reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 14 - IDAHO HOSPITAL ASSESSMENT ACT › Section 56-1403 - HOSPITAL ASSESSMENT FUND ESTABLISHED.

56-1403. HOSPITAL ASSESSMENT FUND ESTABLISHED. (1) There is hereby created in the office of the state treasurer a dedicated fund to be known as the hospital assessment fund, hereinafter "fund," to be administered by the department of health and welfare, hereinafter "department." The state treasurer shall invest idle moneys in the fund and any interest received on those investments shall be returned to the fund.
(2) Moneys in the fund shall consist of:
(a) All moneys collected or received by the department from private hospital assessments required by this chapter;
(b) All federal matching funds received by the department as a result of expenditures made by the department that are attributable to moneys deposited in the fund;
(c) Any interest or penalties levied in conjunction with the administration of this chapter; and
(d) Any appropriations, federal funds, donations, gifts or moneys from any other sources.
(3) The fund is created for the purpose of receiving moneys in accordance with this section and section 56-1404, Idaho Code. Moneys in the fund shall be distributed by the department subject to appropriation for the following purposes only:
(a) Payments to private hospitals as required under Idaho’s medical assistance program as set forth in sections 56-209b through 56-209d, Idaho Code;
(b) Reimbursement of moneys collected by the department from private hospitals through error or mistake in performing the activities authorized under Idaho’s medical assistance program;
(c) Payments of administrative expenses incurred by the department or its agent in performing the activities authorized by this chapter;
(d) Payments made to the federal government to repay excess payments made to private hospitals from the fund if the assessment plan is deemed out of compliance and after the state has appealed the findings. Hospitals shall refund the payments in question to the assessment fund. The state in turn shall return funds to both the federal government and hospital providers in the same proportion as the original financing. Individual hospitals shall be reimbursed based on the proportion of the individual hospital’s assessment to the total assessment paid by all private hospitals. If a hospital is unable to refund payments, the state shall develop a payment plan and deduct moneys from future medicaid payments;
(e) Transfers to any other fund in the state treasury, provided such transfers shall not exceed the amount transferred previously from that other fund into the hospital assessment fund;
(f) Making refunds to hospitals pursuant to section 56-1410, Idaho Code; and
(g) Offsetting general funding needed to support Idaho medicaid.
History:
[56-1403, added 2010, ch. 186, sec. 7, p. 396; am. 2014, ch. 250, sec. 1, p. 629; am. 2022, ch. 133, sec. 1, p. 496.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 14 - IDAHO HOSPITAL ASSESSMENT ACT › Section 56-1405 - REVIEW OF ANNUAL ASSESSMENT AMOUNT.

56-1405. REVIEW OF ANNUAL ASSESSMENT AMOUNT. Each state fiscal year, hospitals shall have at least thirty (30) days prior to implementation to review and verify the assessment base, rate, and the estimated assessment amount.
History:
[56-1405, added 2008, ch. 91, sec. 1, p. 255.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 14 - IDAHO HOSPITAL ASSESSMENT ACT › Section 56-1407 - TIMING OF PAYMENTS AND ASSESSMENTS.

56-1407. TIMING OF PAYMENTS AND ASSESSMENTS. (1) The department shall establish an annual assessment schedule for all payments created under this chapter.
(2) If a hospital fails to pay the full amount of an installment when due, including any extensions granted, there shall be added to the assessment imposed by section 56-1404, Idaho Code, unless waived by the department for reasonable cause, a penalty equal to the lesser of:
(a) An amount equal to five percent (5%) of the assessment installment amount not paid on or before the due date, plus five percent (5%) of the portion thereof remaining unpaid on the last day of each month thereafter; or
(b) An amount equal to one hundred percent (100%) of the assessment installment amount not paid on or before the due date.
(3) For purposes of subsection (2) of this section, payments shall be credited first to unpaid installment amounts rather than to penalty or interest amounts, beginning with the most delinquent installment.
History:
[56-1407, added 2008, ch. 91, sec. 1, p. 256.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 14 - IDAHO HOSPITAL ASSESSMENT ACT › Section 56-1408 - EXEMPTIONS.

56-1408. EXEMPTIONS. (1) State hospital south in Blackfoot, Idaho, state hospital north in Orofino, Idaho, state hospital west in Nampa, Idaho, and the department of veterans affairs medical center in Boise, Idaho, are exempt from the assessment required by section 56-1404, Idaho Code.
(2) A private hospital that does not provide emergency services through an emergency department and is not categorized as "rehabilitation," "psychiatric," or "long-term acute care hospital" as provided in the "application for hospital licenses and annual report" for the most recent year filed with the department of health and welfare is exempt from the assessment required by section 56-1404, Idaho Code.
History:
[56-1408, added 2008, ch. 91, sec. 1, p. 256; am. 2011, ch. 164, sec. 18, p. 475; am. 2022, ch. 60, sec. 6, p. 189; am. 2022, ch. 133, sec. 3, p. 498.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 14 - IDAHO HOSPITAL ASSESSMENT ACT › Section 56-1409 - MULTIHOSPITAL LOCATIONS, HOSPITAL CLOSURE AND NEW HOSPITALS.

56-1409. MULTIHOSPITAL LOCATIONS, HOSPITAL CLOSURE AND NEW HOSPITALS. (1) If a hospital conducts, operates or maintains more than one (1) hospital licensed by the department, the hospital shall pay the assessment for each hospital separately.
(2) A hospital, subject to assessments under this chapter, that ceases to conduct hospital operations or maintain its state license or did not conduct hospital operations throughout a calendar or fiscal year, shall have its required assessment adjusted by multiplying the assessment computed under section 56-1404, Idaho Code, by a fraction, the numerator of which is the number of days in the year during which the hospital conducts hospital business, operates a hospital and maintains licensure, and the denominator of which is three hundred sixty-five (365). The hospital shall pay the required assessment computed under section 56-1404, Idaho Code, on the date and in pro rata installments as required by the department for that portion of the state fiscal year during which the hospital operated and maintained state licensure, to the extent not previously paid.
(3) A hospital, subject to assessments under this chapter, that has not been previously licensed as a hospital by the department and that commences hospital operations during a fiscal year, shall pay the required assessment computed under section 56-1404, Idaho Code, and shall be eligible for payment adjustments under section 56-1406, Idaho Code, only after two (2) complete state fiscal years have elapsed and two (2) full fiscal year medicare cost reports are filed with the center for medicare and medicaid services (CMS) after the commencement of operations and on the date as required by the department beginning on the first day of the next state fiscal year.
History:
[56-1409, added 2008, ch. 91, sec. 1, p. 256.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 14 - IDAHO HOSPITAL ASSESSMENT ACT › Section 56-1410 - APPLICABILITY.

56-1410. APPLICABILITY. (1) The assessment required by section 56-1404, Idaho Code, shall not take effect or shall cease to be imposed, and any moneys remaining in the fund shall be refunded to hospitals in proportion to the amounts paid by such hospitals if the payments to hospitals required under section 56-1403(3), Idaho Code, are changed or are not eligible for federal matching funds under the Idaho medical assistance program.
(2) The assessment required by section 56-1404, Idaho Code, shall not take effect or shall cease to be required if the assessment is not approved or is determined to be impermissible under title XIX of the social security act. Moneys in the fund derived from assessments required prior thereto shall be distributed in accordance with section 56-1403(3), Idaho Code, to the extent federal matching funds are not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to hospitals in proportion to the amounts paid by such hospitals.
History:
[56-1410, added 2008, ch. 91, sec. 1, p. 257; am. 2009, ch. 34, sec. 9, p. 104; am. 2022, ch. 133, sec. 4, p. 499.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 15 - IDAHO SKILLED NURSING FACILITY ASSESSMENT ACT › Section 56-1501 - SHORT TITLE.

56-1501. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Skilled Nursing Facility Assessment Act."
History:
[56-1501, added 2009, ch. 221, sec. 1, p. 687.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 15 - IDAHO SKILLED NURSING FACILITY ASSESSMENT ACT › Section 56-1502 - LEGISLATIVE INTENT.

56-1502. LEGISLATIVE INTENT. It is the intent of the legislature to encourage the maximization of financial resources eligible and available for medicaid services by establishing a fund within the Idaho department of health and welfare to receive nursing facility assessments to use in securing federal matching funds under federally prescribed programs available through the state medicaid plan.
History:
[56-1502, added 2009, ch. 221, sec. 1, p. 687.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 15 - IDAHO SKILLED NURSING FACILITY ASSESSMENT ACT › Section 56-1503 - DEFINITIONS.

56-1503. DEFINITIONS. As used in this chapter:
(1) "CMS" means the centers for medicare and medicaid.
(2) "Department" means the department of health and welfare.
(3) "Fiscal year" means the time period from July 1 to June 30.
(4) "Fund" means the nursing facility assessment fund established pursuant to section 56-1504, Idaho Code.
(5) "Net patient service revenue" means gross revenue from services provided to nursing facility patients, less reductions from gross revenue resulting from an inability to collect payment of charges. Patient service revenue excludes nonpatient care revenue such as beauty and barber, vending income, interest and contributions, revenue from sale of meals and all outpatient revenue. Reductions from gross revenue includes: bad debts; contractual adjustments; uncompensated care; administrative, courtesy and policy discounts and adjustments; and other such revenue deductions.
(6) "Nursing facility" means a nursing facility as defined in section 39-1301, Idaho Code, and licensed pursuant to chapter 13, title 39, Idaho Code.
(7) "Resident day" means a calendar day of care provided to a nursing facility resident, including the day of admission and excluding the day of discharge, provided that one (1) resident day shall be deemed to exist when admission and discharge occur on the same day.
(8) "Medicare part A resident days" means those resident days funded by the medicare program or by a medicare advantage or special needs plan.
(9) "Upper payment limit" means the limitation established by federal regulations, 42 CFR 447.272, that disallows federal matching funds when state medicaid agencies pay certain classes of nursing facilities an aggregate amount for services that exceed the amount that is paid for the same services furnished by that class of nursing facilities under medicare payment principles.
(10) "Value-based purchasing payments" means supplemental payments effective in state fiscal year 2021 made to providers for reaching department-selected quality indicators.
History:
[56-1503, added 2009, ch. 221, sec. 1, p. 687; am. 2018, ch. 49, sec. 1, p. 125.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 15 - IDAHO SKILLED NURSING FACILITY ASSESSMENT ACT › Section 56-1505 - NURSING FACILITY ASSESSMENTS.

56-1505. NURSING FACILITY ASSESSMENTS. (1) Nursing facilities shall pay the nursing facility assessment to the fund in accordance with the provisions of this chapter, with the exception of state and county-owned facilities, which are not required to contribute.
(2) The aggregated amount of assessments for all nursing facilities, during a fiscal year, shall be an amount not exceeding the maximum percentage allowed under federal law of the total aggregate net patient service revenue of assessed facilities from each provider’s prior fiscal year. The department shall determine the assessment rate prospectively for the applicable fiscal year on a per-resident-day basis, exclusive of medicare part A resident days. The per-resident-day assessment rate shall be uniform. The department shall notify nursing facilities of the assessment rate applicable to the fiscal year by August 30 of that fiscal year.
(3) The department shall collect, and each nursing facility shall pay, the nursing facility assessment on an annual basis subject to the terms of this subsection. The nursing facility assessment shall be due annually, with the initial payment due within sixty (60) days after the state plan has been approved by CMS. Subsequent annual payments are due no later than thirty (30) days after receipt of the department invoice.
(4) Nursing facilities may increase their charges to other payers to incorporate the assessment but shall not create a separate line-item charge on the bill reflecting the assessment.
(5)(a) For state fiscal years 2020 and 2021, the department shall adjust assessments and payments for privately owned nursing facilities as follows. The department shall:
(i) Increase nursing facility assessments by an amount adequate to reduce state general fund needs by one million seven hundred eighty-six thousand dollars ($1,786,000) in state fiscal year 2020 and five million dollars ($5,000,000) in state fiscal year 2021; and
(ii) Support provider rate adjustments that will offset the medicaid share of the assessment increase.
(b) The department shall work with nursing facility providers to collect the increased assessments on a schedule to support state budget needs and provider rate adjustments.
(c) Provider rate adjustments for state fiscal years 2020 and 2021 shall not be considered or carried forward for payments established under section 56-116, Idaho Code.
History:
[56-1505, added 2011, ch. 164, sec. 23, p. 478; am. 2020, ch. 35, sec. 3, p. 71.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 15 - IDAHO SKILLED NURSING FACILITY ASSESSMENT ACT › Section 56-1506 - APPROVAL OF STATE PLAN.

56-1506. APPROVAL OF STATE PLAN. The department shall seek necessary federal approval in the form of the state plan amendments in order to implement the provisions of this chapter.
History:
[56-1506, added 2009, ch. 221, sec. 1, p. 689.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 15 - IDAHO SKILLED NURSING FACILITY ASSESSMENT ACT › Section 56-1507 - MULTIFACILITY LOCATIONS.

56-1507. MULTIFACILITY LOCATIONS. If an entity conducts, operates or maintains more than one (1) nursing facility licensed by the department, the entity shall pay the nursing facility assessment for each nursing facility separately.
History:
[56-1507, added 2009, ch. 221, sec. 1, p. 689.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 15 - IDAHO SKILLED NURSING FACILITY ASSESSMENT ACT › Section 56-1508 - TERMINATION OF ASSESSMENT.

56-1508. TERMINATION OF ASSESSMENT. (1) The nursing facility assessment shall terminate and the department shall discontinue the imposition, assessment and collection of the nursing facility assessment if the plan amendment incorporating the payment in section 56-1504(3)(a) through (c), Idaho Code, is not approved by CMS. The payment calculations in section 56-1504(3)(b) and (c), Idaho Code, may be modified if necessary to obtain CMS approval of the plan amendment.
(2) Upon termination of the assessment, all collected assessment revenues, less any amounts expended by the department, shall be returned on a pro rata basis to nursing facilities that paid the nursing facility assessment.
History:
[56-1508, added 2009, ch. 221, sec. 1, p. 689.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 15 - IDAHO SKILLED NURSING FACILITY ASSESSMENT ACT › Section 56-1509 - PENALTIES FOR FAILURE TO PAY ASSESSMENT.

56-1509. PENALTIES FOR FAILURE TO PAY ASSESSMENT. (1) If a nursing facility fails to pay the full amount of a nursing facility assessment when due, there shall be added to the assessment, unless waived by the department for reasonable cause, a penalty equal to five percent (5%) of the amount of the assessment that was not paid when due. Any subsequent payments shall be credited first to unpaid assessment amounts rather than to penalty or interest amounts, beginning with the most delinquent installment.
(2) In addition to the penalty identified in subsection (1) of this section, the department may seek any of the following remedies for failure of any nursing facility to pay its assessment when due:
(a) Withhold any medical assistance reimbursement payments until such time as the assessment amount is paid in full;
(b) Suspend or revoke the nursing facility license; or
(c) Develop a plan that requires the nursing facility to pay any delinquent assessment in installments.
History:
[56-1509, added 2009, ch. 221, sec. 1, p. 689.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 15 - IDAHO SKILLED NURSING FACILITY ASSESSMENT ACT › Section 56-1510 - RULEMAKING AUTHORITY.

56-1510. RULEMAKING AUTHORITY. The department shall adopt rules to implement the provisions of this chapter.
History:
[56-1510, added 2009, ch. 221, sec. 1, p. 690.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 15 - IDAHO SKILLED NURSING FACILITY ASSESSMENT ACT › Section 56-1511 - ANNUAL NURSING FACILITY ADJUSTMENT PAYMENTS.

56-1511. ANNUAL NURSING FACILITY ADJUSTMENT PAYMENTS. (1) All nursing facilities, with the exception of the state and county-owned facilities not included in subsection (2) of this section, shall be eligible for annual nursing facility adjustments.
(2) The Idaho state veterans nursing homes shall be eligible to participate in the program and shall be eligible for annual nursing facility adjustments.
(3) For the purpose of this section, "nursing facility days" are days of nursing facility services paid for by the Idaho medical assistance program for the applicable state fiscal year.
(a) For state fiscal year 2010, medicaid days for each provider’s cost report ending in calendar year 2008 shall be utilized to determine the nursing facility adjustment payment.
(b) For state fiscal year 2011, medicaid days for each provider’s cost report ending in calendar year 2009 shall be utilized to determine the nursing facility adjustment payment.
(4) Adjustment payments shall be paid on an annual basis to reimburse covered medicaid expenditures in the aggregate within the upper payment limit.
(5) Each annual payment shall be made no later than thirty (30) days after the receipt of the last annual deposit of the nursing facility assessments required in section 56-1504, Idaho Code.
(6) The department shall implement quality performance reporting beginning in state fiscal year 2019.
(a) During state fiscal years 2019 and 2020, quality performance data will be provided to nursing facilities to illustrate how their performance would impact their value-based purchasing payment.
(b) For state fiscal year 2021 and beyond, payments from the fund described in section 56-1504, Idaho Code, shall be based on quality indicators.
History:
[56-1511, added 2011, ch. 164, sec. 23, p. 479; am. 2018, ch. 49, sec. 3, p. 127.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 16 - IDAHO INTERMEDIATE CARE FACILITY ASSESSMENT ACT › Section 56-1601 - SHORT TITLE — LEGISLATIVE INTENT.

56-1601. SHORT TITLE — LEGISLATIVE INTENT. (1) This chapter shall be known and may be cited as the "Idaho Intermediate Care Facility Assessment Act."
(2) It is the intent of the legislature to encourage the maximization of financial resources eligible and available for medicaid services by establishing a fund within the Idaho department of health and welfare to receive ICF assessments to be used in securing federal matching funds under federally prescribed programs available through the state medicaid plan.
History:
[56-1601, added 2011, ch. 164, sec. 24, p. 479.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 16 - IDAHO INTERMEDIATE CARE FACILITY ASSESSMENT ACT › Section 56-1602 - DEFINITIONS.

56-1602. DEFINITIONS. As used in this chapter:
(1) "CMS" means the centers for medicare and medicaid services.
(2) "Department" means the Idaho department of health and welfare.
(3) "Fiscal year" means the time period from July 1 to June 30.
(4) "Fund" means the ICF assessment fund established pursuant to section 56–1603, Idaho Code.
(5) "ICF" means an intermediate care facility for people with intellectual disabilities as defined in section 39-1301, Idaho Code, and licensed pursuant to chapter 13, title 39, Idaho Code.
(6) "Net patient service revenue" means gross revenues from services provided to ICF patients, less reductions from gross revenue resulting from an inability to collect payment of charges. Patient service revenue excludes nonpatient care revenues such as beauty and barber, vending income, interest and contributions, revenues from sale of meals and all outpatient revenues. Reductions from gross revenue includes: bad debts; contractual adjustments; uncompensated care; administrative, courtesy and policy discounts and adjustments; and other such revenue deductions.
(7) "Resident day" means a calendar day of care provided to an ICF resident, including the day of admission and excluding the day of discharge, provided that one (1) resident day shall be deemed to exist when admission and discharge occur on the same day.
(8) "Upper payment limit" means the limitation established in 42 CFR section 447.272, that disallows federal matching funds when state medicaid agencies pay certain classes of facilities an aggregate amount for services that exceed the amount that is paid for the same services furnished by that class of facilities under medicare payment principles.
History:
[56-1602, added 2011, ch. 164, sec. 24, p. 479.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 16 - IDAHO INTERMEDIATE CARE FACILITY ASSESSMENT ACT › Section 56-1603 - INTERMEDIATE CARE FACILITY ASSESSMENT FUND.

56-1603. INTERMEDIATE CARE FACILITY ASSESSMENT FUND. (1) There is hereby created in the office of the state treasurer a dedicated fund to be known as the ICF assessment fund to be administered by the department. The state treasurer shall invest idle moneys in the fund, and any interest received on those investments shall be returned to the fund.
(2) Moneys in the fund shall consist of:
(a) All moneys collected or received by the department from ICF assessments required pursuant to this chapter;
(b) All federal matching funds received by the department as a result of expenditures made by the department that are attributable to moneys deposited in the fund;
(c) Any interest or penalties levied in conjunction with the administration of this chapter; and
(d) Any appropriation or federal funds.
(3) The fund is created for the purpose of receiving moneys in accordance with the provisions of this section and section 56-1604, Idaho Code. The fund shall not be used to replace any moneys appropriated to the Idaho medical assistance program by the legislature. Moneys in the fund, which are deemed to be perpetually appropriated, shall be used exclusively for the following purposes:
(a) To pay administrative expenses incurred by the department or its agent in performing the activities authorized pursuant to this chapter, provided that such expenses shall not exceed a total of one percent (1%) of the aggregate assessment funds collected for the prior fiscal year.
(b) To reimburse the medicaid share of the assessment as a pass-through.
(c) To secure federal matching funds available through the state medicaid plan, which funds shall be used to make medicaid payments for ICF services that equal or exceed the amount of ICF medicaid rates, in the aggregate, as calculated in accordance with the approved state medicaid plan in effect on July 1, 2011.
(d) To increase ICF payments to fund covered services to medicaid beneficiaries within medicare upper payment limits.
(e) To make refunds to ICFs pursuant to section 56-1607, Idaho Code. If an ICF is unable to refund payments, the state shall develop a payment plan and deduct moneys from future medicaid payments. The state will refund the federal government for the federal share of these overpayments.
(f) To make transfers to any other fund in the state treasury, provided such transfers shall not exceed the amount transferred previously from that other fund into the ICF assessment fund.
History:
[56-1603, added 2011, ch. 164, sec. 24, p. 480; am. 2012, ch. 327, sec. 1, p. 908.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 16 - IDAHO INTERMEDIATE CARE FACILITY ASSESSMENT ACT › Section 56-1604 - INTERMEDIATE CARE FACILITY ASSESSMENTS.

56-1604. INTERMEDIATE CARE FACILITY ASSESSMENTS. (1) The ICF shall pay the ICF assessment to the fund in accordance with the provisions of this chapter.
(2) The aggregated amount of assessments for all ICFs during a fiscal year shall be an amount not exceeding the maximum percentage allowed under federal law of the total aggregate net patient service revenue of assessed ICFs from each provider’s prior fiscal year. The department shall determine the assessment rate prospectively for the applicable fiscal year on a per-resident-day basis. The per-resident-day assessment rate shall be uniform for all ICFs.
(3) The department shall collect, and each ICF shall pay, the ICF assessment on an annual basis subject to the terms of this subsection. The ICF assessment shall be due no later than thirty (30) days after the receipt of the department invoice.
History:
[56-1604, added 2011, ch. 164, sec. 24, p. 481.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 16 - IDAHO INTERMEDIATE CARE FACILITY ASSESSMENT ACT › Section 56-1605 - APPROVAL OF STATE PLAN.

56-1605. APPROVAL OF STATE PLAN. The department shall seek necessary federal approval in the form of the state plan amendments in order to implement the provisions of this chapter.
History:
[56-1605, added 2011, ch. 164, sec. 24, p. 481.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 16 - IDAHO INTERMEDIATE CARE FACILITY ASSESSMENT ACT › Section 56-1606 - MULTIFACILITY LOCATIONS.

56-1606. MULTIFACILITY LOCATIONS. If an entity conducts, operates or maintains more than one (1) ICF licensed by the department, the entity shall pay the assessment for each ICF separately.
History:
[56-1606, added 2011, ch. 164, sec. 24, p. 481.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 16 - IDAHO INTERMEDIATE CARE FACILITY ASSESSMENT ACT › Section 56-1607 - TERMINATION OF ICF ASSESSMENTS.

56-1607. TERMINATION OF ICF ASSESSMENTS. (1) The ICF assessment shall terminate and the department shall discontinue the imposition, assessment and collection of the ICF assessment if the plan amendment incorporating the payment in section 56-1604, Idaho Code, is not approved by CMS. In the event that CMS subsequently determines that the operation of this assessment program fails to abide by federal statute, regulation and/or CMS policy, the state shall return funds back to the providers on a pro rata basis of the assessments collected. The payment calculations in sections 56-1604 and 56-1609, Idaho Code, may be modified if necessary to obtain CMS approval of the plan amendment.
(2) Upon termination of the assessment, all collected assessment revenues, less any amounts expended by the department, shall be returned on a pro rata basis to ICFs that paid the ICF assessment.
History:
[56-1607, added 2011, ch. 164, sec. 24, p. 481.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 16 - IDAHO INTERMEDIATE CARE FACILITY ASSESSMENT ACT › Section 56-1608 - PENALTIES FOR FAILURE TO PAY INTERMEDIATE CARE FACILITY ASSESSMENT.

56-1608. PENALTIES FOR FAILURE TO PAY INTERMEDIATE CARE FACILITY ASSESSMENT. (1) If an ICF fails to pay the full amount of an ICF assessment when due, there shall be added to the assessment, unless waived by the department for reasonable cause, a penalty equal to five percent (5%) of the amount of the assessment that was not paid when due. Any subsequent payments shall be credited first to unpaid assessment amounts rather than to penalty or interest amounts, beginning with the most delinquent installment.
(2) In addition to the penalty identified in subsection (1) of this section, the department may seek any of the following remedies for failure of any ICF to pay its assessment when due:
(a) Withhold any medical assistance reimbursement payments until such time as the assessment amount is paid in full;
(b) Suspend or revoke the ICF license; or
(c) Develop a plan that requires the ICF to pay any delinquent assessment in installments.
History:
[56-1608, added 2011, ch. 164, sec. 24, p. 481.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 16 - IDAHO INTERMEDIATE CARE FACILITY ASSESSMENT ACT › Section 56-1609 - ANNUAL INTERMEDIATE CARE FACILITY ADJUSTMENT PAYMENTS.

56-1609. ANNUAL INTERMEDIATE CARE FACILITY ADJUSTMENT PAYMENTS. (1) All ICFs shall be eligible for annual ICF adjustments.
(2) For the purpose of this section, "medicaid days" are days of ICF services paid for by the Idaho medical assistance program for the applicable state fiscal year.
(a) For state fiscal year 2011, medicaid days for each provider’s cost report ending in calendar year 2009 shall be utilized to determine the ICF adjustment payment.
(b) For state fiscal year 2012, medicaid days for each provider’s cost report ending in calendar year 2010 shall be utilized to determine the ICF adjustment payment.
(c) Adjustment payments for a new provider, not new ownership, without a full year cost report shall be determined using medicaid patient day information from the full calendar quarter of business prior to the rate adjustment quarter.
(3) Adjustment payments shall be paid on an annual basis to reimburse covered medicaid expenditures in the aggregate within the upper payment limit.
(4) If a provider does not pay its annual assessment within thirty (30) days after receipt of the department invoice, no further rate adjustment payments shall be made to the provider until receipt of all assessments in arrears. If a provider pays its annual assessment more than sixty (60) days after receiving the department invoice, the subsequent adjustment payment shall be reduced twenty percent (20%).
History:
[56-1609, added 2011, ch. 164, sec. 24, p. 482.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 16 - IDAHO INTERMEDIATE CARE FACILITY ASSESSMENT ACT › Section 56-1610 - RULEMAKING AUTHORITY.

56-1610. RULEMAKING AUTHORITY. The department shall adopt rules to implement the provisions of this chapter.
History:
[56-1610, added 2011, ch. 164, sec. 24, p. 482.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 17 - CRISIS STANDARDS OF CARE ACT › Section 56-1701 - SHORT TITLE.

56-1701. SHORT TITLE. This chapter shall be known and may be cited as the "Crisis Standards of Care Act."
History:
[56-1701, added 2022, ch. 253, sec. 1, p. 829.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 17 - CRISIS STANDARDS OF CARE ACT › Section 56-1702 - LEGISLATIVE INTENT.

56-1702. LEGISLATIVE INTENT. The Idaho legislature recognizes the need for the department of health and welfare to prepare for various public health crises and natural disasters and carry out response activities when a public health crisis or natural disaster occurs. The legislature recognizes the legitimacy of preparing emergency plans and guidance to provide the most benefit possible when health care resources are limited as a result of a public health crisis or natural disaster. However, the department of health and welfare is charged with the responsibility of limiting the duration and scope of operating in crisis standards of care by using all measures that are available and within its authority. The department is further charged with the responsibility of developing long-term capacity strategies to reasonably prepare for future surges in health care demand. Such strategies shall recognize the pace of Idaho’s population growth.
History:
[56-1702, added 2022, ch. 253, sec. 1, p. 829.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 17 - CRISIS STANDARDS OF CARE ACT › Section 56-1703 - DEFINITIONS.

56-1703. DEFINITIONS. As used in this chapter:
(1) "Activation" means a declaration by the director of the department of health and welfare that health care facilities may operate under crisis standards of care as necessary when scarce resource limitations preclude operating under usual standards of care.
(2) "Assistance" means aid in meeting daily living needs.
(3) "Crisis standards of care" means a substantial change in the usual health care operations and the level of care it is possible to deliver, justified by specific circumstances and formally declared by a state government in recognition that crisis operations will be in effect for a sustained period.
(4) "Declaration" means the issuance by the director of the department of health and welfare of a declaration or documentation that crisis standards of care have been activated in a particular region or statewide.
(5) "Department" means the Idaho department of health and welfare.
(6) "Director" means the director of the Idaho department of health and welfare.
(7) "Essential caregiver" means a person designated by a patient or resident to visit the patient or resident at a health care facility.
(8) "Health care facility" or "facility" means a hospital, a nursing facility, or an intermediate care facility for individuals with intellectual disabilities as defined in chapter 13, title 39, Idaho Code, or a residential care or assisted living facility as defined in chapter 33, title 39, Idaho Code.
(9) "Health care services" means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.
(10) "Patient" means a person receiving health care services at a health care facility.
(11) "Resident" means a person receiving assistance at a health care facility.
History:
[56-1703, added 2022, ch. 253, sec. 1, p. 829.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 17 - CRISIS STANDARDS OF CARE ACT › Section 56-1704 - DUTIES OF THE DIRECTOR.

56-1704. DUTIES OF THE DIRECTOR. The director shall have the power and duty to:
(1) Declare that crisis standards of care are activated in a region or statewide if conditions warrant a declaration; and
(2) Promulgate rules that are necessary to carry out the policies and purposes of this chapter.
History:
[56-1704, added 2022, ch. 253, sec. 1, p. 830.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 17 - CRISIS STANDARDS OF CARE ACT › Section 56-1705 - PATIENT AND RESIDENT RIGHTS UNDER CRISIS STANDARDS OF CARE.

56-1705. PATIENT AND RESIDENT RIGHTS UNDER CRISIS STANDARDS OF CARE. During any period of time in which crisis standards of care are activated:
(1) All existing and applicable state and federal patient and resident rights shall be applied. These rights include but are not limited to adherence to a patient’s or resident’s advance directives and access to patient or resident advocates and decision-makers. No patient or resident shall be denied life-sustaining nutrition and hydration, except when expressly authorized by the patient or resident or the patient’s or resident’s legal representative for health care decisions; and
(2) A patient or resident in a facility has the right to visitation from essential caregivers while receiving assistance or health care services at a facility, even if other visitors are being excluded by the facility. However, the essential caregiver must follow safety and other protocols imposed by the facility, and a facility may place reasonable restrictions as to where and when the essential caregiver may visit. For purposes of this subsection, a restriction is reasonable if the restriction:
(a) Is necessary to prevent the disruption of assistance or health care services to the patient or resident; and
(b) Does not interfere with the patient’s or resident’s general right to visitation by an essential caregiver.
History:
[56-1705, added 2022, ch. 253, sec. 1, p. 830.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 17 - CRISIS STANDARDS OF CARE ACT › Section 56-1706 - GUIDING PRINCIPLES UNDER CRISIS STANDARDS OF CARE.

56-1706. GUIDING PRINCIPLES UNDER CRISIS STANDARDS OF CARE. A health care facility operating under crisis standards of care must do so according to the following guiding principles:
(1) The focus of crisis standards of care is on saving the most lives with limited health care resources, while maintaining equitable health care access for all patients and residents;
(2) No patients or residents will be discriminated against based on disability, race, color, national origin, age, sex, gender, or exercise of conscience or religion;
(3) In determining candidacy for treatment or access to critical care resources, categorical exclusions are prohibited; and
(4) Decisions regarding candidacy for treatment should be based on individualized assessments using the best available objective medical evidence.
History:
[56-1706, added 2022, ch. 253, sec. 1, p. 830.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 17 - CRISIS STANDARDS OF CARE ACT › Section 56-1707 - DEPARTMENT REPORT — REPORT BY FACILITIES.

56-1707. DEPARTMENT REPORT — REPORT BY FACILITIES. Upon activation of crisis standards of care:
(1) The director shall within one (1) week of such activation, or as soon as feasible thereafter, make a formal written report to the governor, the president pro tempore of the senate, the speaker of the house of representatives, the senate health and welfare committee, and the house of representatives health and welfare committee regarding the exact nature of any shortage driving the need for activation. The written report shall include a mitigation plan that addresses how the state can help support the health care facility in addressing resource shortages to limit the scope and duration of operating under crisis standards of care. If the governor has declared a disaster emergency pursuant to chapter 10, title 46, Idaho Code, due to the same or related conditions that necessitated the activation of crisis standards of care, then the director shall also include in the written report recommendations for the use of funds available in the disaster emergency account to mitigate the scarce resource limitations; and
(2) Any health care facility operating under crisis standards of care shall provide a daily report to the department on conditions at the facility, including an assessment as to whether crisis standards of care remain necessary.
History:
[56-1707, added 2022, ch. 253, sec. 1, p. 831.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 17 - CRISIS STANDARDS OF CARE ACT › Section 56-1708 - OFFICE OF PATIENT OMBUDSMAN.

56-1708. OFFICE OF PATIENT OMBUDSMAN. If crisis standards of care are declared by the director, there will be established within the governor’s office an office of patient ombudsman to receive calls, emails, and written complaints from Idaho patients, residents, or families seeking help in obtaining health care services. The ombudsman shall advocate for the rights and needs of patients and residents negatively impacted by crisis standards of care. The office shall operate for the duration of the crisis standards of care and shall cease to operate no later than three (3) weeks after the declaration of crisis standards of care is terminated. The ombudsman will be provided with sufficient resources for staffing and advertising. When an office of patient ombudsman has been established, the governor’s office shall provide a written report to the president pro tempore of the senate, the speaker of the house of representatives, the senate health and welfare committee, and the house of representatives health and welfare committee that contains the number of contacts received, cases engaged, and resolutions obtained by the office of patient ombudsman.
History:
[56-1708, added 2022, ch. 253, sec. 1, p. 831.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 18 - EXTENDED EMPLOYMENT SERVICES PROGRAM › Section 56-1801 - DEFINITIONS.

56-1801. DEFINITIONS. As used in this chapter:
(1) "Department" means the department of health and welfare.
(2) "Extended employment services" means long-term maintenance services that assist participants in maintaining employment or gaining employment skills in preparation for community employment or that provide assistance to adult participants within an industry or a business setting or a community rehabilitation program intended to maintain paid employment. Extended employment services include individual community-based supported employment, group community-based supported employment, and work services.
(3) "Group community-based supported employment" means self-employment or paid employment that is:
(a) For a group of no more than eight (8) participants who are paid at least minimum wage and who because of their disabilities need ongoing support to maintain employment;
(b) Conducted in a variety of community and industry settings where participants have opportunities to interact with coworkers or others without known paid work supports, at least to the extent that those opportunities typically exist in that work setting;
(c) Supported by training and supervision needed to maintain that employment; and
(d) Not conducted in the work services area of a provider.
(4) "Individual community-based supported employment" means self-employment or paid employment:
(a) For which a participant is paid a competitive wage;
(b) For which a participant because of the participant’s disability needs ongoing support to maintain the employment;
(c) That is conducted in a community or industry setting where persons without known paid work supports are employed; and
(d) That is supported by authorized activities needed to sustain paid work by persons with disabilities, including but not limited to supervision and training.
(5) "Individual program plan" means a plan for extended employment services appropriate for an individual participant based on the participant’s needs and personal goals.
(6) "Participant" means a person eligible for and enrolled in the program established pursuant to this chapter.
(7) "Program" means the extended employment services program established by this chapter.
(8) "Provider" means a community rehabilitation program services provider approved by the department to provide extended employment services.
(9) "Work services" means activities, including remunerative work, typically conducted on provider premises, intended to assist participants in understanding the value and demands of work and developing functional capacities that increase or maintain the skill sets needed to achieve and maintain employment.
History:
[(56-1801) 56-1701, added 2022, ch. 200, sec. 2, p. 651; am. and redesig. 2023, ch. 218, sec. 21, p. 644.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 18 - EXTENDED EMPLOYMENT SERVICES PROGRAM › Section 56-1802 - PROGRAM ESTABLISHED.

56-1802. PROGRAM ESTABLISHED. (1) There is hereby established in the department an extended employment services program for the purpose of increasing employment opportunities for program participants. The program shall be administered by the department. Extended employment services offered under this program are separate and apart from any federal program but may be collaborative with and supportive of federal programs.
(2) Program services shall be:
(a) Provided when eligible individuals do not have access to comparable services or when they have fully utilized comparable services for which they are eligible; and
(b) Separate and apart from any delivered vocational rehabilitation services as defined in 29 U.S.C. 705(40) provided by the Idaho division of vocational rehabilitation.
(3) The department will determine the process for identifying comparable services.
History:
[(56-1802) 56-1702, added 2022, ch. 200, sec. 2, p. 652; am. and redesig. 2023, ch. 218, sec. 21, p. 645.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 18 - EXTENDED EMPLOYMENT SERVICES PROGRAM › Section 56-1805 - PROGRAM PROVIDERS — REQUIREMENTS — REVOCATION OF APPROVAL — AGREEMENT REVIEW.

56-1805. PROGRAM PROVIDERS — REQUIREMENTS — REVOCATION OF APPROVAL — AGREEMENT REVIEW. (1) Extended employment services providers must be approved by the department prior to participation in the program. The department shall enter an agreement with each approved provider. The agreement shall specify:
(a) Minimum provider requirements:
(i) The provider must be accredited by an approved national or regional accrediting body, specific to vocational supports for individuals with disabilities. Approved program accrediting bodies will be published annually to the department’s website; and
(ii) The providers must remain in good standing with their accreditor;
(b) Services to be offered by the provider;
(c) Scope of work under the agreement;
(d) Service fees;
(e) Provider appeal process; and
(f) Other terms, conditions, and provisions as determined by the department.
(2) The department may terminate or revoke the approval status and discontinue authorizing or purchasing services from providers for actions in violation of the agreement or program requirements.
(3) A provider agreement shall be reviewed annually by the department, in collaboration with the providers, and is subject to revision as required by the department.
(4) Providers must maintain program participant files for five (5) years from the last date of service.
(5) The department may audit billing records and other documentation submitted by providers to verify the accuracy of such records.
(6) The department may deny, revoke, or recover service payments if the provider fails to comply with the terms of the provider agreement.
History:
[(56-1805) 56-1705, added 2022, ch. 200, sec. 2, p. 655; am. and redesig. 2023, ch. 218, sec. 21, p. 648.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-101 - NAME OF ACT.

57-101. NAME OF ACT. This chapter may be cited as the "Public Depository Law."
History:
[(57-101) 1921, ch. 256, sec. 1, p. 557; I.C.A., sec. 55-101.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-102 - SCOPE OF ACT.

57-102. SCOPE OF ACT. This chapter is designed to safeguard and protect the funds of all political subdivisions and of all municipal and quasi-municipal corporations of the state, having power to levy taxes or assessments, now existing or hereafter created and whether organized under the general laws or any special law of the state.
History:
[(57-102) 1921, ch. 256, sec. 2, p. 557; I.C.A., sec. 55-102.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-103 - DEFINITIONS.

57-103. DEFINITIONS. In this chapter, unless the context otherwise requires, words and phrases shall have the meanings defined in the sections following.
History:
[(57-103) 1921, ch. 256, sec. 3, p. 557; I.C.A., sec. 55-103.]