For the Payment of Hospital and Medical Expenses and Other Necessities for Low Income People
If you are indigent and cannot afford hospital and medical care or basic necessities such as rent, food, and utilities, then the county is required by law to assist you in paying for them. This is a "last resort" program. This means that the county will pay for these services or necessities only if you have no other way of paying them on a temporary basis. If, for example, you receive Medical Assistance through the state, then that program must pay for your hospital and medical bills.
You are eligible for county assistance if you are unable
to provide for basic necessities or you do not have enough income and resources
to pay for necessary hospital or other medical expenses. In non-emergencies, you
must also be a resident of the county to which you apply. For necessary medical
services, you are considered a resident of the last county in which you resided
for six consecutive months or longer in the past five years, or if you have not
resided in any county for the past five years, then the county where you resided
for at least 30 days immediately preceding the incurrence of the medical costs.
If you are not sure which county you are a resident of, apply to each county
where you may be a resident.
If you are denied assistance for the reason that you are not
a resident, the county's decision may be wrong and you should consult an
attorney.
You can apply for county assistance at the county
courthouse or offices, or someone there can tell you where to go. You will need
to bring with you all the papers proving your living expenses, monthly income,
and the bills for which you are requesting assistance. Even if you are orally
told the county does not or will not provide assistance for what you are
requesting, always demand a written application and fill it out. If you are
denied an application, consult an attorney.
You should be aware that upon application for assistance, the
county can attach an automatic lien to all of your real and personal property
and on all insurance benefits to which you may be entitled. You should also be
aware that you and members of your household who are not fully employed but who
are capable of employment can be required to file an application with the
Department of Labor and to use your/ their best efforts to seek employment.
Those who quit their jobs may be denied assistance.
After the county has reviewed all your information, they will
decide whether or not you are eligible for county assistance. This decision will
be based on your family size, income, monthly expenses, resources, debts, etc.
This decision must be in writing. If you are denied, the written notice must
state the reasons why you were denied. If no reasons are given for the denial or
if you disagree with the denial for other reasons, you should appeal and seek
the advice of an attorney.
In cases where you request help on non-emergency medical
services, the county has 35 days from the day you submit your written
application to decide whether or not to pay hospital and medical bills for
services already received. For emergency necessary medical services, the county
has 60 days from the date of the application to issue a decision.
If you are seeking help on your rent, utilities, or other
non-medical assistance, the county should make a decision no later than 15 days
after your first interview. However, the county should make an immediate
decision if there is an emergency circumstance. The clerk has the authority to
approve financial assistance for immediate necessities in excess of $200. An
emergency circumstance might be a shut-off of your utilities, or a court-ordered
eviction.
Emergency: If there is an emergency, such as if you receive an
eviction notice, apply immediately. If you have a medical emergency you should
apply no later than 30 days after you were admitted to the hospital or obtained
the medical care.
Non-emergency: If you need necessary but non-emergency hospital or
medical care, you must apply for assistance at least 10 days before receiving
the services. You can apply for basic necessities at any time you have the need.
Follow-up necessary medical services based on a treatment plan which has been
approved by the Board may be paid for up to six months from the date of the
original application. Beyond that, requests for additional treatment related to
an original diagnosis must be filed within ten days before receiving the
services.
The county will pay only a certain amount of doctor and
hospital bills but you do not have to pay the difference. For rent, utilities,
food, and other non-medical expenses, the county may try to limit their help to
the smallest amount possible. If the assistance they provide you doesn't meet
your needs you should appeal and see an attorney.
If a person is unable to work for medical reasons, you may be
eligible for non-medical assistance. However, you may be required to submit a
medical statement verifying any inability to work. Non-medical assistance to you
may be limited to one month in a 12 month period.
You may be asked to pay back all or a portion of the
assistance you received. What you pay back must be a "reasonable" amount based
upon actual resources available to you and must be for a "reasonable" period of
time such as three years of small monthly payments. Things exempt under the law
such as some personal property, governmental benefits such as Social Security,
or the homestead exemption (which is the first $50,000 of equity in your house),
cannot be counted as resources for reimbursement. You should insist on paying an
amount you can afford. The county may also provide for work reimbursement.
You should not sign a lien on your property or a promissory
note for reimbursement without first consulting an attorney. If you are denied
assistance because the county will not agree on a reasonable reimbursement
agreement, you should appeal the decision.
- If you are denied assistance on a claim for medical bills, you can appeal by requesting a hearing before the county commissioners within 28 days from the date of the denial. You have the right to have a lawyer or other person represent you at the hearing. You also have a right to present evidence and question witnesses.
- If the commissioners rule against you, you may bring a lawsuit in District Court within 42 days of their final decision. A decision from the District Court may be appealed to the Idaho Supreme Court.
- If you are denied assistance for non-medical bills, such as rent and utilities, you can file a written appeal to the Board within 30 days of the Board's denial. If the Board denies the appeal, you have 30 days to file an appeal in the District Court.
The advice in this pamphlet is very general. There might be special
factors which affect your case, or you might have questions after reading this
pamphlet. We urge you to consult an attorney about county assistance problems.
If you cannot afford an attorney, contact the Idaho Legal Aid Services office
nearest you.
Prepared by Idaho Legal Aid Services, Inc.
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