Idaho Code 39-5103 – Standards for the Provision of Financial Assistance

The director of the Idaho department of health and welfare shall have the power and it shall be his duty to promulgate appropriate rules necessary to implement and enforce the following standards for the provision of in-home assistance:

(1) Financial assistance provided under this chapter shall not exceed two hundred fifty dollars ($250) per month per individual, except that this limit may be waived by the department in cases of extraordinary need.

Terms Used In Idaho Code 39-5103

Department: means the Idaho department of health and welfare. See Idaho Code 39-5102
Developmental disability: means a chronic disability of an individual which appears before the age of twenty-two (22) years of age and:

Idaho Code 39-5102

Director: means the director of the Idaho department of health and welfare. See Idaho Code 39-5102

Family: means a group of interdependent persons residing in the same household and includes an individual with a developmental disability and one (1) or more of the following:

Idaho Code 39-5102

In-home assistance application: means a written document describing the needs of an individual with developmental disabilities and specifying the services or supports required. See Idaho Code 39-5102

Institution: means any public or private residential facility which is licensed in the state of Idaho for the purpose of providing care and treatment for individuals with developmental disabilities. See Idaho Code 39-5102

Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114

(2) The amount of a grant of assistance shall be made based upon the need for services as specified in section 39-5103(4), Idaho Code, without regard to the family’s income or eligibility for any other program administered by the department.

(3) Receipt of supports will be determined on an individual family basis. Support priorities will be determined with consideration for the following criteria:

(a) Families of individuals with a developmental disability who will be able to return to a home setting from an institution and to those families for whom supports will prevent placement of the member with a developmental disability in an institution;

(b) Severity of consequences without supports;

(d) Availability of funds.

(4) Assistance moneys may be used for the following when no other assistance is available:

(a) Diagnostic and evaluative procedures;

(b) Purchase of special equipment;

(d) Special diets;

(e) Medical and dental care not covered under the family’s health insurance or other publicly funded programs;

(f) Home health or personal assistance services;

(g) Counseling for the individual or family, including behavior management;

(h) Respite care or out of the ordinary expenses related to supervised care according to the approved in-home assistance application, including necessary related sibling care;

(i) Environmental adaptations and technical assistance as necessary to permit successful integration and access;

(j) Special clothing including incontinence supplies;

(k) Necessary supports for participation in recreational services;

(l) Transportation;

(m) Housing modifications for the purpose of accessibility or ease in handling; and

(n) Similar or related costs.

(5) Families shall choose providers of services.

(6) Assistance moneys shall not be used for the payment of educational or educationally related services which properly are the responsibility of local public schools.

(7) Supports under this chapter shall not replace or reduce other public benefits to families, or be considered as resources or income in any eligibility determination or sliding fee scale.