Title 56 — PUBLIC ASSISTANCE AND WELFARE

56-101. Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter and shall have the following meanings: (1) "Appraisal" means the method of determining the value of the property as determined by an appraisal conduct…

56-201. Definitions. As used in this act: (a) "State department" means the state department of health and welfare; (b) "Director" means the director of the department of health and welfare; (c) "Public welfare" means public assistance and social services; (d) "Social services" me…

56-202. Duties of director of state department of health and welfare. The director of the state department of health and welfare shall: (a) Administer public assistance and social services to eligible people; (b) Promulgate, adopt and enforce such rules and such methods of admini…

56-203. Powers of state department. The state department shall have the power to: (1) Enter into contracts and agreements with the federal government through its appropriate agency or instrumentality whereby the state of Idaho shall receive federal grants-in-aid or other benefits…

56-203A. Authority of department to enforce child support — Support enforcement services. (1) Whenever the department receives an application for public assistance on behalf of a child and it shall appear to the satisfaction of the department that said child has been abandoned by…

56-203B. Payment of public assistance for child constitutes debt to department by parents — Limitations — Department subrogated to rights. Any payment of public assistance money made to or for the benefit of any dependent child or children creates a debt due or owing to the depar…

56-203C. Powers of department. (1) In order to carry out its responsibilities imposed under this chapter and title IV-D of the social security act, the state department of health and welfare, through the attorney general or the respective county prosecuting attorney, or through p…

56-203D. Set-off procedure for child support debt. (1) The state tax commission shall withhold and set-off any income tax or tax credit refund of any taxpayer upon notification from the department of health and welfare to collect any unpaid child support, including a judgment for…

56-203E. Lottery prize set-off procedure for support debt. (1) The Idaho state lottery shall immediately withhold, set-off and transfer prize moneys of a lottery prize winner to the department of health and welfare upon notification and verification from the department of health …

56-203F. registration of FOREIGN support orders. Notwithstanding any other provision of law, the state department of health and welfare shall register a family support order or family support agreement originating in a foreign country prior to taking enforcement action on the res…

56-204A. Services for children. The state department is hereby authorized and directed to maintain, by the adoption of appropriate rules and regulations, activities which, through social casework and the use of other appropriate and available resources, shall embrace: (a) Protect…

56-204B. Temporary shelter care. The state department shall provide places of shelter as authorized by law for the placement of children for temporary care who have been brought into the custody of the magistrate courts or who have been taken into custody for their protection by …

56-205. issuance of snap benefits. (1) In each month that the state department or its authorized agent issues benefits under the supplemental nutrition assistance program (SNAP) to eligible persons, such benefits shall be issued over the course of not less than ten (10) consecuti…

56-207. Old-age assistance. Old-age assistance shall be awarded to needy people who have attained the age of sixty-five (65) years, are residents of the state, and who are not inmates of public institutions at the time of receiving assistance except as patients in public medical …

56-208. Aid to the blind. Aid to the blind shall be awarded to needy people who have no vision, or whose vision is so defective as to prevent the performance of ordinary activities for which eyesight is essential, who are not receiving old-age assistance, and who are not inmates …

56-209b. Medical assistance — Medical assistance account. (1) Medical assistance shall be awarded to persons as mandated by federal law, and medical assistance may be awarded to such other persons not required to be awarded medical assistance as mandated by federal law when such …

56-209c. Denial of payment for abortions under certain conditions. No funds available to the department of health and welfare, by appropriation or otherwise, shall be used to pay for abortions, unless it is the recommendation of one (1) consulting physician that an abortion is ne…

56-209g. Pharmacy reimbursement. (1) Medicaid pharmacy reimbursement levels are a combination of the cost of the drug and a dispensing fee which includes such pharmaceutical care services as counseling, obtaining a patient history, documentation and dispensing. Pharmacy reimburse…

56-209h. Administrative remedies. (1) Definitions. For purposes of this section: (a) "Abuse" or "abusive" means provider practices that are inconsistent with sound fiscal, business, child care or medical practices, and result in an unnecessary cost to a public assistance program,…

56-209i. Legislative findings. It is the intent of the legislature that the provisions of this act enhance the employability of participants in the temporary assistance for families in Idaho (TAFI) programs through substance abuse screening and, where appropriate, testing and tre…

56-209j. Substance abuse screening and testing programs. (1) The department of health and welfare shall develop for implementation in fiscal year 2001, a program to screen each applicant who is otherwise eligible for temporary cash assistance provided under this chapter, and to s…

56-209k. Children. If a parent is deemed ineligible for cash assistance due to the operation of this act, his or her dependent child’s eligibility for cash assistance is not affected. If a parent is deemed ineligible for cash assistance due to the operation of this act, an approp…

56-209l. Treatment provisions. The department shall refer for appropriate evaluation and provide for the treatment of any applicant or participant who, in the reasonable suspicion of the department, is engaged in substance abuse. Treatment shall be community-based and gender-spec…

56-209n. Medicaid for workers with disabilities. (1) The legislature finds that many individuals with disabilities would like to work but cannot afford to enter the workforce due to the fear of losing necessary medical services received through medicaid. Idaho hereby seeks to ava…

56-209o. Failure to retain records. (1) Whoever receives payment for treatment, services or goods under the provisions of this chapter or under the state plan pursuant to subchapter XIX or XXI, chapter 7, title 42, U.S.C., shall retain for a period of at least five (5) years all …

56-209p. payment for midwife services. A midwife licensed pursuant to chapter 55, title 54, Idaho Code, shall be entitled to payment under the rules of the medical assistance program for midwife services provided to an eligible recipient of medical assistance.

56-210. Amount of assistance. (1) The amount of public assistance which any eligible person or family may receive shall be determined in accordance with the rules of the state department subject to the availability of funds for such assistance. (2) Old age assistance, aid to the …

56-211. Application for public assistance — verification for federal food stamp program. (1) Application for public assistance under this act shall be made in the manner and form prescribed by the state department and the application shall contain such information bearing on the …

56-212. Investigation of application. Whenever the state department shall receive an application for public assistance under this act, it shall promptly make an investigation and record of the circumstances of the applicant in order to ascertain the facts supporting the applicati…

56-213. Examination to determine blindness. No application for aid to the blind shall be approved until an ophthalmologist or physician skilled in diseases of the eye, or an optometrist, approved or designated by the state department, shall have examined the applicant and shall h…

56-214. Award of public assistance — Ineligibility upon transfer of property. (1) Upon the completion of the investigation, the state department shall determine whether the applicant is eligible for public assistance under the provisions of this act, the type and amount of public…

56-215. Redetermination of awards. Awards of public assistance may be changed or withdrawn whenever the circumstances have altered sufficiently to warrant such action. If at any time during the continuance of public assistance the recipient thereof becomes possessed of income or …

56-218. Recovery of certain medical assistance. (1) Except where exempted or waived in accordance with federal law medical assistance pursuant to this chapter paid on behalf of an individual who was fifty-five (55) years of age or older when the individual received such assistanc…

56-218A. Medical assistance liens during life of recipient. (1) The department may recover and may impose a lien against the real property of any individual prior to his death for medical assistance paid or about to be paid under this chapter on behalf of an individual: (a) Who i…

56-219. Payment for incompetent recipient — Appointment of guardian for public assistance. If the recipient is under legal disability, or is incompetent or unable to handle the assistance granted him under this act, and has no other legal guardian, the district court, after due n…

56-221. Confidential character of public assistance records. The rule-making power of the state department shall include the power to establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communication…

56-223. Public assistance not assignable. Public assistance awarded under this act shall not be transferable or assignable, and none of the money paid or payable under this act shall be subject to execution, attachment, or other legal process; except that the department may trans…

56-226. Medicaid fraud control unit. (1) There is hereby established in the office of the attorney general the medicaid fraud control unit which shall have the authority and responsibilities as set forth in this section. (2) Notwithstanding the authority and responsibility grante…

56-227. Fraudulent acts — Penalty. (1) Whoever knowingly obtains, or attempts to obtain, or aids or abets any person in obtaining, by means of a willfully false statement or representation, material omission, or fraudulent devices, public assistance to which he is not entitled, o…

56-227A. Provider fraud — Criminal penalty. It shall be unlawful for any provider or person, knowingly, with intent to defraud another, by means of a false statement or representation or by deliberate concealment of any material fact, or any other fraudulent scheme or device, to:…

56-227B. Provider fraud — Damages. Any provider who knowingly with intent to defraud by means of false statement or representation, obtains compensation from public funds greater than that to which he is legally entitled for services or supplies furnished or purportedly furnished…

56-227C. Subpoena power. (1) The director of the Idaho department of health and welfare or his authorized representative, the director of the Idaho state police or his authorized representative, or the attorney general or his authorized representative, for the purposes contemplat…

56-227E. Obstruction of investigation. (1) An obstruction of investigation consists of knowingly: (a) Providing false information to, or knowingly withholding information from, any person requesting such information if that person is authorized to investigate a violation of this …

56-227F. Public assistance benefit cards — prohibited uses. (1) Any recipient of public assistance is prohibited from using public assistance benefit cards or cash obtained with public assistance benefit cards: (a) For the purpose of participating in any of the activities describ…

56-230. Short title. This act may be cited as the "Public Assistance Law."

56-231. Public assistance in locating and determining the financial resources of parents and other persons liable for support of dependents. To assist in locating and determining the financial resources of parents who have deserted their children and other persons liable for supp…

56-232. Medical assistance programs — Contracts with independent agencies for administration of programs. The agency, board, or governmental unit of the state of Idaho designated as the responsible agency for the administration of medical assistance programs which involve the par…

56-234. legislative intent. It is hereby declared by the legislature that, in keeping with current state and national goals and best practice, increasing numbers of persons with developmental disabilities are being discharged to community facilities or private residences as an al…

56-234A. definitions. As used in sections 56-234 through 56-235D, Idaho Code: (1) "Admission-discharge committee" means an interdisciplinary team of at least three (3) individuals designated by the director to evaluate persons as required by the provisions of sections 56-234 thro…

56-235. southwest Idaho treatment center. The establishment by law of the southwest Idaho treatment center at Nampa, Idaho, is hereby ratified and affirmed, and its operation continued; provided, however, that on and after the effective date of this act, the treatment center shal…