate with the federal government in carrying out the purposes of any federal acts pertaining to public assistance or welfare services, and in other matters of mutual concern;
(3) Cooperate with county governments and other branches of government and other agencies, public or private, in administering and furnishing public welfare services;
(4) Enter into reciprocal agreements with other states relative to the provisions of public assistance and welfare services to residents and nonresidents;
(5) Initiate and administer public assistance and social services for persons with physical or mental disabilities;
(6) Establish such requirements of residence for public assistance under this chapter as may be deemed advisable, subject to any limitations imposed in this chapter;
(7) Define persons entitled to medical assistance in such terms as will meet requirements for federal financial participation in medical assistance payments;
(8) Accept the legal custody of children committed to it by district courts of this state under the child protective act, to provide protective supervision as defined therein, to place children for adoption when such children are in the legal custody of the state department and are legally available for adoption, and to exercise consent to adoption when the authority to do so is vested in the department by court order or legally authorized parental relinquishment;
(9) Determine the amount, duration and scope of care and services to be purchased as medical assistance on behalf of needy eligible individuals;
(10) Manage and operate the southwest Idaho treatment center at Nampa, Idaho; and
(11) Manage and operate state hospital north at Orofino, Idaho; state hospital south at Blackfoot, Idaho; and state hospital west at Nampa, Idaho.
History:
[56-203, added 1941, ch. 181, sec. 3, p. 379; am. 1945, ch. 109, sec. 3, p. 165; am. 1959, ch. 241, sec. 1, p. 523; am. 1961, ch. 217, sec. 2, p. 346; am. 1963, ch. 325, sec. 1, p. 936; am. 1966 (2nd E.S.), ch. 11, sec. 2, p. 28; am. 1967, ch. 373, sec. 15, p. 1071; am. 1967 (1st E.S.), ch. 5, sec. 2, p. 23; am. 1972, ch. 44, sec. 6, p. 67; am. 1973, ch. 161, sec. 1, p. 306; am. 2010, ch. 235, sec. 44, p. 583; am. 2011, ch. 102, sec. 2, p. 261; am. 2022, ch. 60, sec. 2, p. 184.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-203A - AUTHORITY OF DEPARTMENT TO ENFORCE CHILD SUPPORT — SUPPORT ENFORCEMENT SERVICES.

56-203A. AUTHORITY OF DEPARTMENT TO ENFORCE CHILD SUPPORT — SUPPORT ENFORCEMENT SERVICES. Whenever the department receives an application for public assistance on behalf of a child and it shall appear to the satisfaction of the department that said child has been abandoned by its parents, or that the child and one (1) parent have been abandoned by the other parent, or that the parent or other person who has a responsibility for the care, support or maintenance of such child has failed or neglected to give proper care or support to such child, the department shall take appropriate action under the provisions of this chapter, the abandonment or nonsupport statutes, or other appropriate statutes of this state to ensure that such parent or other person responsible shall pay for the care, support or maintenance of said dependent child.
The department may accept applications for support enforcement services on behalf of persons who are not recipients of public assistance and may take action as it deems appropriate to establish, modify or enforce support obligations against persons owing a duty to pay support. Action to establish support obligations may be taken under the abandonment or nonsupport statutes or other appropriate statutes of this state.
The department may charge fees to compensate it for services rendered in establishment of or enforcement of support obligations. The director shall, by rule, establish reasonable fees for support enforcement services, and said schedules of fees shall be made available to all applicants for support enforcement services. The department may, on showing of necessity, waive or defer any such fee.
Effective October 1, 1998, the department shall maintain a state case registry that contains records of each case in which enforcement services are being provided under this section and each child support order established or modified in the state from and after that date. Effective the same date, the department shall collect and disburse payments for all support orders related to cases for which services are provided under this section and each child support order established or modified after January 1, 1994, that is subject to income withholding orders. For child support orders established prior to January 1, 1994, at the option of each county and upon payment of the cost of the service, the department shall collect and disburse payments.
History:
[56-203A, as added by 1975, ch. 264, sec. 2, p. 712; am. 1990, ch. 327, sec. 1, p. 898; am. 1998, ch. 249, sec. 1, p. 814.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-203C - POWERS OF DEPARTMENT.

56-203C. POWERS OF DEPARTMENT. (1) In order to carry out its responsibilities imposed under this chapter and title IV-D of the social security act, the state department of health and welfare, through the attorney general or the respective county prosecuting attorney, or through private counsel is hereby authorized to take the following action:
(a) Petition to establish an order for support including medical support and support for a period during which a child received public assistance;
(b) Petition to establish paternity and order genetic testing of any individual involved in the paternity action;
(c) Petition to modify an order for support in accordance with the Idaho child support guidelines at the request of an obligor, obligee or state agency providing services under title IV-D of the social security act;
(d) Petition to enforce an order for support of a child or a spouse or former spouse who is living with a child for whom the individual also owes support; and
(e) Intervene in a divorce or separate maintenance action or proceedings supplemental thereto, for the purpose of advising the court regarding support of a child or advising the court as to the financial interest of the state of Idaho therein without necessity of further leave of the court.
(f) Other services as required by title IV-D of the social security act.
(2) The department of health and welfare is not authorized to provide services regarding visitation or custody of a child unless so authorized by title IV-D of the social security act.
(3) In any action taken under this section, the prevailing party may, at the discretion of the court, be allowed reasonable attorney’s fees and costs to be set by the court.
History:
[56-203C, as added by 1975, ch. 264, sec. 4, p. 712; am. 1979, ch. 201, sec. 1, p. 581; am. 1986, ch. 222, sec. 3, p. 603; am. 1990, ch. 361, sec. 6, p. 978; am. 1996, ch. 221, sec. 1, p. 725; am. 1997, ch. 195, sec. 2, p. 553.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-203E - LOTTERY PRIZE SET-OFF PROCEDURE FOR SUPPORT DEBT.

56-203E. LOTTERY PRIZE SET-OFF PROCEDURE FOR SUPPORT DEBT. (1) The Idaho state lottery shall immediately withhold, set-off and transfer prize moneys of a lottery prize winner to the department of health and welfare upon notification and verification from the department of health and welfare to collect a support delinquency. The set-off or withholding of a prize shall be final only after the following conditions have been met:
(a) A delinquency exists, which shall be defined as any unpaid child or spousal support including public assistance, pursuant to a court order from this state or a court or administrative order of another state.
(b) The department of health and welfare, bureau of child support enforcement, shall forward to the Idaho state lottery the full name and social security number of the obligor and the amount of the delinquent child support. The Idaho state lottery shall notify the department of health and welfare of the amount of the prize withheld to satisfy the child support delinquency and the prize winner’s address.
(c) The department of health and welfare shall provide notice of the proposed set-off by registered or certified mail to the prize winner at the address provided to the Idaho state lottery. Within fourteen (14) days after such notice has been mailed (not counting Saturday, Sunday or state holidays as the 14th day) the prize winner may file a protest in writing requesting a hearing before the department of health and welfare. The hearing shall be held within thirty-five (35) days from the date of the mailing of the original notice. No issues at that hearing may be considered that have been litigated previously. The department of health and welfare shall issue its findings and decision either at the hearing or by mail to the prize winner within ten (10) days of the hearing.
(d) After the decision of the department of health and welfare is issued, or if the prize winner has failed to file a timely protest of the claim, the set-off procedure shall become final.
(2) The proceeds from the set-off shall be credited to an account designated by the department of health and welfare, and notice shall be given to the appropriate clerk of the district court.
History:
[56-203E, added 1990, ch. 153, sec. 2, p. 338; am. 2013, ch. 250, sec. 1, p. 608.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-203F - REGISTRATION OF FOREIGN SUPPORT ORDERS.

56-203F. REGISTRATION OF FOREIGN SUPPORT ORDERS. Notwithstanding any other provision of law, the state department of health and welfare shall register a family support order or family support agreement originating in a foreign country prior to taking enforcement action on the resulting family support obligation. A foreign support order or foreign support agreement shall be registered pursuant to the provisions of chapter 10, title 7, Idaho Code.
History:
[56-203F, added 2015, 1st E.S., ch. 1, sec. 66, p. 32.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-204A - SERVICES FOR CHILDREN.

56-204A. SERVICES FOR CHILDREN. The state department is hereby authorized and directed to maintain, by the adoption of appropriate rules and regulations, activities which, through social casework and the use of other appropriate and available resources, shall embrace:
(a) Protective services on behalf of children whose opportunities for normal physical, social and emotional growth and development are endangered for any reason;
(b) Services for unmarried parents, which may be necessary to assure or provide adequate care, and to safeguard the rights and promote the well-being of such parents and their infants;
(c) Services on behalf of children in their own homes to help overcome problems that may result in dependency, neglect or delinquency, and to strengthen parental care and supervision; and
(d) Undertaking care of, and planning for children including those committed to the state department by the courts.
Such rules and regulations shall provide for:
(1) Receiving from any source and investigating all reasonable reports or complaints of neglect, abuse, exploitation or cruel treatment of children;
(2) Initiation of appropriate services and action where indicated with parents or other persons for the protection of children exposed to neglect, abuse, exploitation or cruel treatment;
(3) Filing pleadings with appropriate courts in cases requiring court action;
(4) Arrangements for prenatal care of unmarried expectant mothers and payment for such care when necessary for the well-being of the parents and infant;
(5) Counseling with unmarried parents in relation to their plans for their children, including assisting parents to reach a decision concerning relinquishment through an understanding of what would be best for the child and themselves;
(6) Services and assistance for minor unmarried parents;
(7) Services on behalf of children in their own homes to strengthen parental care and supervision;
(8) Specifying the conditions under which payment shall be made for the purchase of services and care for children, such as medical, psychiatric or psychological services and foster family or institutional care, group care, homemaker service, or day care;
(9) Procedures to be observed in planning and caring for or placing for adoption a child committed to the state department following the termination of his parent-child relationship;
(10) The establishment of appropriate administrative procedures for the conduct of administrative reviews and hearings as required by federal statute for all children committed to the department and placed in out of home care.
History:
[56-204A, added 1963, ch. 325, sec. 2, p. 936; am. 1989, ch. 217, sec. 1, p. 526; am. 1989, ch. 218, sec. 6, p. 531; am. 1992, ch. 341, sec. 5, p. 1036.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-204B - TEMPORARY SHELTER CARE.

56-204B. TEMPORARY SHELTER CARE. The state department shall provide places of shelter as authorized by law for the placement of children for temporary care who have been brought into the custody of the magistrate courts or who have been taken into custody for their protection by peace officers. Such places of shelter may be maintained by the state department or may be licensed foster family homes or licensed foster institutional facilities employed or retained for shelter care by the state department.
History:
[56-204B, added 1963, ch. 325, sec. 3, p. 936; am. 1974, ch. 233, sec. 2, p. 1590; am. 2001, ch. 107, sec. 20, p. 370.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-206 - GENERAL ASSISTANCE.

56-206. GENERAL ASSISTANCE. Public assistance awarded under the terms of this act which is not classified as old-age assistance, or aid to the blind, or assistance to families with children, or aid to the disabled, or medical assistance, shall be designated as general assistance.
History:
[56-206, added 1941, ch. 181, sec. 6, p. 379; am. 1966 (2nd E.S.), ch. 11, sec. 3, p. 28; am. 1996, ch. 50, sec. 4, p. 149.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-207 - OLD-AGE ASSISTANCE.

56-207. OLD-AGE ASSISTANCE. Old-age assistance shall be awarded to needy people who have attained the age of sixty-five (65) years, are residents of the state, and who are not inmates of public institutions at the time of receiving assistance except as patients in public medical institutions and who are not patients in any institution for tuberculosis or for mental diseases or who are not patients in any medical institution as a result of having been diagnosed as having tuberculosis or psychosis.
History:
[56-207, added 1941, ch. 181, sec. 7, p. 379; am. 1951, ch. 246, sec. 1, p. 520; am. 1974, ch. 233, sec. 4, p. 1590.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-208 - AID TO THE BLIND.

56-208. AID TO THE BLIND. Aid to the blind shall be awarded to needy people who have no vision, or whose vision is so defective as to prevent the performance of ordinary activities for which eyesight is essential, who are not receiving old-age assistance, and who are not inmates of public institutions at the time of receiving assistance.
History:
[56-208, added 1941, ch. 181, sec. 8, p. 379; am. 1974, ch. 233, sec. 5, p. 1590.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-209 - ASSISTANCE TO FAMILIES WITH CHILDREN.

56-209. ASSISTANCE TO FAMILIES WITH CHILDREN. The director of the department is authorized to promulgate rules establishing assistance programs for eligible families, including temporary cash assistance, which will promote personal responsibility and self-sufficiency. The department shall define eligibility and other requirements of participation, and may establish time limitations, in conformity with federal law and regulation. The amount and duration of assistance shall be based on available funding.
History:
[56-209, added 1996, ch. 50, sec. 6, p. 149.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-209a - AID TO THE DISABLED.

56-209a. AID TO THE DISABLED. Aid to the disabled shall be awarded to needy persons who are disabled and whose disability prevents self-support through employment for a period of at least one (1) year from the date of onset of the disability, but who are not inmates of public institutions (except as patients in medical institutions) and who are not patients in an institution for tuberculosis or mental diseases or who are not patients in any medical institution as a result of having been diagnosed as having tuberculosis or psychosis.
History:
[56-209a, as added by 1961, ch. 217, sec. 3, p. 346; am. 1974, ch. 233, sec. 7, p. 1590; am. 1978, ch. 246, sec. 3, p. 539.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-209c - DENIAL OF PAYMENT FOR ABORTIONS UNDER CERTAIN CONDITIONS.

56-209c. DENIAL OF PAYMENT FOR ABORTIONS UNDER CERTAIN CONDITIONS. No funds available to the department of health and welfare, by appropriation or otherwise, shall be used to pay for abortions, unless it is the recommendation of one (1) consulting physician that an abortion is necessary to save the life of the mother, or unless the pregnancy is a result of rape, as defined in section 18-6101, Idaho Code, or incest as determined by the courts.
History:
[56-209c, added 1977, ch. 321, sec. 1, p. 898; am. 2001, ch. 273, sec. 3, p. 997.; am. 2011, ch. 152, sec. 2, p. 437.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-209d - MEDICAL ASSISTANCE PROGRAM — SERVICES TO BE PROVIDED — EXPERIMENTAL SERVICES OR PROCEDURES EXCLUDED.

56-209d. MEDICAL ASSISTANCE PROGRAM — SERVICES TO BE PROVIDED — EXPERIMENTAL SERVICES OR PROCEDURES EXCLUDED. Notwithstanding any other provision of this chapter, medical assistance shall increase:
(1) Payment as determined under rules established by the director from forty (40) days per fiscal year to unlimited days of inpatient hospital care per state fiscal year.
(2) Payment as determined under rules established by the director from thirty dollars ($30.00) per month to an unlimited amount of prescribed drugs for each recipient.
(3) Provision of eligibility for medical assistance for residents of skilled and intermediate care facilities who meet the medical criteria for medical assistance, from those with countable income of two hundred one and two-tenths percent (201.2%) to those with countable income of three hundred percent (300%) of the SSI standard.
(4) Payment, as authorized by title XIX of the social security act, as amended, and as determined under rules established by the director for:
(a) Durable medical equipment.
(b) Soft organ transplants.
(c) Adult dental services.
(d) Adult vision services.
(e) Adult hearing services.
(f) Prosthetics.
(g) Assistive and augmentative communication devices.
(5) Payment for breast and cervical cancer-related treatment services for persons who are eligible for screening for these cancers under the federal centers for disease control and prevention’s national breast and cervical cancer early detection program, and are eligible for medical assistance pursuant to the provisions of the federal "Breast and Cervical Cancer Prevention and Treatment Act of 2000" (Pub. L. 106-354).
(6) The cost of physician, hospital or other services deemed experimental are excluded from coverage. The director may allow coverage of procedures or services deemed investigational if the procedures or services are as cost effective as traditional, standard treatments.
History:
[56-209d, added 1987, ch. 170, sec. 2, p. 336; am. 1991, ch. 233, sec. 15, p. 561, sec. 18, p. 563; am. 1995, ch. 41, sec. 1, p. 62; am. 1999, ch. 132, sec. 1, p. 378; am. 2001, ch. 205, sec. 1, p. 698; am. 2005, ch. 294, sec. 1, p. 933.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-209f - STATE FINANCIAL ASSISTANCE PROGRAM FOR MEDICALLY INDIGENT RESIDENTS.

56-209f. STATE FINANCIAL ASSISTANCE PROGRAM FOR MEDICALLY INDIGENT RESIDENTS. Beginning October 1, 1991, subject to the requirements and limitations of chapter 35, title 31, Idaho Code, the state shall fund the catastrophic health care cost program from the catastrophic health care cost account which shall provide financial assistance to medically indigent residents who are not eligible under the state plan for medicaid under title XIX of the social security act or medicare under title XVIII of that act, as amended.
History:
[56-209f, added 1990, ch. 87, sec. 11, p. 182; am. 1991, ch. 233, sec. 16, p. 562; am. 2011, ch. 291, sec. 27, p. 812.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-209g - PHARMACY REIMBURSEMENT.

56-209g. PHARMACY REIMBURSEMENT. (1) Medicaid pharmacy reimbursement levels are a combination of the cost of the drug and a dispensing fee which includes such pharmaceutical care services as counseling, obtaining a patient history, documentation and dispensing. Pharmacy reimbursement levels may be adjusted in accordance with rules promulgated by the director through negotiated rulemaking with interested parties including representatives of the pharmacy profession.
(2) The department will pay the lesser of the provider’s lowest charge to the general public for a drug or the estimated acquisition cost (EAC) plus a dispensing fee.
(a) The EAC is defined by the department as the average acquisition cost (AAC) of the drug, or when no AAC is available, reimbursement will be wholesale acquisition cost (WAC).  WAC shall mean the price, paid by a wholesaler for the drugs purchased from the wholesaler’s supplier, typically the manufacturer of the drug as published by a recognized compendia of drug pricing on the last day of the calendar quarter that corresponds to the calendar quarter.
(b) The department shall establish pharmacy dispensing fee payments based on the results of surveys of pharmacies and dispensing rates paid to other payers. The dispensing fee structure will be tiered, with the tiers based on the annual medicaid claims volume of the enrolled Idaho retail pharmacy. All other pharmacy dispensing fees will be the lowest dispensing fee for the tiered structure.
(3) The AAC will be established by the department by state or national surveys to the pharmacy for the product. When surveys are requested by the department to pharmacies participating in the Idaho medicaid program, they are required to participate in these periodic state cost surveys by disclosing the costs of all drugs net of any special discounts or allowances. Participating pharmacies that refuse to respond to the periodic state surveys will be disenrolled as a medicaid provider.
History:
[56-209g, added 1995, ch. 228, sec. 1, p. 780; am. 1998, ch. 187, sec. 1, p. 682; am. 2010, ch. 296, sec. 5, p. 805; am. 2011, ch. 164, sec. 8, p. 467.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-209i - LEGISLATIVE FINDINGS.

56-209i. LEGISLATIVE FINDINGS. It is the intent of the legislature that the provisions of this act enhance the employability of participants in the temporary assistance for families in Idaho (TAFI) programs through substance abuse screening and, where appropriate, testing and treatment. The legislature finds that a significant number of employers use preemployment drug testing. Substance abuse adds to the difficulties such individuals have in securing employment. The legislature also finds that substance abuse in and of itself impairs personal responsibility and self-sufficiency and stands in the way of the very intent of the TAFI program to care for the health and welfare of certain qualified recipients and in so doing results in welfare costs that burden the state’s taxpayers. The legislature further finds that substance abuse adversely affects a significant portion of the workforce, which results in billions of dollars of lost productivity each year and poses a threat to the safety of the workplace and to the public safety and security. In balancing the interests of taxpayers, participants in the TAFI program and potential employers against the interests of those who will be screened and tested under this act, the legislature finds that screening, testing and treatment as provided for in this act are in the greater interests of all concerned.
History:
[56-209i, added 2000, ch. 467, sec. 1, p. 1447.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-209j - SUBSTANCE ABUSE SCREENING AND TESTING PROGRAMS.

56-209j. SUBSTANCE ABUSE SCREENING AND TESTING PROGRAMS. (1) The department of health and welfare shall develop for implementation in fiscal year 2001, a program to screen each applicant who is otherwise eligible for temporary cash assistance provided under this chapter, and to subject to testing any applicant or participant who the department has reasonable suspicion to believe, based on the screening or other factors, is at risk of substance abuse.
(2) Prior to the first regular session of the fifty-sixth Idaho legislature, the department shall promulgate the necessary rules, pursuant to chapter 52, title 67, Idaho Code, to govern substance abuse screening and testing for TAFI programs. Rules shall, at a minimum:
(a) Specifically address the confidentiality of the screening and test results, and provide that individual results are protected under section 74-106(6), Idaho Code, and are not subject to disclosure except to an evaluating or treating substance abuse program, and cannot be released for use in any criminal investigation or proceeding;
(b) Provide notice of screening and testing requirements to each applicant at the time of application. The notice must, at a minimum, advise the applicant that substance abuse screening and possible testing will be conducted as a condition for receiving temporary assistance or services under this chapter. The applicant shall be advised that the required screening and possible testing may be avoided if the applicant does not apply for or receive assistance or services. The screening and testing program is not applicable in child only cases;
(c) Develop procedures for substance abuse screening and testing of applicants for and recipients of temporary assistance or services under the TAFI program;
(d) Provide a procedure to advise each person to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over-the-counter medication he or she is taking;
(e) Require each person to be tested to sign a written acknowledgment that he or she has received and understood the notice and advice provided under paragraphs (a) and (d) of this subsection;
(f) Provide a procedure to assure each person being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the state’s need to ensure the reliability of the sample;
(g) Specify circumstances under which a person who tests positive has the right to take one (1) or more additional tests;
(h) Provide a procedure for appealing the results of a test by a person who tests positive, and denial of TAFI services or benefits;
(i) Provide a definition for reasonable suspicion and high risk;
(j) Delineate the substances which will be screened;
(k) Establish outcome measures which can substantiate program effectiveness.
History:
[56-209j, added 2000, ch. 467, sec. 2, p. 1448; am. 2015, ch. 141, sec. 152, p. 498.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-209k - CHILDREN.

56-209k. CHILDREN. If a parent is deemed ineligible for cash assistance due to the operation of this act, his or her dependent child’s eligibility for cash assistance is not affected.
If a parent is deemed ineligible for cash assistance due to the operation of this act, an appropriate protective payee may be established for the benefit of the child.
If the parent refuses to cooperate in establishing an appropriate protective payee for the child, the department may appoint one.
History:
[56-209k, added 2000, ch. 467, sec. 3, p. 1449.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-209l - TREATMENT PROVISIONS.

56-209l. TREATMENT PROVISIONS. The department shall refer for appropriate evaluation and provide for the treatment of any applicant or participant who, in the reasonable suspicion of the department, is engaged in substance abuse. Treatment shall be community-based and gender-specific. The department shall provide for the transportation and child care needs of the applicant if necessary. TAFI benefits or services may be denied to any applicant or participant who refuses to cooperate with reasonable screening, testing or treatment requests, or who, based on a preponderance of the evidence, engages in substance abuse following treatment. Any individual referred to treatment shall be notified of the local treatment programs appropriate to that person’s needs.
History:
[56-209l, added 2000, ch. 467, sec. 4, p. 1449.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-209o - FAILURE TO RETAIN RECORDS.

56-209o. FAILURE TO RETAIN RECORDS. (1) Whoever receives payment for treatment, services or goods under the provisions of this chapter or under the state plan pursuant to subchapter XIX or XXI, chapter 7, title 42, U.S.C., shall retain for a period of at least five (5) years all records required to be maintained by rule of the department for administration of the medicaid program.
(2) It shall be unlawful with an intent to evade or avoid the provisions of this act: to fail to retain the records specified in subsection (1) of this section for a period of at least five (5) years from the date payment was claimed or received, whichever is later; or to knowingly destroy or cause the records specified in subsection (1) of this section to be destroyed within five (5) years from the date payment was claimed or received, whichever is later. Any person who, with an intent to evade or avoid the provisions of this act, fails to retain records or destroys records or causes records to be destroyed as provided in this subsection (2), with an intent to evade or avoid the provisions of this act, shall be subject to the following criminal sanctions:
(a) If the treatment, services or goods for which records were not retained or for which records were destroyed amount to not more than one thousand dollars ($1,000), the person shall be guilty of a misdemeanor and shall be sentenced pursuant to section 18-113, Idaho Code.
(b) If the value of the treatment, services or goods for which records were not retained or for which records were destroyed is more than one thousand dollars ($1,000), the person shall be guilty of a felony and shall be sentenced pursuant to section 18-112, Idaho Code.
(c) If the records not retained or destroyed were used in whole or in part to determine a rate of payment under the program, the person shall be guilty of a misdemeanor and shall be sentenced pursuant to section 18-113, Idaho Code.
History:
[56-209o, added 2007, ch. 341, sec. 3, p. 1004.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-209p - PAYMENT FOR MIDWIFE SERVICES.

56-209p. PAYMENT FOR MIDWIFE SERVICES. A midwife licensed pursuant to chapter 55, title 54, Idaho Code, shall be entitled to payment under the rules of the medical assistance program for midwife services provided to an eligible recipient of medical assistance.
History:
[56-209p, added 2011, ch. 182, sec. 1, p. 516.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-210 - AMOUNT OF ASSISTANCE.

56-210. AMOUNT OF ASSISTANCE. (1) The amount of public assistance which any eligible person or family may receive shall be determined in accordance with the rules of the state department subject to the availability of funds for such assistance.
(2) Old age assistance, aid to the blind and aid to the permanently and totally disabled shall be granted to a person who is needy as defined by the department and who meets the nonfinancial requirements of title XVI of the social security act.
(3) The department may also increase or decrease the payment for groups of cases where the circumstances are specifically identified. The department shall be the single state agency for administration of public assistance programs or plans that receive federal funding.
History:
[56-210, added 1941, ch. 181, sec. 10, p. 379; am. 1945, ch. 109, sec. 4, p. 165; am. 1951, ch. 246, sec. 2, p. 520; am. 1953, ch. 22, sec. 1, p. 38; am. 1961, ch. 57, sec. 1, p. 85; am. 1969, ch. 30, sec. 1, p. 51; am. 1978, ch. 246, sec. 5, p. 540; am. 1981, ch. 179, sec. 2, p. 314; am. 1994, ch. 287, sec. 1, p. 906; am. 1996, ch. 50, sec. 7, p. 150; am. 1997, ch. 32, sec. 1, p. 56.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-211 - APPLICATION FOR PUBLIC ASSISTANCE — VERIFICATION FOR FEDERAL FOOD STAMP PROGRAM.

56-211. APPLICATION FOR PUBLIC ASSISTANCE — VERIFICATION FOR FEDERAL FOOD STAMP PROGRAM. (1) Application for public assistance under this act shall be made in the manner and form prescribed by the state department and the application shall contain such information bearing on the applicant’s eligibility as the state department may require and as required in subsection (2) of this section.
(2) Applicants seeking benefits under the federal food stamp program shall verify to the state department the identity of each household member the applicant lists on the application for such benefits. Identification may be verified either through readily available documentary evidence, such as a birth certificate, or through a collateral contact as set forth in federal law, 7 CFR 273.2. Upon a showing of good cause by the applicant as to why such documentary evidence or collateral contact has not been provided, the state department shall grant an extension and the applicant may receive the public assistance for which he or she has applied for one (1) month. A showing of good cause shall be required each month the applicant fails to provide the state department with the required documentary evidence or collateral contact. Good cause is not shown where a delay in providing documentary evidence or providing a collateral contact is due to illness, lack of transportation or temporary absences. The provisions of this subsection shall not apply to applicants who provide, or who have previously provided, a document as set forth in section 67-7903(4)(b)(viii) or (ix), Idaho Code.
(3) The state department may promulgate rules to implement the provisions of this section.
History:
[56-211, added 1941, ch. 181, sec. 11, p. 379; am. 2011, ch. 269, sec. 1, p. 729.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-212 - INVESTIGATION OF APPLICATION.

56-212. INVESTIGATION OF APPLICATION. Whenever the state department shall receive an application for public assistance under this act, it shall promptly make an investigation and record of the circumstances of the applicant in order to ascertain the facts supporting the application and to obtain such other information as it may require.
History:
[56-212, added 1941, ch. 181, sec. 12, p. 379.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-213 - EXAMINATION TO DETERMINE BLINDNESS.

56-213. EXAMINATION TO DETERMINE BLINDNESS. No application for aid to the blind shall be approved until an ophthalmologist or physician skilled in diseases of the eye, or an optometrist, approved or designated by the state department, shall have examined the applicant and shall have certified his findings in the manner and form required by the state department.
History:
[56-213, added 1941, ch. 181, sec. 13, p. 379; am. 1951, ch. 246, sec. 3, p. 520.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-214A - AWARD OF PUBLIC ASSISTANCE — RECIPIENT’S RIGHT OF FREE CHOICE.

56-214A. AWARD OF PUBLIC ASSISTANCE — RECIPIENT’S RIGHT OF FREE CHOICE. If an award of public assistance which includes an eye examination is made to or in behalf of an individual, that individual or his legal custodian shall have the right to select any practitioner to perform such examination who is licensed by the state of Idaho to perform eye examinations. Whenever such an award is applied for or approved, the state department or its personnel shall not recommend any practitioner or system of practice from among those licensed to perform eye examinations.
History:
[56-214A, added 1963, ch. 8, sec. 1, p. 19; am. 1965, ch. 62, sec. 1, p. 97.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-215 - REDETERMINATION OF AWARDS.

56-215. REDETERMINATION OF AWARDS. Awards of public assistance may be changed or withdrawn whenever the circumstances have altered sufficiently to warrant such action. If at any time during the continuance of public assistance the recipient thereof becomes possessed of income or resources in excess of the amount previously reported by him, it shall be his duty to notify the state department of this fact immediately on the receipt or possession of such additional income or resources.
History:
[56-215, added 1941, ch. 181, sec. 15, p. 379.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-216 - APPEAL AND FAIR HEARING.

56-216. APPEAL AND FAIR HEARING. An applicant or recipient aggrieved because of the state department’s decision or delay in making a decision shall be entitled to appeal to the state department in the manner prescribed by it and shall be afforded reasonable notice and opportunity for a fair hearing by the state department.
History:
[56-216, added 1941, ch. 181, sec. 16, p. 379.]