Non-Medical Indigency

Transcription

1 Understanding Idaho Statute Title 31 Chapter 34 Powers and Duties of Board of County Commissioners Provide temporary assistance when no alternative exists. Not to be provided on a continuous basis. Adopt Resolutions Promulgate policies and procedures. Negotiate payments to providers. Contract for nonmedical services. ( ) Definitions (1) (18) Utilized for nonmedical applications and processes Separate from definitions in Chapter 35, title 31. Definitions continued: Adult household member means any individual eighteen (18) years of age and over who resides in the household (1) Anticipated Future Income means a reasonable expectation of income to the household (2) Applicant means the individual and all others in the household who are requesting nonmedical assistance, and who submits a county application (3) Assets means property rights including, but not limited to, personal, real, tangible and intangible property (4) 1

2 Definitions continued: Authorized Representative means the applicant s guardian or appointed attorney-in-fact (5) Board means a board of county commissioners (6) Clerk means the clerk of a board of county commissioners or his designee (7) Emergency means any circumstance demanding immediate action (8) Household means a collective body of persons consisting of spouses or parents and their children who reside in the same residence; or all other persons who by choice or necessity are mutually dependent upon each other for basic necessities and who reside in the same residence (9) Definitions continued: Indigent means any applicant who does not have resources available from whatever source which shall be sufficient to enable the applicant to provide nonmedical assistance or a portion thereof (10) Information Release means the document authorizing the release of information (11) Investigation means a detailed examination of the application and information required from the applicant and others to verify eligibility (12) Nonmedical assistance means reasonable costs for assistance which includes food and shelter and other such necessary services determined by the board by resolution (13) Definitions continued: Obligated County for Payment is the county wherein residency has been established (14) Recipient means the individual(s) eligible for county assistance (15) Repayment is the authority of the board of county commissioners to require indigent person(s) to repay the county for assistance when investigation of their application determines their ability to do so (16) Resident means a person with a home, house, place of abode, place of habitation, dwelling or place where one actually lived for a consecutive period of 30 days or more prior to the date of application (17) 2

3 Definitions continued: Resource means assets, whether tangible or intangible, real or personal, liquid, or nonliquid, including, but not limited to, gifts, bequest, grants, all forms of public or private assistance (18). Exemptions are allowed under (1)-(3). (1) property of a value not exceeding seven hundred fifty dollars ($750) on any one (1) item of property and not to exceed a total value of seven thousand five hundred dollars ($7,500) for all items exempted under this subsection (2) jewelry, not exceeding one thousand dollars ($1,000) in aggregate value, if held for the personal use of the individual. (3) exemption, not exceeding two thousand five hundred dollars ($2,500) in aggregate value, of implements, professional books, business equipment, tools of the trade; and one (1) motor vehicle of a value not exceeding seven thousand dollars ($7,000). Application Must be on a form provided by the county. Shall be provided to any individual requesting county assistance. Must be filed with the clerk of the BOCC. Shall be signed by the applicant, or his authorized representative. Interview is required within 10 working days of the application. Must contain all household resources. Evidence of need shall be supplied by the applicant or authorized representative. Application continued: Failure by the applicant to interview and supply supporting documentation shall result in a denial. Applicant and all household members who are not employed and capable of working must be registered with the department of employment. The applicant and all other household members may be required to submit a medical statement certifying an inability to work. Proof of job search must be provided by applicant. Individuals who voluntarily leave the workforce may be denied. 3

4 Duration of Nonmedical Assistance: month assistance in any 12 month period. By stating that the county is not obligated to more than one (1) month of nonmedical assistance, then obligates the county to at least one month. Assistance in any Idaho county applies to the 1 month benefit period. The board may authorize by resolution an extension of the 1 month restriction. Investigation of Application It is the duty of the clerk to investigate. The clerk shall file a statement of findings with the board. As determined by the board, the clerk may authorize the expenditures of sums as may be necessary to provide for immediate necessities. Obligated County The county where the applicant currently maintains a residence at the time of application. Nonmedical assistance only requires that a residence be a consecutive period of 30 days or more prior to the date of application. Eligibility Shall be based upon: County Residency. Completion of application and interview Failure to comply shall result in a denial. Counties are not obligated to provide assistance in the event the applicant has exhausted lifetime limits or is in noncompliance with their personal responsibility contract as defined by the Department of Health and Welfare. 4

5 Application of State and Federal Programs The Board by resolution may extend benefits, but the benefits must not be duplicated or available to the recipient from any other resource. Applicant must apply for all other non medical assistance and/or programs. In the event the applicant is denied other assistance, applicant must appeal and follow through to the final administrative level. Decision by County Board shall give written notice: Within 15 working days of the interview. In an emergency the clerk or his designee shall make an immediate decision. Decision by the Board is final if timely appeal is not filed. Notice of Appeal Appeal shall be filed with the clerk of the board. Must be in writing and filed within 30 days of the date of the board s denial. Board shall hold a hearing. If board denies applicants appeal, applicant is entitled to file compliant with district court within 30 days of the date of the final written decision by the board. Proceedings conducted in same manner as A.P.A., Chapter 52, Title 67, I.C. 5

6 Indigent Burial Board shall provide for burial/cremation of any deceased indigent person. Remember a Resident means a person with a home, house, place of abode, place of habitation, dwelling or place where one actually lived for a consecutive period of 30 days or more prior to the date of application (17) Board must establish a set rate with funeral home(s). Coroner, mortician or other responsible parties may make application in the event next of kin or other resources cannot be established; Application must be made prior to services being rendered. County free from liability for burial/cremation. Approved Claims No claim shall be paid until eligibility has been established. County is not obligated to pay for services received by the applicant prior to date of application. County is not obligated to make payments to relatives. Repayment by Recipient Accepting county assistance obligates applicant to repay county. Make sure they know this is a loan, not a grant. County determines the repayment amount which is to be paid over a reasonable period of time. Board may provide for work repayment. Divestiture Applicants who divest assets or resources within 3 months prior to filing county application shall be denied. Violations and Penalties Persons who withhold information, or give false or incomplete information in order to obtain county assistance shall be guilty of a misdemeanor. Confidentiality All proceedings/records relating to indigency shall be exempt from disclosure pursuant to Chapter 3, Title 9, I.C. 6

7 Understanding Idaho Statute Title 31 Chapter 34 UHMM.. Where s Tony? RECAP Recap: Must provide application to anyone requesting one. Applicant includes all others in the house. Resident is someone who has lived in your county for 30 consecutive days, not 6 months as in Chapter 35. Interview is required within 10 working days of the application. It is your duty to investigate. The clerk shall file a statement of findings with the Board. Board shall give written notice within 15 working days of the interview. Any Appeal must be in writing and filed within 30 days of the date of the board s denial. Recap: No claim shall be paid until eligibility has been established, not obligated to pay for services received prior to date of application, not obligated to make payments to relatives. Accepting county assistance obligates applicant to repay county. It is a loan. Board shall provide for burial/cremation of any deceased indigent person. County free from liability for burial/cremation. v (Med Cure and Life Legacy will provide free cremation if the person wishes to have a whole body donation for science, training, and research. They will provide transportation of the body, cremation, recording of death certificate and return of ashes.) 7

8 Indigent Burial/Cremation Do you have an application to use for Burial / Cremation? Family available-more detailed. No family available-basic. Work with your funeral homes and Public Administrator. Investigate for resources. Property or other assets Bank accounts, life insurance I do try to make this a quick process to get the cremation done as soon as possible.10 days for interview and 15 days for determination can be long. Family is billed monthly for repayment. Bottom line: What does your resolution say? Recap: Applicants who divest assets or resources within 3 months prior to filing county application shall be denied. Persons who withhold information, or give false or incomplete information in order to obtain county assistance shall be guilty of a misdemeanor. Understanding Idaho Statute Title 31 Chapter 34 Tony should be here. Test/Quiz 8

9 Test: Ø Person applies for electrical assistance, stating they need to save their money for a U-Haul. What do you do? Ask if this is for a move across town or out of county. Sometimes triple D isn t always the best answer. Ø Person needs $175 for car repairs. Without it they can t get to work, which means they can t pay their bills. Do they qualify? What does your resolution say? BOCC makes resolutions Ø Eight people, by choice, share a home, one applies for rental assistance. Home is owned by the mom of one of the people, who is the applicant and who do you pay? Entire household, don t pay family members (1), (3), (9), Ø Person needs help with hotel or motel rooms? Code says reasonable costs for shelter. Do you Pay? Test: Ø Fido gets loose, runs into the street and gets hit by a car? Are you going to pay for Fido s vet bill? It is an emergency! After all, Code states the clerk may authorize the expenditures of sums as may be necessary to provide for immediate necessities. What does your resolution say? BOCC makes resolutions Ø Person moved to your county 60 days ago, and now needs rent money. Received assistance from another county 9 months ago. Are you obligated to assist them now? once in 12 month period Ø Person needs help paying for food for family. Do You Pay? What about resource navigators, food bank? Test: Ø Person needs help with rent. Quit his job and hasn t worked in 6 months, just can t make it on less than $20 an hour. Does he qualify for rental assistance? Voluntary quit can be denied, must be registered and seeking employment. Ø Person hasn t paid the water bill in 4 months, threatened with shutoff? Do you pay? What does your resolution say? BOCC makes resolutions Ø Person needs bus ticket to visit ailing mother in Utah? Utah Hospital was sending their indigent patients to California on one way bus tickets. I was extremely jealous, cause my board would never let me have that line item! Ø Funeral home applies for cremation service they did last week? Are you obligated? Application must be made prior to services being rendered

10 Test: Ø Person lives in County A for 4 years. Moves out of state for 1 year. Moves back to County A for three months, then moves from County A to County B. 9 months later moves back to County A to a nursing home. 33 days later admitted to hospital in County C and 4 days later passes away, no family, no assets. Two applications are submitted, one for cremation and one for medical expenses. Which county is the obligated county for the Cremation /burial? Which county is the obligated county for medical expenses? Residency is 30 days, County A is obligated (17) Medical expense County B Understanding Idaho Statute Title 31 Chapter 34 Community Resources O Area Agency on Aging O St. Joseph s Catholic Church/ Pastor s Assoc. O Love, Inc. O Bonner County Food Bank O Homeless Task Force O Community Action Partnership O Idaho Department of Health & Welfare Resource Navigators O Angels Over Sandpoint O Bonner Partners In Care Clinic O Lion s Club O Veterans Organizations 10

11 What are you doing to limit your exposure? Ø All counties in Idaho offer and/or limit assistance differently due to their population, economic situation, etc. Ø Idaho Code gives the board the power to adopt resolutions and promulgate policies and procedures. Ø Counties should review current resolutions to see if they are adequate or need to be revised. Ø Have your Board define those services before someone else does it for you. What are you doing to limit your exposure? Ø Network, Network, Network. Ø Find out who in your community has funding available, what they can offer, and inform them of your process. Better understanding within the different agencies is important. What are you doing to limit your exposure? Ø Does your resolution cover:. v Gas vouchers v Weatherization-Home improvements v Transportation costs: airline, taxi or bus fares v Automobile repairs, towing or impound fees, Automobile insurance v Subsidized housing v Pet fees, deposits, food, bills and related. v Application fees v Commercial utility accounts v Irrigation water, and pipes v Telephone or other communication equipment and fees v Installment contracts or loans v Charge accounts v Legal fees or fines v Divorce, child custody, or adult protection payments, fees for fines v Law enforcement matters, fines, tickets or proceedings v Household furniture replacement or repair, appliances, etc. v Utility access or hookups. 11

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