Title 56, PUBLIC ASSISTANCE AND WELFARE

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…

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 Moneys in an individual development account established pursuant to the provisions of this chapter, or moneys withdrawn from an individual development account on behalf of an account holder for an approved purpose, shall no…

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) departm…

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; an…

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…

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) Super…

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'…

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. Money…

56-1301. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Long-term Care Partnership Program."

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 bene…

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 admin…

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 pur…

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.

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 l…

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 establ…

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 …

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." …

56-1404. ASSESSMENTS. (1) All private hospitals, except those exempted under section 56-1408, Idaho Code, shall make payments to the fund in accordance with this chapter. An annual assessment on both inpatient and outpatient services is determined for each qualifying hospital for…

56-1406. INPATIENT AND OUTPATIENT ADJUSTMENT PAYMENTS. All private hospitals, except those exempted under section 56-1408, Idaho Code, shall be eligible for inpatient and outpatient adjustments as follows: (1) For state fiscal year 2009, the inpatient upper payment limit gap for …

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…

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 assessment…

56-1501. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Skilled Nursing Facility Assessment Act."

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…

56-1504. NURSING FACILITY ASSESSMENT FUND. (1) There is hereby created in the office of the state treasurer a dedicated fund to be known as the nursing facility assessment fund, hereinafter the "fund," to be administered by the department. The state treasurer shall invest idle mo…

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…

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%) o…

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 …

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 fu…

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 in…

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 percent…

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%…

56-1701. SHORT TITLE. This chapter shall be known and may be cited as the "Crisis Standards of Care Act."

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 legislat…

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 unde…

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…

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…

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 res…

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…

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 seeki…

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 c…

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 servic…

56-1803. PROGRAM ELIGIBILITY AND ADMINISTRATION. (1) A person is eligible to participate in the program if the person: (a) Has a disability that constitutes a barrier to maintaining paid employment without long-term vocational support; (b) Is sixteen (16) years of age or older; a…

56-1804. COVERED SERVICES -- INDIVIDUAL PROGRAM PLAN. (1) Subject to available funding, the program shall provide the following services to participants, as appropriate: (a) Individual community-based supported employment; (b) Group community-based supported employment; (c) Work …

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 …

56-1901. HEALTH AND SOCIAL SERVICES OMBUDSMAN ESTABLISHED. (1) As used in this chapter, "service recipient" means: (a) A child who receives foster care or protective supervision services pursuant to chapter 16, title 16, Idaho Code; or (b) A child receiving services in a resident…

56-1902. POWERS AND DUTIES. The health and social services ombudsman shall: (1) Operate independently of the legislature, the courts, the department of health and welfare, and any other state agency or department; (2) Establish and manage a statewide procedure to receive, examine…