reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1036 - LEGISLATIVE INTENT.

56-1036. LEGISLATIVE INTENT. (1) The legislature finds that accidental poisoning is a serious public health problem in the state of Idaho and is a problem that disproportionately affects Idaho’s children. It further finds that a significant reduction in the morbidity and mortality resulting from such accidental poisonings has occurred as a result of the services provided by the poison control center.
(2) The purpose of sections 56-1036 through 56-1040, Idaho Code, is to declare legislative support for the important work of the poison control center and to assure, by statute, the continued existence of the poison control center.
(3) The legislature finds that the poison control center has saved lives and reduced suffering associated with poisoning by providing emergency telephone assistance and treatment referral to victims of such incidents, by providing immediate treatment information to health care professionals, and by providing public education and prevention programs.
(4) The legislature recognizes that enhanced cooperation between the emergency medical system and poison control centers will aid in responding to emergencies resulting from exposure to poisons and that, by providing telephone assistance to individuals with possible exposure to poisons, the need for emergency room and professional office visits will be reduced. As a result, the cost of health care to those who may have been poisoned will be avoided or reduced and appropriate treatment will be assured.
History:
[(56-1036) 39-166, added 1996, ch. 147, sec. 1, p. 483; am. and redesig. 2001, ch. 110, sec. 31, p. 387.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1037 - POISON CONTROL CENTER ESTABLISHED — SERVICES OFFERED.

56-1037. POISON CONTROL CENTER ESTABLISHED — SERVICES OFFERED. The director of the department of health and welfare (for purposes of sections 56-1036 through 56-1040, Idaho Code, "director") shall establish, and provide support in a manner consistent with sections 56-1036 through 56-1040, Idaho Code, a statewide poison control center. The poison control center shall offer the following services:
(1) Provide twenty-four (24) hour emergency telephone management and treatment referral of victims of poisoning to include determining whether treatment can be accomplished at the scene of the incident or transport to an emergency treatment or other facility is required, and carrying out telephone follow-up to families and other individuals to assure that adequate care is provided;
(2) Provide information to health professionals involved in management of poisoning and overdose victims; and
(3) Provide coordination and development of community education programs designed to inform the public and members of the health professions of poison prevention and treatment methods and to improve awareness of poisoning problems, occupational risks and environmental exposures.
History:
[(56-1037) 39-167, added 1996, ch. 147, sec. 1, p. 484; am. and redesig. 2001, ch. 110, sec. 32, p. 388.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1038 - COORDINATION WITH OTHER AGENCIES.

56-1038. COORDINATION WITH OTHER AGENCIES. The director shall establish a system for consulting with other state agency programs concerned with poisons and poisonings, incidents involving exposures to potentially poisonous substances, and other toxicological matters to develop the most coordinated and consistent response to such situations as is reasonably possible.
History:
[(56-1038) 39-168, added 1996, ch. 147, sec. 1, p. 484; am. and redesig. 2001, ch. 110, sec. 33, p. 388.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1039 - POWER TO ACCEPT FEDERAL FUNDS AND GIFTS.

56-1039. POWER TO ACCEPT FEDERAL FUNDS AND GIFTS. The director may accept federal funds granted by congress or executive order, as well as gifts, grants, endowments and/or donations from individuals and private organizations or foundations for all or any of the purposes of the poison control center.
History:
[(56-1039) 39-169, added 1996, ch. 147, sec. 1, p. 484; am. and redesig. 2001, ch. 110, sec. 34, p. 388.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1040 - RULEMAKING AUTHORITY.

56-1040. RULEMAKING AUTHORITY. The director shall adopt rules necessary to administer sections 56-1036 through 56-1040, Idaho Code, pursuant to chapter 52, title 67, Idaho Code.
History:
[(56-1040) 39-170, added 1996, ch. 147, sec. 1, p. 484; am. and redesig. 2001, ch. 110, sec. 35, p. 389.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1041 - STATE X-RAY CONTROL AGENCY.

56-1041. STATE X-RAY CONTROL AGENCY. (1) The state department of health and welfare is designated as the state agency having the responsibility for administration of the regulatory, licensing and radiation control provisions associated with x-ray producing machines, as defined in section 56-1042, Idaho Code.
(2) The director of the department of health and welfare shall be administrator of the agency, hereinafter referred to as the director, who shall perform the functions vested in the agency pursuant to the provisions of sections 56-1041 through 56-1053, Idaho Code.
(3) In accordance with the laws of the state, the director may appoint, fix the compensation, and prescribe the powers and duties of such individuals, including consultants, advisory councils, emergency teams and committees as may be necessary to carry out the provisions of sections 56-1041 through 56-1053, Idaho Code. The personnel engaged in field activities of evaluation and inspection shall at least have a baccalaureate degree in the physical and/or life sciences, or the equivalent, and be trained in health physics.
(4) The agency shall for the protection of the occupational and public health and safety:
(a) Develop programs for evaluation of hazards associated with use of radiation;
(b) Formulate and recommend that the board of health and welfare adopt, promulgate and repeal codes, rules and standards relating to control of x-ray producing machines;
(c) Advise, consult, and cooperate with other agencies of the state, and federal government, other states and interstate agencies, political subdivisions, and with groups concerned with control of x-ray producing machines;
(d) Encourage, participate in, or conduct studies, investigations, training, research and demonstrations relating to x-ray producing machines;
(e) Collect and disseminate information relating to control of x-ray producing machines, including:
(i) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations; and
(ii) Maintenance of a file of registrants possessing x-ray producing machines requiring registration under the provisions of sections 56-1041 through 56-1053, Idaho Code, and any administrative or judicial action pertaining thereto;
(f) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions from the federal government and from other sources, public or private;
(g) Issue subpoenas in order to compel the attendance of necessary witnesses and/or the production of records and documents.
History:
[56-1041, added 2001, ch. 110, sec. 37, p. 390.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1042 - DEFINITIONS.

56-1042. DEFINITIONS. As used in sections 56-1041 through 56-1053, Idaho Code:
(1) "Board" means the Idaho board of health and welfare.
(2) "Department" means the Idaho department of health and welfare.
(3) "Electronic product" means any manufactured product or device or component part of such a product or device that has an electronic circuit which during operation can generate or emit a physical field of radiation.
(4) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of the foregoing.
(5) "Registration" means registration by any person possessing an x-ray producing machine in accordance with rules and standards adopted by the state board of health and welfare.
(6) "X-ray producing machine" means any type of device which is capable of producing or emitting x-rays.
History:
[56-1042, added 2001, ch. 110, sec. 38, p. 391.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1044 - RADIATION MACHINES USED TO PERFORM MAMMOGRAPHY.

56-1044. RADIATION MACHINES USED TO PERFORM MAMMOGRAPHY. (1) No person shall use a radiation machine to perform mammography unless the radiation machine is registered with the department of health and welfare under department rules for registration of radiation machines and is specifically authorized under this section for use for mammography.
(2) The department shall authorize a radiation machine for use for mammography if the radiation machine meets the current criteria of the American college of radiology mammography accreditation program, published by the American college of radiology, or meets an equivalent standard adopted by the department. The department shall make copies of those criteria available to the public.
(3) The department may withdraw the mammography authorization for a radiation machine if it does not meet the standards set forth in subsection (2) of this section.
(4) The department shall provide an opportunity for a hearing in connection with a denial or withdrawal of mammography authorization.
(5) Upon a finding that a deficiency in a radiation machine used for mammography or a violation of the rules promulgated under this section seriously affects the health, safety, and welfare of individuals upon whom the radiation machine is used for mammography, the department may issue an emergency order summarily withdrawing the mammography authorization of the radiation machine. The department shall incorporate its findings in the order and shall provide an opportunity for a hearing within five (5) working days after issuance of the order. The order shall be effective during the proceedings.
(6) If the department withdraws the mammography authorization of a radiation machine, the radiation machine shall not be used for mammography until reauthorized by the department.
(7) If a person violates the provisions of subsection (1) of this section, the department shall post a conspicuous notice on the unauthorized radiation machine and at the entry to the facility where the radiation machine is located warning the public that the facility is performing mammography using a radiation machine that is a substantial hazard to the public health.
History:
[(56-1044) 39-3030, added 1991, ch. 172, sec. 1, p. 419; am. and redesig. 2001, ch. 110, sec. 36, p. 389.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1045 - INSPECTION.

56-1045. INSPECTION. The department or its duly authorized representative shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of sections 56-1041 through 56-1053, Idaho Code, and rules issued thereunder, except that entry into areas under the exclusive jurisdiction of the federal government, or security areas under the direct or indirect jurisdiction of the federal government, shall be effected only with the concurrence of the federal government or its duly designated representative.
History:
[56-1045, added 2001, ch. 110, sec. 40, p. 393.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1046 - RECORDS.

56-1046. RECORDS. (1) The department shall require each person who possesses or uses an x-ray producing machine to maintain necessary records relating to its receipt, use, storage, transfer, or disposal and such other records as the department may require which will permit the determination of the extent of occupational and public exposure from the x-ray producing machine. Copies of these records shall be submitted to the department on request. These requirements are subject to such exemptions as may be provided by rule.
(2) The department may by rule establish standards requiring that personnel monitoring be provided for any employee potentially exposed to x-rays and may provide for the reporting to any employee of his x-ray exposure record.
History:
[56-1046, added 2001, ch. 110, sec. 41, p. 393.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1047 - FEDERAL-STATE AGREEMENTS — AUTHORIZED — EFFECT AS TO FEDERAL LICENSES.

56-1047. FEDERAL-STATE AGREEMENTS — AUTHORIZED — EFFECT AS TO FEDERAL LICENSES. (1) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government’s responsibilities with respect to x-ray producing machines and the assumption thereof by this state pursuant to sections 56-1041 through 56-1053, Idaho Code.
(2) Any person who, on the effective date of an agreement under subsection (1) of this section, possesses a license issued by the federal government, shall be deemed to possess the same pursuant to a license issued under sections 56-1041 through 56-1053, Idaho Code, which shall expire either ninety (90) days after the receipt from the department of a notice of expiration of such license or on the date of expiration specified in the federal license, whichever is earlier.
History:
[56-1047, added 2001, ch. 110, sec. 42, p. 393.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1048 - INSPECTION AGREEMENTS AND TRAINING PROGRAMS.

56-1048. INSPECTION AGREEMENTS AND TRAINING PROGRAMS. (1) The department is authorized to enter into an agreement or agreements with the federal government, other states, or interstate agencies, whereby this state will perform on a cooperative basis with the federal government, other states, or interstate agencies, inspections or other functions relating to control of x-ray producing machines.
(2) The department may institute training programs for the purpose of qualifying personnel to carry out the provisions of sections 56-1041 through 56-1053, Idaho Code, and may make said personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of such sections.
History:
[56-1048, added 2001, ch. 110, sec. 43, p. 393.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1049 - ADMINISTRATIVE PROCEDURE.

56-1049. ADMINISTRATIVE PROCEDURE. In any proceeding under sections 56-1041 through 56-1053, Idaho Code, for the issuance or modification or repeal of rules relating to control of x-ray producing machines, the department shall comply with the requirements of chapter 52, title 67, Idaho Code.
Notwithstanding any other provision of sections 56-1041 through 56-1053, Idaho Code, whenever the department finds that an emergency exists requiring immediate action to protect the public health, safety or general welfare, the department may, without notice or hearing, issue a rule or order reciting the existence of such emergency and require that such action be taken as is necessary to meet the emergency. Such rules or orders shall be effective immediately.
History:
[56-1049, added 2001, ch. 110, sec. 44, p. 394.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1050 - INJUNCTION PROCEEDINGS.

56-1050. INJUNCTION PROCEEDINGS. Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of sections 56-1041 through 56-1053, Idaho Code, or any rule or order issued thereunder, the attorney general, upon the request of the department, after notice to such person and opportunity to comply, may make application to the appropriate court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the department that such person has engaged in, or is about to engage in, any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
History:
[56-1050, added 2001, ch. 110, sec. 45, p. 394.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1051 - PROHIBITED USES.

56-1051. PROHIBITED USES. (1) It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any x-ray producing machine unless licensed by or registered with, or exempted by the department in accordance with the provisions of sections 56-1041 through 56-1053, Idaho Code.
(2) It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any other x-ray producing machine that has been identified by the department as presenting a potential hazard unless such x-ray producing machine is licensed by or registered by the department in accordance with the provisions of sections 56-1041 through 56-1053, Idaho Code.
History:
[56-1051, added 2001, ch. 110, sec. 46, p. 394.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1052 - IMPOUNDING OF MATERIALS.

56-1052. IMPOUNDING OF MATERIALS. The department shall have the authority in the event of an emergency to impound or order the impounding of x-ray producing machines in the possession of any person who is not equipped to observe or fails to observe the provisions of sections 56-1041 through 56-1053, Idaho Code, or any rules issued thereunder.
History:
[56-1052, added 2001, ch. 110, sec. 47, p. 395.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1053 - PENALTIES.

56-1053. PENALTIES. Any person who violates any of the provisions of sections 56-1041 through 56-1053, Idaho Code, or rules or orders in effect pursuant thereto shall be guilty of a misdemeanor.
History:
[56-1053, added 2001, ch. 110, sec. 48, p. 395.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1055 - CYTOMEGALOVIRUS INFORMATION.

56-1055. CYTOMEGALOVIRUS INFORMATION. (1) The department shall make available the following information to the public, particularly pregnant women and women who may become pregnant:
(a) Incidence of cytomegalovirus (CMV);
(b) Transmission of CMV;
(c) Birth defects caused by congenital CMV;
(d) Available preventive measures; and
(e) Other information relating to CMV deemed pertinent by the department.
(2) The department shall make available the information described in subsection (1) of this section to:
(a) Health care providers licensed under title 54, Idaho Code, offering care to pregnant women and infants;
(b) Daycare and child care programs and facilities licensed under title 39, Idaho Code, and persons employed by such programs or facilities;
(c) School districts and persons offering health care or health education in a school district;
(d) Religious, ecclesiastical or denominational organizations offering children’s programs as part of their services, and persons employed or volunteering for such programs; and
(e) Other persons and entities that would benefit from such information, as determined by the department.
History:
[56-1055, added 2017, ch. 93, sec. 1, p. 241.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 11 - IDAHO FAMILY ASSET BUILDING INITIATIVE › Section 56-1101 - DEFINITIONS.

56-1101. DEFINITIONS. As used in this chapter, unless the context requires otherwise:
(1) "Account holder" means a member of a low-income household who is the named depositor of an individual development account.
(2) "Board" means the individual development account advisory board as established pursuant to the provisions of this chapter.
(3) "Fiduciary organization" means a nonprofit, fundraising organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code, approved by the state, including any Indian tribe as defined in section 4(12) of the native American housing assistance and self-determination act of 1996 (25 U.S.C. section 4103(12)) and any tribal subsidiary, subdivision, or other wholly owned tribal entity.
(4) "Financial institution" means any state bank, national bank, savings bank, savings and loan association, credit union, insurance company, brokerage firm or other similar entity that insures the deposits of its investors and is authorized to do business in this state.
(5) "Individual development account" means a contract between an account holder and a fiduciary organization, for the deposit of funds into a financial institution by the account holder, and the deposit of matching funds into the financial institution by the fiduciary organization from private and public contributions made to the fiduciary organization for such purpose, to allow the account holder to accumulate assets for use toward achieving a specific purpose approved by the fiduciary organization.
(6) "Low-income household" means a single person or family whose adjusted annual income is less than two hundred percent (200%) of the annual federal poverty guideline.
History:
[56-1101, added 2002, ch. 149, sec. 1, p. 435.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 11 - IDAHO FAMILY ASSET BUILDING INITIATIVE › Section 56-1102 - LEGISLATIVE FINDINGS.

56-1102. LEGISLATIVE FINDINGS. The legislature finds that:
(1) The problem of poverty will not be solved solely by government programs and income subsidies.
(2) It is in the best interest of all Idahoans to structure incentives in a way that will result in a greater likelihood that low-income and working-poor individuals will attain self-sufficiency.
(3) It is in the best interest of all Idahoans to encourage low-income individuals, neighborhoods and communities to benefit from the developments achieved through the growth in assets and investments.
(4) Achieving self-sufficiency and assessing economic opportunity for low-income and working-poor individuals can be addressed through public policy that invests in asset accumulation and is supported by private sector philanthropy.
(5) Providing a structured savings situation for low-income and working-poor individuals enhances their chances of fulfilling major life goals and opportunities and incorporates them into the economic mainstream.
(6) The state has an opportunity to take advantage of private and public resources by making the transition to an asset-based antipoverty strategy. Those resources include, but are not limited to, the assets for independence act (42 U.S.C. section 604) and the workforce investment act (P.L. 105-220).
(7) Investment through an individual development account program will help lower-income households obtain the assets they need to succeed. Communities and this state will experience resultant economic and social benefits accruing from the promotion of job training and higher education, home ownership and small business development.
(8) It is desirable for this state to enact legislation that enables an authorized fiduciary organization sufficient flexibility to receive private, state and federal moneys for individual development accounts. The legislature should periodically review the provisions of this chapter to ensure that this state maximizes the receipt of available federal moneys for individual development accounts.
History:
[56-1102, added 2002, ch. 149, sec. 1, p. 436.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 11 - IDAHO FAMILY ASSET BUILDING INITIATIVE › Section 56-1103 - PERSONS QUALIFYING AS ACCOUNT HOLDERS.

56-1103. PERSONS QUALIFYING AS ACCOUNT HOLDERS. (1) A person who qualifies to become an account holder may enter into an agreement with a fiduciary organization for the establishment of an individual development account.
(2) A person is qualified to become an account holder if the person is a member of a low-income household.
(3) A person applying to establish an account must enroll in a personal development plan developed by the person and the fiduciary organization. The plan must provide the person with financial training and counseling, career or business planning and other services designed to increase the independence of the person and the person’s household through achievement of the account’s approved purpose.
History:
[56-1103, added 2002, ch. 149, sec. 1, p. 437.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 11 - IDAHO FAMILY ASSET BUILDING INITIATIVE › Section 56-1105 - REQUIRED ACCOUNT FEATURES — MATCHING MONEYS.

56-1105. REQUIRED ACCOUNT FEATURES — MATCHING MONEYS. (1) The fiduciary organization shall structure the accounts to have the following features:
(a) The fiduciary organization matches amounts deposited by the account holder according to a formula established by the fiduciary organization. The fiduciary organization shall deposit not less than one dollar ($1.00) nor more than five dollars ($5.00) into the account for each one dollar ($1.00) deposited by the account holder.
(b) The matching deposits by the fiduciary organization to the individual development account are placed in a savings account that is controlled by the fiduciary organization and held separately from the savings account of the account holder.
(2) Deposits by a fiduciary organization to an account shall not exceed three thousand dollars ($3,000) in any twelve (12) month period.
(3) The total amount paid into an individual development account during its existence, including amounts from deposits, matching deposits and interest or investment earnings, may not exceed twenty thousand dollars ($20,000).
(4) Nothing in this chapter shall be construed to create an entitlement to matching moneys. The number of individuals who may receive disbursement of matching philanthropic moneys by sponsoring organizations pursuant to the provisions of this chapter shall necessarily be limited by the amount of philanthropic moneys available in any given year for such purpose.
History:
[56-1105, added 2002, ch. 149, sec. 1, p. 438.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 11 - IDAHO FAMILY ASSET BUILDING INITIATIVE › Section 56-1106 - INDIVIDUAL DEVELOPMENT ACCOUNT ADVISORY BOARD — POWERS AND DUTIES.

56-1106. INDIVIDUAL DEVELOPMENT ACCOUNT ADVISORY BOARD — POWERS AND DUTIES. There is hereby created the individual development account advisory board. The board shall consist of the administrator of the division of financial management or his designee who shall serve as chair, the director of the department of finance or designee, the director of the department of health and welfare or designee, the director of the department of commerce or designee, the chairman of the Idaho state tax commission or designee, and the superintendent of public instruction or designee. A quorum shall be necessary to transact business. Members of the board shall be compensated by their appointing entity. The individual development account board shall:
(1) Develop and administer the individual development account program in a manner consistent with this chapter through the adoption of guidelines and procedures, and rules adopted in compliance with chapter 52, title 67, Idaho Code;
(2) Retain professional services, if necessary, including accountants, auditors, consultants and other experts;
(3) Seek rulings and other guidance, as necessary, from the United States department of the treasury, the internal revenue service and the state tax commission relating to the program;
(4) Make changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by section 529 of the Internal Revenue Code of 1986, as amended.
(5) Interpret, in rules, policies, guidelines and procedures, the provisions of this chapter broadly in light of its purpose and objectives; and
(6) Approve fiduciary organizations to implement the individual development account program and administer moneys for individual development account purposes. In making the selections, the board shall consider factors including, but not limited to:
(a) The ability of the fiduciary organization to implement and administer the individual development account program, including the ability to verify account holder eligibility, certify that matching deposits are used only for approved purposes and exercise general fiscal accountability;
(b) The capacity of the fiduciary organization to provide or raise matching funds for the deposits of account holders;
(c) The capacity of the fiduciary organization to provide financial counseling and other related services to account holders;
(d) The links that the fiduciary organization has to other activities and programs designed to increase the independence of this state’s lower-income households through education and training, home ownership and small business development; and
(e) The ability to meet criteria established by the federal government relating to individual development account programs.
History:
[56-1106, added 2002, ch. 149, sec. 1, p. 438.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 11 - IDAHO FAMILY ASSET BUILDING INITIATIVE › Section 56-1107 - FIDUCIARY ORGANIZATIONS — AUTHORITY AND DUTIES.

56-1107. FIDUCIARY ORGANIZATIONS — AUTHORITY AND DUTIES. (1) Subject to rules of the individual development account advisory board, a fiduciary organization has sole authority over, and responsibility for, the administration of individual development accounts. The responsibility of the fiduciary organization extends to all aspects of the account program, including marketing to participants, soliciting matching contributions, counseling account holders, providing financial training, and conducting required verification and compliance activities. The fiduciary organization may establish program provisions as the organization believes necessary to ensure account holder compliance with the provisions of this chapter.
(2) A fiduciary organization may act in partnership with other entities, including businesses, government agencies, nonprofit organizations, community development corporations, community action programs, housing authorities and congregations to assist in the fulfillment of fiduciary organization responsibilities under this chapter.
(3) A fiduciary organization may use a reasonable portion of moneys allocated to the individual development account program for administration, operation and evaluation purposes.
(4) A fiduciary organization selected to administer moneys for individual development account purposes or to receive tax deductible contributions shall provide the board with an annual report of the fiduciary organization’s individual development account program activity. The report shall be filed no later than ninety (90) days after the end of the fiscal year of the fiduciary organization, or November 1 of each year, whichever occurs first. The report shall include, but not be limited to, the following information for the preceding year:
(a) The number of individual development accounts administered by the fiduciary organization;
(b) The amount of deposits and matching deposits for each account;
(c) The purpose of each account;
(d) The amount of withdrawals made for approved purposes, and the amount of withdrawals made for nonapproved purposes;
(e) The determination of whether certain donors are corporations; and
(f) Any other information the board may require for the purpose of making a return on investment analysis.
History:
[56-1107, added 2002, ch. 149, sec. 1, p. 439.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 11 - IDAHO FAMILY ASSET BUILDING INITIATIVE › Section 56-1108 - PUBLIC ASSISTANCE — ELIGIBILITY DETERMINATION.

56-1108. PUBLIC ASSISTANCE — ELIGIBILITY DETERMINATION. Moneys in an individual development account established pursuant to the provisions of this chapter, or moneys withdrawn from an individual development account on behalf of an account holder for an approved purpose, shall not be counted as an asset of the account holder for the purpose of eligibility determination for any public assistance offered by the state of Idaho or a political subdivision of the state of Idaho.
History:
[56-1108, added 2002, ch. 149, sec. 1, p. 440.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 12 - IDAHO STATE INDEPENDENT LIVING COUNCIL › Section 56-1201 - IDAHO STATE INDEPENDENT LIVING COUNCIL — LEGISLATIVE INTENT.

56-1201. IDAHO STATE INDEPENDENT LIVING COUNCIL — LEGISLATIVE INTENT. The Idaho state independent living council, as hereby created and as provided for in this chapter, is not a single department of state government unto itself, nor is it a part of any of the twenty (20) departments of state government authorized by section 20, article IV, of the constitution of the state of Idaho, or of the departments prescribed in section 67-2402, Idaho Code.
It is legislative intent that the Idaho state independent living council operate and be recognized not as a state agency or department, but as a governmental entity whose creation has been authorized by the state, much in the same manner as other single purpose districts. Pursuant to this intent, and because the Idaho state independent living council is not a state department or agency, the Idaho state independent living council is exempt from the required participation in the services of the purchasing agent or employee liability coverage, as rendered by the department of administration. However, nothing shall prohibit the Idaho state independent living council from entering into contractual arrangements with the department of administration, or any other department of state government or an elected constitutional officer, for these or any other services.
It is legislative intent to require compliance with the state merit system, and to affirm the participation of the Idaho state independent living council in the public employee retirement system, chapter 13, title 59, Idaho Code, and the personnel system, chapter 53, title 67, Idaho Code.
It is also legislative intent that the matters of location of deposit of Idaho state independent living council funds, or the instruments or documents of payment from those funds shall be construed as no more than items of convenience for the conduct of business, and in no way reflect upon the nature or status of the Idaho state independent living council as an entity of government.
This section merely affirms that the Idaho state independent living council created under this chapter is not a state agency and in no way changes the character of it as it existed prior to this chapter. The functions previously performed by the state independent living council created by executive order no. 2002-05, are hereby transferred to the Idaho state independent living council pursuant to this chapter.
History:
[56-1201, added 2004, ch. 327, sec. 1, p. 978.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 12 - IDAHO STATE INDEPENDENT LIVING COUNCIL › Section 56-1202 - IDAHO STATE INDEPENDENT LIVING COUNCIL — POWERS.

56-1202. IDAHO STATE INDEPENDENT LIVING COUNCIL — POWERS. The council shall:
(1) Be independent of any state agency;
(2) Adopt bylaws and policies governing its operation;
(3) Provide to the council’s employees the employee benefit package offered to state of Idaho employees; and
(4) Meet at least quarterly.
History:
[56-1202, added 2004, ch. 327, sec. 1, p. 978.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 12 - IDAHO STATE INDEPENDENT LIVING COUNCIL › Section 56-1203 - DIRECTORS OF IDAHO STATE INDEPENDENT LIVING COUNCIL.

56-1203. DIRECTORS OF IDAHO STATE INDEPENDENT LIVING COUNCIL. Directors of the Idaho state independent living council shall be appointed by, and serve at the pleasure of, the governor. The governor shall comply with the provisions of the rehabilitation act of 1973, as amended, in making appointments to the council. The council shall select an executive director to carry out the executive functions of the council.
History:
[56-1203, added 2004, ch. 327, sec. 1, p. 979; am. 2016, ch. 224, sec. 1, p. 619.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 12 - IDAHO STATE INDEPENDENT LIVING COUNCIL › Section 56-1204 - ADDITIONAL POWERS AND DUTIES.

56-1204. ADDITIONAL POWERS AND DUTIES. The council shall carry out those powers and duties set forth in the rehabilitation act of 1973, as amended. The council shall also:
(1) Assess the need for services for Idahoans with disabilities and advocate with decision makers;
(2) Supervise and evaluate such staff as may be necessary to carry out the functions of the council;
(3) Ensure that all regularly scheduled meetings of the council are open to the public and that sufficient advance notice of meetings is provided pursuant to the open meeting law;
(4) Prepare reports and make recommendations, as necessary;
(5) Perform other activities the council deems necessary to increase the ability of Idahoans with disabilities to live independently;
(6) Promulgate rules, as may be necessary, in compliance with chapter 52, title 67, Idaho Code.
History:
[56-1204, added 2004, ch. 327, sec. 1, p. 979; am. 2016, ch. 224, sec. 2, p. 619.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 12 - IDAHO STATE INDEPENDENT LIVING COUNCIL › Section 56-1205 - ALLOCATION OF FUNDS BY DESIGNATED STATE UNITS.

56-1205. ALLOCATION OF FUNDS BY DESIGNATED STATE UNITS. The Idaho state independent living council shall enter into an agreement with the state agency designated by the state plan for independent living for the receipt, allocation and disbursement of funds to support the council’s activities. The funds shall be deposited in the Idaho state independent living council fund created pursuant to section 56-1206, Idaho Code. Such an agreement shall not be subject to the competitive bidding requirements as provided by law, and shall be limited to the amounts appropriated by the legislature or the United States congress.
History:
[56-1205, added 2004, ch. 327, sec. 1, p. 979; am. 2016, ch. 224, sec. 3, p. 619.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 12 - IDAHO STATE INDEPENDENT LIVING COUNCIL › Section 56-1206 - IDAHO STATE INDEPENDENT LIVING COUNCIL FUND.

56-1206. IDAHO STATE INDEPENDENT LIVING COUNCIL FUND. There is hereby created in the state treasury the Idaho state independent living council fund. Moneys in the fund shall consist of appropriations, grants, federal funds, donations, gifts, or moneys from any other source. Moneys in the fund are hereby perpetually appropriated for purposes provided in this chapter. The state treasurer shall invest idle moneys in the fund and any interest received on those investments shall be returned to the fund.
History:
[56-1206, added 2004, ch. 327, sec. 1, p. 979.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 13 - LONG-TERM CARE PARTNERSHIP PROGRAM › Section 56-1301 - SHORT TITLE.

56-1301. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Long-term Care Partnership Program."
History:
[(56-1301) 56-1201, added 2004, ch. 261, sec. 1, p. 737; am. and redesig. 2005, ch. 25, sec. 113, p. 129.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 13 - LONG-TERM CARE PARTNERSHIP PROGRAM › Section 56-1302 - DEFINITIONS.

56-1302. DEFINITIONS. The following words and phrases when used in this chapter have the meanings given to them unless the context clearly indicates otherwise:
(1) "Asset disregard" means the total assets an individual owns and may retain under medicaid and still qualify for benefits at the time the individual applies for benefits if the individual is a beneficiary of a long-term care partnership program approved policy.
(2) "Department" means the department of health and welfare.
(3) "Long-term care partnership program approved policy" means a long-term care insurance policy which is approved by the department of insurance and is provided through state approved long-term care insurers through the Idaho long-term care partnership program.
(4) "Medicaid" means the federal medical assistance program established under title XIX of the social security act.
History:
[(56-1302) 56-1202, added 2004, ch. 261, sec. 1, p. 737; am. and redesig. 2005, ch. 25, sec. 114, p. 129; am. 2007, ch. 253, sec. 1, p. 756.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 13 - LONG-TERM CARE PARTNERSHIP PROGRAM › Section 56-1303 - LONG-TERM CARE PARTNERSHIP PROGRAM.

56-1303. LONG-TERM CARE PARTNERSHIP PROGRAM. (1) Upon the repeal of restrictions to asset protection contained in the omnibus budget reconciliation act of 1993 (public law 103-66, 107 Stat. 312), there shall be established the Idaho long-term care partnership program, to be administered by the department with the assistance of the department of insurance to do the following:
(a) Provide incentives for individuals to insure against the costs of providing for their long-term care needs;
(b) Provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under medicaid without first being required to substantially exhaust their resources;
(c) Provide counseling services to individuals planning for their long-term care needs; and
(d) Alleviate the financial burden on the state’s medical assistance program by encouraging the pursuit of private initiatives.
(2) In the case of an individual who has received or is entitled to receive benefits under a long-term care partnership program policy, certain resources of that individual, as described in subsection (3) of this section, shall not be considered by the department as a determination of any of the following:
(a) Eligibility for medicaid;
(b) Amount of any medicaid payment; or
(c) Any subsequent recovery by the state of a payment for medical services.
(3) The department shall promulgate necessary rules and amendments to the state plan to allow for asset disregard. To provide asset disregard, for purchasers of a long-term care partnership program policy, the department shall count insurance benefits paid under the policy toward asset disregard to the extent the payments are for covered services under the long-term care partnership program policy.
History:
[(56-1303) 56-1203, added 2004, ch. 261, sec. 1, p. 737; am. and redesig. 2005, ch. 25, sec. 115, p. 129; am. 2007, ch. 253, sec. 2, p. 756.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 13 - LONG-TERM CARE PARTNERSHIP PROGRAM › Section 56-1304 - SPECIFIC ELIGIBILITY.

56-1304. SPECIFIC ELIGIBILITY. (1) An individual who is a beneficiary of a long-term care partnership program policy is eligible for assistance under medicaid using the asset disregard under section 56-1303(3), Idaho Code.
(2) If the program is discontinued, an individual who purchased a long-term care partnership policy prior to the date the program is discontinued shall be eligible to receive asset disregard.
(3) The department may enter into reciprocal agreements with other states to extend the asset disregard to residents of the state who purchased long-term care policies in another state which has a substantially similar asset disregard program to the program under section 56-1303, Idaho Code.
History:
[(56-1304) 56-1204, added 2004, ch. 261, sec. 1, p. 738; am. and redesig. 2005, ch. 25, sec. 116, p. 130.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 13 - LONG-TERM CARE PARTNERSHIP PROGRAM › Section 56-1305 - ADMINISTRATION.

56-1305. ADMINISTRATION. The department and the department of insurance are authorized to adopt rules to implement the provisions of this chapter and for its administration.
History:
[(56-1305) 56-1205, added 2004, ch. 261, sec. 1, p. 738; am. and redesig. 2005, ch. 25, sec. 117, p. 130.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 13 - LONG-TERM CARE PARTNERSHIP PROGRAM › Section 56-1306 - NOTICE REQUIREMENT.

56-1306. NOTICE REQUIREMENT. (1) An insurer issuing or marketing policies that qualify as partnership policies shall explain the benefits associated with a partnership policy by providing an asset disregard notice indicating that at the time of issue the coverage is an approved long-term care partnership policy. This asset disregard notice shall be provided to the policyholder or certificate holder no later than the time of policy or certificate delivery. This asset disregard notice shall also provide disclosure that the partnership status may be lost if the insured moves to a different state or modifies the coverage after issue, or if changes in federal or state laws occur.
(2) The notice to the consumer under subsection (1) of this section shall be developed by the director of the department of insurance.
History:
[(56-1306) 56-1206, added 2004, ch. 261, sec. 1, p. 738; am. and redesig. 2005, ch. 25, sec. 118, p. 130; am. 2007, ch. 253, sec. 3, p. 757.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 14 - IDAHO HOSPITAL ASSESSMENT ACT › Section 56-1401 - SHORT TITLE — LEGISLATIVE INTENT.

56-1401. SHORT TITLE — LEGISLATIVE INTENT. (1) This chapter shall be known and may be cited as the "Idaho Hospital 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 private hospital assessments to use in securing federal matching funds under federally prescribed upper payment limit and disproportionate share hospital programs available through the state medicaid plan.
History:
[56-1401, added 2010, ch. 186, sec. 7, p. 396.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 14 - IDAHO HOSPITAL ASSESSMENT ACT › Section 56-1402 - DEFINITIONS.

56-1402. DEFINITIONS. As used in this chapter:
(1) "Department" means the department of health and welfare.
(2) "Disproportionate share hospital" means a hospital that serves a disproportionate share of medicaid low-income patients as compared to other hospitals as determined by department rule.
(3) "Governmental entity" means and includes the state and its political subdivisions.
(4) "Hospital" is as defined in section 39-1301(a), Idaho Code.
(5) "Political subdivision" means a county, city, municipal corporation or hospital taxing district and, as used in this chapter, shall include state licensed hospitals established by counties pursuant to chapter 36, title 31, Idaho Code, or jointly by cities and counties pursuant to chapter 37, title 31, Idaho Code.
(6) "Private hospital" means a hospital that is not owned by a governmental entity.
(7) "Upper payment limit" means a limitation established by federal regulations, 42 CFR 447.272 and 42 CFR 447.321, that disallows federal matching funds when state medicaid agencies pay certain classes of hospitals an aggregate amount for inpatient and outpatient hospital services that would exceed the amount that would be paid for the same services furnished by that class of hospitals under medicare payment principles.
History:
[56-1402, added 2010, ch. 186, sec. 7, p. 396.]