§ 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.

Legislative 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.]