(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.

Terms Used In Idaho Code 56-1303

  • Asset disregard: means the total assets an individual owns and may retain under medicaid and still qualify for benefits at the time the individual applies for benefits if the individual is a beneficiary of a long-term care partnership program approved policy. See Idaho Code 56-1302
  • Department: means the department of health and welfare. See Idaho Code 56-1302
  • Medicaid: means the federal medical assistance program established under title XIX of the social security act. See Idaho Code 56-1302
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(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.