2010 Idaho Code
TITLE 32 DOMESTIC RELATIONS
CHAPTER 10 PARENT AND CHILD
32-1008A RESPONSIBILITY OF RELATIVES TO PARTICIPATE IN THE COST OF NURSING HOME CARE.

TITLE 32

DOMESTIC RELATIONS

CHAPTER 10

PARENT AND CHILD

32-1008A. 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.