Idaho State Statutes - Idaho Attorney Directory

RESPONSIBILITY OF RELATIVES TO PARTICIPATE IN THE COST OF
NURSING HOME CARE. (1) When it is necessary for a person to reside as a
medicaid patient in a licensed skilled nursing facility or licensed
intermediate care facility as either is defined in section 39-1301, Idaho
Code, such person's relatives as described in this section shall be
responsible to the extent of their ability to repay the department of health
and welfare for the cost of necessary medical or remedial care provided by the
facility. Each responsible relative of a medicaid recipient may be required to
pay not more than twenty-five percent (25%) of the amount which was paid for
such patient under the medical assistance program pursuant to chapter 1, title
56, Idaho Code, but not more than one hundred percent (100%) of the amount
which was paid under the medical assistance program shall be collected by the
department from all responsible relatives of a medicaid recipient.
(2) Relatives responsible to participate in the cost of skilled or
intermediate facility care include spouses, natural and adoptive children, or
natural or adoptive parents when the patient is under eighteen (18) years of
age, or blind, or disabled as defined in section 1614(a) of the social
security act.
(3) The director of the department of health and welfare is hereby
authorized to enact and enforce regulations which establish whether and to
what extent the medicaid patient's relative shall participate in the cost of
the patient's care, giving due consideration to the relative's obligations for
dependents. The director shall establish a procedure to permit any relative to
contest their responsibility derived from this section. If such petition is
denied, a hearing may be requested under the provisions of chapter 52, title
67, Idaho Code.
(4) In the event that similar provisions are enacted by other states, the
director is authorized and directed to pursue reciprocity of enforcement of
this section.
(5) The amounts paid by relatives of medicaid patients shall be collected
by the department of health and welfare and the state's share deposited in the
medical assistance account established by section 56-209a(2) [56-209b(2)],
Idaho Code.

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