reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-217 - COOPERATIVE AGREEMENTS.

56-217. COOPERATIVE AGREEMENTS. The state department and the several counties of the state or other branches of state, county or municipal government are authorized to enter into cooperative agreements, through their appropriate officials, with respect to the administration of public assistance and social services. Among other things such an agreement may provide for:
(a) The assumption by the state department of responsibilities involving public assistance or social services ordinarily incumbent upon the county or other branch of government;
(b) The direct administration through the state department of any form of public assistance or care of the poor now or hereafter authorized to be granted by a county, but subject to the financial control of the county;
(c) Mutual financial participation in programs of public assistance and social services in conformity with regulations of the department.
(d) The intake and investigation of applications for public assistance by the appropriate office of the state department;
(e) The granting of public assistance financed in whole or in part by county funds on the basis of policies, rules and regulations governing eligibility and amount of assistance adopted by the state department under this act.
History:
[56-217, added 1941, ch. 181, sec. 17, p. 379.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-219 - PAYMENT FOR INCOMPETENT RECIPIENT — APPOINTMENT OF GUARDIAN FOR PUBLIC ASSISTANCE.

56-219. PAYMENT FOR INCOMPETENT RECIPIENT — APPOINTMENT OF GUARDIAN FOR PUBLIC ASSISTANCE. If the recipient is under legal disability, or is incompetent or unable to handle the assistance granted him under this act, and has no other legal guardian, the district court, after due notice and hearing, shall appoint, without fee, on petition of the state department, and with the consent of the recipient’s nearest kin, next friend, natural guardian or custodian, a capable and trustworthy person as his guardian for public assistance, without bond, whose duty it shall be, without compensation, to receive and disburse the recipient’s assistance on his behalf, and to make true and accurate account thereof as often as required by regulation to the state department, and as otherwise provided by law, to the district court. Funds in the hands of such guardian shall be disbursed only for the purposes contemplated by this act, or as directed in the grant thereof.
History:
[56-219, added 1941, ch. 181, sec. 19, p. 379.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-220 - PAYMENT ON DEATH OF RECIPIENT — APPOINTMENT OF ADMINISTRATOR OF PUBLIC ASSISTANCE.

56-220. PAYMENT ON DEATH OF RECIPIENT — APPOINTMENT OF ADMINISTRATOR OF PUBLIC ASSISTANCE. In the event of the death of a recipient, leaving little or no estate requiring formal administration, but to whom a check for public assistance has been delivered prior to his death, or for whose interment burial relief has been granted, the district court, without fee, on petition of the state department, and with the consent of the deceased recipient’s nearest kin, next friend, guardian, natural guardian or custodian, after due notice and hearing, shall appoint a capable and trustwarthy [trustworthy] person as his administrator for public assistance, without bond, whose duty it shall be, without compensation, to receive and disburse the recipient’s assistance on behalf of the deceased recipient’s estate, making true and accurate account thereof to the state department and the district court. Funds in the hands of such administrator shall be disbursed only for the purposes contemplated by this act, or as directed in the grant thereof.
History:
[56-220, added 1941, ch. 181, sec. 20, p. 379.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-221 - CONFIDENTIAL CHARACTER OF PUBLIC ASSISTANCE RECORDS.

56-221. CONFIDENTIAL CHARACTER OF PUBLIC ASSISTANCE RECORDS. The rule-making power of the state department shall include the power to establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the state department. Wherever, under provisions of law, names and addresses of recipients of public assistance are furnished to or held by any state or county official, the names and addresses shall be subject to disclosure according to chapter 1, title 74, Idaho Code; but any exemption from disclosure shall not prevent the furnishing to a state or local law enforcement officer, upon his written request, with the current address of any AFDC recipient if the officer furnishes the state department with such recipient’s name and social security account number and proof that such recipient is a convicted fugitive felon or an indicted fugitive felon, or a person for whom a fugitive warrant has been issued, and that the location or apprehension of such felon or person is within the officer’s official duties, and that the request is made in the proper exercise of those duties.
History:
[56-221, added 1941, ch. 181, sec. 21, p. 379; am. 1985, ch. 64, sec. 1, p. 135; am. 1990, ch. 213, sec. 83, p. 550; am. 2015, ch. 141, sec. 153, p. 499.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-222 - MISUSE OF PUBLIC ASSISTANCE LISTS AND RECORDS.

56-222. MISUSE OF PUBLIC ASSISTANCE LISTS AND RECORDS. It shall be unlawful, except for purposes directly connected with the administration of public assistance and social services, and in accordance with the rules and regulations of the state department, for any person or persons to disclose, or make use of, or to authorize, knowingly permit, or participate in the use of, any list of names, or any information concerning, persons applying for or receiving such assistance or services, directly or indirectly derived from the records, papers, files or communications of the state or county or subdivisions or agencies thereof, or acquired in the course of the performance of official duties.
History:
[56-222, added 1941, ch. 181, sec. 22, p. 379.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-223 - PUBLIC ASSISTANCE NOT ASSIGNABLE.

56-223. PUBLIC ASSISTANCE NOT ASSIGNABLE. Public assistance awarded under this act shall not be transferable or assignable, and none of the money paid or payable under this act shall be subject to execution, attachment, or other legal process; except that the department may transfer funds to another public agency in lieu of payments to recipients, said funds to be transferred by such agency to project sponsors for payment as wages to said recipients participating in special work projects.
History:
[56-223, added 1941, ch. 181, sec. 23, p. 379; am. 1969, ch. 30, sec. 2, p. 51; am. 1997, ch. 30, sec. 1, p. 55.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-224 - RECOVERY.

56-224. RECOVERY. The department may recover the amount of any public assistance obtained by any person who was not entitled thereto. If at any time during the continuance of assistance, the recipient thereof becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient to notify the state department immediately of the receipt or possession of such property or income. Any assistance granted after the recipient has come into possession of such property or income in excess of eligibility standards, may be recovered by the state department.
On the death of a recipient who has received public assistance to which he was not entitled, or who has received public assistance in an amount greater than that to which he was entitled, by reason of possession or having come into possession of resources which he did not disclose to the department, or which had, or which acquired, a greater value than was disclosed, the total amount of such assistance paid to such recipient to which he was not entitled shall be allowed as a preferred claim against the estate of such recipient.
History:
[56-224, added 1941, ch. 181, sec. 24, p. 379; am. 1951, ch. 246, sec. 5, p. 520; am. 1997, ch. 31, sec. 1, p. 55.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-225 - REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE OF REAL PROPERTY — RULEMAKING.

56-225. REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE OF REAL PROPERTY — RULEMAKING. (1) When an individual receives medical assistance subject to recovery under this chapter and the individual is the holder of record title to real property or the purchaser under a land sale contract, the department of health and welfare may present to the county recorder for recording in the grants and conveyances records of a county a request for notice of transfer or encumbrance of the real property. The department shall adopt a rule providing prior notice and hearing rights to the record titleholder or purchaser under a land sale contract.
(2) The department shall present to the county recorder for recording a termination of request for notice of transfer or encumbrance when, in the judgment of the department, it is no longer necessary or appropriate for the department to monitor transfers or encumbrances related to the real property.
(3) The department shall adopt by rule a form for the request for notice of transfer or encumbrance and the termination of request for notice of transfer or encumbrance that, at a minimum:
(a) Contains the name of the public assistance recipient, and the spouse of such public assistance recipient, if any, and a departmental case identifier or other appropriate information that links the individual who is the holder of record title to real property or the purchaser under a land sale contract to the individual’s public assistance records;
(b) Contains the legal description of the real property;
(c) Contains a mailing address for the department to receive the notice of transfer or encumbrance; and
(d) Complies with the requirements for recording in section 55-805, Idaho Code, for those forms intended to be recorded.
(4) The request for notice of transfer or encumbrance described in this section does not affect title to real property and is not a lien on, encumbrance of, or other interest in, the real property.
History:
[56-225, added 2010, ch. 90, sec. 2, p. 175.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-227A - PROVIDER FRAUD — CRIMINAL PENALTY.

56-227A. PROVIDER FRAUD — CRIMINAL PENALTY. It shall be unlawful for any provider or person, knowingly, with intent to defraud, by means of a wilfully false statement or representation or by deliberate concealment of any material fact, or any other fraudulent scheme or device, to:
(a) present for allowance or payment any false or fraudulent claim for furnishing services or supplies; or
(b) attempt to obtain or to obtain authorization for furnishing services or supplies; or
(c) attempt to obtain or to obtain compensation from public funds greater than that to which he is legally entitled for services or supplies furnished or purportedly furnished.
Any provider or person who violates the provisions of this section shall be guilty of a felony. Nothing in this section shall prohibit or preclude a provider or person from being prosecuted under any other provision of the criminal code.
History:
[56-227A, added 1977, ch. 226, sec. 2, p. 675.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-227B - PROVIDER FRAUD — DAMAGES.

56-227B. PROVIDER FRAUD — DAMAGES. Any provider who knowingly with intent to defraud by means of false statement or representation, obtains compensation from public funds greater than that to which he is legally entitled for services or supplies furnished or purportedly furnished shall be liable for civil damages equal to three (3) times the amount by which any figure is falsely overstated. The director of the department of health and welfare or the attorney general shall have the right to cause legal action to be taken for the recovery of such damages when persuaded that a reimbursement claim for payment is falsely overstated. The burden of proof for such recovery action shall be that which is used in other civil actions for the recovery of damages. The remedy provided by this section shall be in addition to any other remedy provided by law.
If any provider of services or supplies is required to refund or repay all or part of any payment received by said provider under the provisions of this section, said refund or repayment shall bear interest from the date payment was made to such provider to the date of said refund or repayment. Interest shall accrue at the rate of ten percent (10%) per annum. The prevailing party in an action, under this section shall be awarded costs and reasonable attorney’s fees incurred in bringing or defending the action. Notwithstanding any other provision of the Idaho Code, all costs and attorney’s fees awarded to the department of health and welfare or the attorney general pursuant to this section shall be deposited into the state general fund.
History:
[56-227B, added 1977, ch. 226, sec. 3, p. 675; am. 2007, ch. 341, sec. 6, p. 1008.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-227D - FEDERAL FOOD STAMPS, ALSO KNOWN AS SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM — UNAUTHORIZED USE — EXCEPTION — DEFINITION.

56-227D. FEDERAL FOOD STAMPS, ALSO KNOWN AS SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM — UNAUTHORIZED USE — EXCEPTION — DEFINITION. (1) It is a misdemeanor for any person to buy, receive, sell, give away, dispose of, exchange or barter any federal food stamp benefits of a value less than one hundred dollars ($100).
(2) It is a felony for any person to buy, receive, sell, give away, dispose of, exchange or barter any federal food stamp benefits of a value of one hundred dollars ($100) or more.
(3) This section does not apply to any person buying, receiving, selling, giving away, disposing of, exchanging or bartering any federal food stamp benefits subsequent to the redemption of such stamps in the manner provided by state or federal law.
(4) As used in this section, federal food stamp benefits refers to food stamp benefits issued in any form by the United States department of agriculture or its duly authorized agent for the sole purpose of purchasing food.
(5) This section shall be enforced by the director of the department of health and welfare in cooperation with local law enforcement and prosecuting agencies. Such enforcement shall not be the responsibility of the medicaid fraud control unit as provided in section 56-226, Idaho Code.
History:
[56-227D, added 1981, ch. 193, sec. 1, p. 342; am. 2007, ch. 341, sec. 8, p. 1010.; am. 2011, ch. 193, sec. 1, p. 554; am. 2012, ch. 260, sec. 1, p. 722.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-227E - OBSTRUCTION OF INVESTIGATION.

56-227E. OBSTRUCTION OF INVESTIGATION. (1) An obstruction of investigation consists of knowingly:
(a) Providing false information to, or knowingly withholding information from, any person requesting such information if that person is authorized to investigate a violation of this chapter or to enforce the criminal or civil remedies of this chapter where that information is properly requested and is material to the investigation or enforcement; or
(b) Altering any document or record required to be retained pursuant to this chapter or any rule issued by the department of health and welfare, when the alteration is intended to mislead an investigation and concerns information material to that investigation.
(2) Whoever commits an obstruction of investigation shall be guilty of a felony and shall be sentenced pursuant to the provisions of section 18-112, Idaho Code.
History:
[56-227E, added 2007, ch. 341, sec. 9, p. 1011.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-228 - LIMITATIONS OF ACT.

56-228. LIMITATIONS OF ACT. All assistance awarded under this act shall be deemed to be awarded and to be held subject to the provisions of any amending or repealing act that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by any amending or repealing act.
History:
[56-228, added 1941, ch. 181, sec. 25, p. 379.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-229 - SEPARABILITY.

56-229. SEPARABILITY. If any portion of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the main portions thereof.
History:
[56-229, added 1941, ch. 181, sec. 27, p. 379.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-231 - PUBLIC ASSISTANCE IN LOCATING AND DETERMINING THE FINANCIAL RESOURCES OF PARENTS AND OTHER PERSONS LIABLE FOR SUPPORT OF DEPENDENTS.

56-231. PUBLIC ASSISTANCE IN LOCATING AND DETERMINING THE FINANCIAL RESOURCES OF PARENTS AND OTHER PERSONS LIABLE FOR SUPPORT OF DEPENDENTS. To assist in locating and determining the financial resources of parents who have deserted their children and other persons liable for support of dependents, the department of health and welfare and county prosecuting attorneys may request and shall receive information from the records of all departments, boards, bureaus or other agencies of this state, and may request and may receive information from businesses and financial entities; and the same are authorized to provide such information as is necessary for this purpose, notwithstanding any provisions of chapter 1, title 74, Idaho Code, making the information exempt from disclosure. There shall be no legal sanctions imposed against a business or financial entity which refuses to provide requested information, unless the business or financial entity has been served with a subpoena requesting the information. Only information directly bearing on the identity, financial resources, and whereabouts of a person owing or asserted to be owing an obligation of support shall be requested and used or transmitted by the department of health and welfare and county prosecuting attorneys pursuant to the authority conferred by this act. The department of health and welfare and county prosecuting attorneys may make such information available only to public officials and agencies of this state, other states and the political subdivisions of this state and other states seeking to locate parents who have deserted their children and other persons liable for support of dependents for the purpose of enforcing their liability for support.
History:
[56-231, added 1965, ch. 42, sec. 1, p. 65; am. 1972, ch. 196, sec. 11, p. 483; am. 1974, ch. 23, sec. 165, p. 633; am. 1986, ch. 152, sec. 1, p. 438; am. 1990, ch. 213, sec. 84, p. 550; am. 2015, ch. 141, sec. 154, p. 500.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-232 - MEDICAL ASSISTANCE PROGRAMS — CONTRACTS WITH INDEPENDENT AGENCIES FOR ADMINISTRATION OF PROGRAMS.

56-232. MEDICAL ASSISTANCE PROGRAMS — CONTRACTS WITH INDEPENDENT AGENCIES FOR ADMINISTRATION OF PROGRAMS. The agency, board, or governmental unit of the state of Idaho designated as the responsible agency for the administration of medical assistance programs which involve the participation of the federal government under the provisions of title XIX of the Social Security Act of 1965, as amended, is authorized to enter into contracts or agreements with life insurance companies qualified in this state, hospital or medical service corporations qualified in this state, or other appropriate independent organizations or corporations for the administration of such medical assistance programs, subject however, to the rules and regulations of the designated responsible governmental agency. Any such contract shall, among other provisions, set forth the term, consideration to be paid for such service, the general duties and procedures of the contract, accounting procedures, and such other matters as may be required to insure the proper administration of the benefits provided by the statutes of Idaho and the rules and regulations authorized therein with reference to the programs established by title XIX of the Social Security Act of 1965, as amended. Such contract shall be signed by the governor of the state of Idaho on behalf of the state.
History:
[56-232, added 1969, ch. 201, sec. 1, p. 588.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-233 - PROCEDURE FOR DISBURSEMENT OF FUNDS TO RECIPIENTS.

56-233. PROCEDURE FOR DISBURSEMENT OF FUNDS TO RECIPIENTS. Notwithstanding the provisions of section 56-405 and section 56-406, Idaho Code, any such contract entered into between the designated and responsible governmental agency and an independent contractor for the administration of such medical assistance programs may set forth therein a procedure for the disbursement of funds to the recipients of such program and, upon the approval of the procedures so established by the state controller, disbursements of funds shall be made by the state of Idaho to the independent contractor and by the independent contractor to the recipients in accordance with the procedures so established. Procedures established by contract for the disbursement of funds shall have reference only to such funds as involve the participation of the federal government under the provisions of title XIX of the Social Security Act of 1965, as amended.
History:
[56-233, added 1969, ch. 201, sec. 2, p. 588; am. 1994, ch. 180, sec. 107, p. 498.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-234 - LEGISLATIVE INTENT.

56-234. LEGISLATIVE INTENT. It is hereby declared by the legislature that, in keeping with current state and national goals and best practice, increasing numbers of persons with developmental disabilities are being discharged to community facilities or private residences as an alternative to large public institutions licensed as intermediate care facilities for persons with intellectual disabilities. Such deinstitutionalization is highly desirable since it can lead to a fuller, richer and more independent life for persons with developmental disabilities. Recognizing that every individual has unique needs and differing abilities, the purpose of the following provisions is to clarify the department of health and welfare’s duties and responsibilities with respect to persons with developmental disabilities, who are or may become residents of the southwest Idaho treatment center. The following provisions shall be liberally construed to accomplish these purposes.
History:
[56-234, added 2011, ch. 101, sec. 1, p. 256; am. 2012, ch. 107, sec. 7, p. 293; am. 2022, ch. 77, sec. 1, p. 216.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-234A - DEFINITIONS.

56-234A. DEFINITIONS. As used in sections 56-234 through 56-235E, Idaho Code:
(1) "Admission-discharge committee" means an interdisciplinary team of at least three (3) individuals designated by the director to evaluate persons as required by the provisions of sections 56-234 through 56-235E, Idaho Code. Each committee member must be specially qualified by training and experience in the diagnosis and treatment of persons with a developmental disability.
(2) "Certified family home" means a family home as defined in section 39-3502, Idaho Code.
(3) "Community facility" means a privately owned or operated nursing facility, intermediate care facility for persons with intellectual disabilities, licensed residential or assisted living facility, other organization licensed, recognized, or certified by the department to provide care or treatment to persons with developmental disabilities, or a publicly owned or operated facility licensed for eight (8) beds or less as an intermediate care facility for persons with intellectual disabilities.
(4) "Department" means the Idaho department of health and welfare.
(5) "Developmental disabilities" means a chronic disability of a person as defined in section 66-402, Idaho Code.
(6) "Director" means the director of the Idaho department of health and welfare or his designee.
(7) "Discharge" means an admission-discharge committee has determined that there is an available community facility or private residence that is least restrictive, appropriate and consistent with the needs of the individual.
(8) "Medically fragile" means an individual with a developmental disability and a chronic medical condition that is characterized by periods of acute exacerbation or potentially life-threatening episodes and that may require frequent hospitalizations or prolonged recuperation periods and ongoing monitoring and assistance by a licensed registered nurse.
(9) "Private residence" means a certified family home or a single family dwelling or apartment in a multiple dwelling or apartment complex that is used by an individual as a place of abode and that is not used for commercial purposes.
(10) "Resident" means an individual who is admitted to or resides at the southwest Idaho treatment center.
(11) "Transfer" means relocating and moving a person who is a resident of the southwest Idaho treatment center from that institution to a community facility or private residence or from one (1) community facility or private residence to another. Transfer does not include relocating or moving a resident of the southwest Idaho treatment center between rooms or beds within the southwest Idaho treatment center.
History:
[56-234A, added 2011, ch. 101, sec. 2, p. 257; am. 2012, ch. 107, sec. 8, p. 293.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-235 - SOUTHWEST IDAHO TREATMENT CENTER.

56-235. SOUTHWEST IDAHO TREATMENT CENTER. The establishment by law of the southwest Idaho treatment center at Nampa, Idaho, is hereby ratified and affirmed, and its operation continued; provided, however, that on and after the effective date of this act, the treatment center shall be in the general supervision, control and government of the state department of health and welfare. All rights and title to property, real and personal, belonging to or vested in the state board of health and welfare are hereby transferred and vested in the state department of health and welfare. The state department is empowered to acquire, by purchase or exchange, any property that in the judgment of the department is needful for the operation of the treatment center, and to dispose of, by sale or exchange, any property that in the judgment of the department is not needful for the operation of the same. The department of health and welfare shall have authority to administer the treatment center, to employ and release such personnel as are required for the operation of the treatment center, fix salaries, and to perform any other necessary and proper functions in the efficient and beneficial operation of the treatment center.
History:
[56-235, added 1972, ch. 44, sec. 7, p. 67; am. 1974, ch. 23, sec. 166, p. 633; am. 2011, ch. 102, sec. 3, p. 262; am. 2022, ch. 60, sec. 3, p. 185.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-235A - PROHIBITIONS, RESTRICTIONS AND LIMITATIONS ON ADMISSION.

56-235A. PROHIBITIONS, RESTRICTIONS AND LIMITATIONS ON ADMISSION. (1) The southwest Idaho treatment center shall not admit, accept or receive any person unless an admission-discharge committee determines that:
(a) The individual has a developmental disability;
(b) The individual meets the level of care requirements and active treatment requirements for admission to an intermediate care facility for persons with intellectual disabilities;
(c) All community facilities, options and supports have been exhausted, and there is no available community facility or private residence that is least restrictive, appropriate and consistent with the needs of the individual; and
(d) The southwest Idaho treatment center is the least restrictive available residential placement consistent with the needs of the individual after considering all available and appropriate community facilities and private residences.
(2) The director may limit admissions and establish admission priorities to the southwest Idaho treatment center through rulemaking in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department to the facility. The southwest Idaho treatment center may refuse any applicant for voluntary admission.
(3) Subsections (1) and (2) of this section do not apply to:
(a) Temporary emergency admissions or placements for crisis stabilization only, for up to ninety (90) days, that are preauthorized by the director; or
(b) Admissions or placements made by the director pursuant to section 66-406, Idaho Code.
History:
[56-235A, added 2011, ch. 101, sec. 3, p. 258; am. 2012, ch. 107, sec. 9, p. 294.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-235B - DISCHARGE PLANNING — AUTHORIZATION TO DISCHARGE.

56-235B. DISCHARGE PLANNING — AUTHORIZATION TO DISCHARGE. The director may discharge a resident of the southwest Idaho treatment center on such terms and conditions as the director may determine whenever an admission-discharge committee determines there is an available community facility or private residence that is least restrictive, appropriate and consistent with the individual’s needs. The director shall use reasonable efforts to discharge a resident to a community facility or private residence where the individual can be readily visited by those persons interested in his well-being.
History:
[56-235B, added 2011, ch. 101, sec. 4, p. 258; am. 2012, ch. 107, sec. 10, p. 295.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-235C - NOTICE OF DISCHARGE — REQUEST FOR HEARING.

56-235C. NOTICE OF DISCHARGE — REQUEST FOR HEARING. (1) Before a discharge plan is implemented, the resident and the resident’s spouse, guardian, adult next of kin or friend, if any, shall be given an opportunity to participate in the development and review of the admission-discharge committee’s discharge plan.
(2) If, after reasonable efforts have been exhausted, the resident or the resident’s spouse, guardian, adult next of kin or friend, if any, does not agree with the admission-discharge committee’s discharge plan, ninety (90) days prior to discharge, written notice shall be filed with the committing court, if any, and served by registered or certified mail upon the resident, resident’s attorney, and either the resident’s spouse, guardian, adult next of kin or friend, if any. The written notice must include a statement advising the resident of the right to request a hearing by the director and must also include a statement advising the resident of the right to judicial review.
(3) Within fifteen (15) days from receipt of the notice of discharge, the resident may serve a written request for hearing upon the director. Upon receipt of such request, the director shall fix a date for hearing, which date shall not be more than thirty (30) days from receipt of the request, and shall give the resident at least fifteen (15) days’ written notice of said hearing date. Within thirty (30) days after the conclusion of the hearing, the director shall notify the resident in writing by registered or certified mail of his decision. A transfer shall not be implemented during any period in which a request for hearing is pending and undecided by the director. If no request for hearing is made within fifteen (15) days from receipt of the notice of discharge, the director may discharge the resident.
(4) The director shall periodically monitor the adjustment of the former resident to his transfer to a community facility or private residence. If within ninety (90) days following a transfer to a community facility or private residence, an admission-discharge committee determines that the former resident is not adjusting to the transfer and there is no other available community facility or private residence least restrictive, appropriate and consistent with the needs of the former resident, the director may make the determination that the former resident be readmitted to the southwest Idaho treatment center in accordance with section 56-235A, Idaho Code.
History:
[56-235C, added 2011, ch. 101, sec. 5, p. 258; am. 2012, ch. 107, sec. 11, p. 295.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-235D - APPEALS.

56-235D. APPEALS. If a former resident feels aggrieved by a decision of the director rendered pursuant to a hearing as provided in section 56-235C, Idaho Code, appeal may be taken to the committing court or the court of the county in which such former resident is present. Appeal must be taken in the manner and form set forth in chapter 52, title 67, Idaho Code, provided however, the filing of a notice of appeal with the court shall not, unless otherwise ordered, stay the resident’s discharge or the decision of the director.
History:
[56-235D, added 2011, ch. 101, sec. 6, p. 259.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-235E - RULEMAKING AUTHORITY.

56-235E. RULEMAKING AUTHORITY. The director, in addition to other duties imposed by law, is hereby authorized and directed through rulemaking to establish procedures necessary to implement these provisions. The rulemaking authority granted in this section shall be limited to the specific standards and procedures required by sections 56-234 through 56-235D, Idaho Code.
History:
[56-235E, added 2011, ch. 101, sec. 7, p. 259.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-238 - DEFINITIONS.

56-238. DEFINITIONS. As used in this section and section 56-239, Idaho Code:
(1) "CHIP Plan A" means the existing Idaho children’s health insurance program for children eligible under federal title XXI whose families’ modified adjusted gross incomes do not exceed one hundred fifty percent (150%) of the federal poverty guidelines.
(2) "CHIP Plan B" means the program created in section 56-239, Idaho Code.
(3) "Department" means the state department of health and welfare.
(4) "Director" means the director of the state department of health and welfare.
(5) "Eligible child" means a child under nineteen (19) years of age living in Idaho whose family’s modified adjusted gross income falls within federal poverty guidelines for medicaid, CHIP Plan A or CHIP Plan B.
(6) "Modified adjusted gross income" means individual or family income as defined for state medicaid programs in the social security act and the Internal Revenue Code.
History:
[56-238, added 2003, ch. 308, sec. 3, p. 845; am. 2006, ch. 270, sec. 1, p. 839; am. 2014, ch. 80, sec. 2, p. 218; am. 2021, ch. 22, sec. 4, p. 61.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-239 - CHIP PLAN B.

56-239. CHIP PLAN B. (1) There is hereby created in the department a CHIP Plan B that shall be made available by the department to eligible children, as defined in section 56-238, Idaho Code, whose family’s modified adjusted gross income is between one hundred fifty percent (150%) and one hundred eighty-five percent (185%) of the federal poverty guidelines. The director shall implement the program by adopting rules recommended by the board of the Idaho individual high risk reinsurance pool created in section 41-5502, Idaho Code, that authorize policies of health insurance for children enrolled in the CHIP Plan B.
(2) There is hereby created a CHIP Plan B advisory board which shall advise the Idaho individual high risk reinsurance pool board concerning issues related to the CHIP Plan B. The board shall consist of eight (8) members, four (4) members to be appointed by the director and four (4) members to be appointed by the governor. At least two (2) members of the board shall be parents of children who are eligible to participate in the CHIP Plan B.
History:
[56-239, added 2003, ch. 308, sec. 4, p. 846; am. 2014, ch. 80, sec. 3, p. 219.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-251 - LEGISLATIVE INTENT.

56-251. LEGISLATIVE INTENT. (1) The legislature finds that the current federal medicaid law and regulations have not kept pace with modern health care management practices, create obstacles to quality care and impose unnecessary costs on the delivery of effective and efficient health care. The legislature believes that the state of Idaho must strive to balance efforts to contain medicaid costs, improve program quality and improve access to services. The legislature further believes that the state of Idaho could achieve improved health outcomes for medicaid participants by simplifying eligibility and developing health benefits for medicaid participants according to their health needs, including appropriate preventive and wellness services.
(2) The legislature supports development, at a minimum, of the following health-need categories:
(a) Low-Income Children and Working-Age Adults with No Special Health Needs. The broad policy goal for the medicaid program for low-income children and working-age adults with no special health needs is to achieve and maintain wellness by emphasizing prevention and by proactively managing health. Additional specific goals are:
(i) To emphasize preventive care and wellness;
(ii) To increase participant ability to make good health choices; and
(iii) To strengthen the employer-based health insurance system.
(b) Persons with Disabilities or Special Health Needs. The broad policy goal for the medicaid program for persons with disabilities or special health needs is to finance and deliver cost-effective individualized care. Additional specific goals are:
(i) To emphasize preventive care and wellness;
(ii) To empower individuals with disabilities to manage their own lives;
(iii) To provide opportunities for employment for persons with disabilities; and
(iv) To provide and to promote family-centered, community-based, coordinated care for children with special health care needs.
(c) Persons with Medicare and Medicaid Coverage. The broad policy goal for the medicaid program for persons with medicare and medicaid coverage is to finance and deliver cost-effective individualized care which is integrated, to the greatest extent possible, with medicare coverage. Additional specific goals are:
(i) To emphasize preventive care and wellness;
(ii) To improve coordination between medicaid and medicare coverage;
(iii) To increase nonpublic financing options for long-term care; and
(iv) To ensure participants’ dignity and quality of life.
(3) To the extent practicable, the department shall achieve savings and efficiencies through use of modern care management practices, in areas such as network management, cost-sharing, benefit design and premium assistance.
(4) The department’s duty to implement these changes in accordance with the intent of the legislature is contingent upon federal approval.
History:
[56-251, added 2006, ch. 278, sec. 1, p. 853; am. 2007, ch. 200, sec. 1, p. 610.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-252 - DEFINITIONS.

56-252. DEFINITIONS. As used in sections 56-250 through 56-255, Idaho Code:
(1) "Benchmark plan" means a package of health benefits coverage that provides coverage for a specified population in accordance with section 6044 of the deficit reduction act of 2005.
(2) "Benefit design" means selection of services, providers and beneficiary cost-sharing to create the scope of coverage for participants.
(3) "Community supports" means services that promote the ability of persons with disabilities to be self-sufficient and live independently in their own communities.
(4) "Cost-sharing" means participant payment for a portion of medicaid service costs such as deductibles, coinsurance or copayment amounts.
(5) "Department" means the department of health and welfare.
(6) "Director" means the director of the department of health and welfare.
(7) "Health risk assessment" means a process of assessing the health status and health needs of participants.
(8) "Medicaid" means Idaho’s medical assistance program.
(9) "Medical assistance" means payments for part or all of the cost of services funded by titles XIX or XXI of the federal social security act as amended, as may be designated by department rule.
(10) "Medical home" means a primary care case manager designated by the participant or the department to coordinate the participant’s care.
(11) "Network management" means establishment and management of contracts between the department and limited groups of providers or suppliers of medical and other services to participants.
(12) "Participant" means a person eligible for and enrolled in the Idaho medical assistance program.
(13) "Premium assistance" means use of medicaid funds to pay part or all of the costs of enrolling eligible individuals into private insurance coverage.
(14) "Primary care case manager" means a primary care physician who contracts with medicaid to coordinate the care of certain participants.
(15) "Provider" means any individual, partnership, association, corporation or organization, public or private, which provides residential or assisted living services, certified family home services, nursing facility services or services offered pursuant to medical assistance.
(16) "Self-determination" means medicaid services that allow persons with disabilities to exercise choice and control over the services and supports they receive.
(17) "State plan" means the contract between the state and federal government under 42 U.S.C. section 1396a(a).
History:
[56-252, added 2006, ch. 278, sec. 1, p. 854; am. 2007, ch. 200, sec. 2, p. 611.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-256 - PREVENTIVE HEALTH ASSISTANCE.

56-256. PREVENTIVE HEALTH ASSISTANCE. (1) The department of health and welfare may establish preventive health assistance benefits available to a medicaid participant in order to provide incentives to promote healthy behavior and responsible use of health care services.
(2) Preventive health assistance benefits are available when the participant complies with recommended preventive care and demonstrates healthy behaviors or conducts other activities as specified in department rule. Preventive health assistance benefits are only available during a participant’s period of eligibility.
(3) The uses of preventive health assistance may include, but not be limited to, participant payments for preventive health products and services and participant cost-sharing payments as specified in department rule.
(4) Preventive health assistance benefits may be used to cover delinquent cost-sharing obligations when participants have complied with recommended preventive care as described in department rule.
History:
[56-256, added 2006, ch. 305, sec. 1, p. 943; am. 2007, ch. 200, sec. 6, p. 618.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-257 - COPAYMENTS.

56-257. COPAYMENTS. (1) Within the limits of federal medicaid law and regulations, the department of health and welfare shall establish enforceable cost sharing in order to increase the awareness and responsibility of medicaid participants for the cost of their health care and to encourage use of cost-effective care in the most appropriate setting. Copayments established by department rule may include, but not be limited to, the following:
(a) Medicaid services including, but not limited to, chiropractic visits, podiatrist visits, optometrist visits, physical therapy visits, occupational therapy visits, speech therapy visits, outpatient hospital visits and physician office visits;
(b) Inappropriate use of emergency medicaid reimbursed services, including hospital emergency room and emergency transportation; and
(c)
Missed appointments with health care providers when it is the practice of the health care provider to charge such copayments to all of their patients regardless of payer.
(2) The director may exempt, subject to federal approval, any group of medicaid participants from the cost-sharing provisions in this section.
History:
[56-257, added 2006, ch. 305, sec. 1, p. 944; am. 2011, ch. 164, sec. 10, p. 471.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-260 - SHORT TITLE.

56-260. SHORT TITLE. Sections 56-260 through 56-266, Idaho Code, shall be known and may be cited as the "Medicaid Cost Containment and Health Care Improvement Act."
History:
[56-260, added 2011, ch. 164, sec. 11, p. 472.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-261 - LEGISLATIVE FINDINGS AND INTENT.

56-261. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds that the current health care delivery system of payment to medicaid health care providers on a fee for service basis does not provide the appropriate incentives and can be improved by incorporating managed care tools, including capitation and selective contracting, with the objective of moving toward an accountable care system that results in improved health outcomes.
(2) The legislature intends that the provisions of sections 56-260 through 56-266, Idaho Code, result in the improved health of public assistance recipients while, at the same time, increasing the choices and responsibilities of those recipients. The legislature further intends that these sections result in improved business practices of providers.
(3) The legislature directs the department to pursue opportunities in the medicaid program that result in safe and appropriate discharge from public and private institutions including nursing homes, intermediate care facilities and psychiatric facilities into community settings and that such results should be financially sustainable.
(4) Price increases should be implemented only through specific appropriation authority unless the adjustments are specified in federal law.
History:
[56-261, added 2011, ch. 164, sec. 12, p. 472.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 2 - PUBLIC ASSISTANCE LAW › Section 56-262 - DEFINITIONS.

56-262. DEFINITIONS. The definitions contained in section 56-252, Idaho Code, shall apply to sections 56-260 through 56-267, Idaho Code.
History:
[56-262, added 2011, ch. 164, sec. 13, p. 473; amended 2018, Init Measure, No. 2, sec. 2.]