2020 Legislative Updates

Sine Die - And that's a wrap! This last week marked the end of session. Click the link below to learn where this session left off. 

Week 11 Legislative Update Final.docx

In the midst of a pandemic, the legislature is working hard to wrap up the session.  Click the link below to read this week's update!

Week 10 Legislative Update FInal.docx

Hello public health champions! Welcome to Week 9 of the legislative session.  This past week we saw some developments in ongoing legislation as well as a revisiting of some pending fee rules.  Week 9 Legislative Update FInal.docx

Hello and welcome to the week 8 of the legislative session - Amendments have been made to several bills and will be up for debate again. Be sure to click the link below for an update!

 Week 8 Legislative Update Final.pdf

Welcome to week 7 of the legislative session! Things are really gearing up so be sure to tune-in!

Week 7 Legislative Update.pdf

Telehealth

HB 342 was sent to 14^th Order for possible amendments on Wednesday, February 12. The bill removes statutory barriers and clarifies terminology.  Included in the bill is remote patient monitoring through the added language “including but not limited to a patient’s home” in the definition of originating site.  The bill also clarifies the services provided under telehealth services to include “synchronous or asynchronous technologies by a provider to deliver patient health care services, including but not limited to…”.  You can read the bill HERE.

Volunteer Health Care Provider Immunity

On Thursday, February 16, HB 392 was passed with no opposition in the House.  The bill encourages health care providers to volunteer their services at free medical clinics and community health screening events through extended limited liability protections to other health care professionals and supervised students, where recipients are notified if the provider is a student, with signed releases acknowledging the limited liability.

Relating to Medicaid Reimbursements

HB 351 passed the House on February 5^th.  This bill was presented in the Senate Health and Welfare Committee this Monday, February 10 and has been filed for a third reading.  HB 351 “reduces net reimbursements to hospitals and nursing facilities in SFY 2020 and SFY 2021 to help achieve the Medicaid general fund needs of a 1% overall reduction in SFY 2020 and a 2% reduction in SFY 2021.” The legislation moves Medicaid payments away from cost-based reimbursements to a value-based payment.  Opposition to this legislation has shown concern over cost-shifting. You can read the full bill HERE.

 

Nurses and Nursing Home Administrators

S1240 and S1242 passed both the Senate AND House. S1240, sponsored by Sen. Mary Souza (R-4), provides signature authority to Advanced Practice Registered Nurses when an established provision of law within their cope of practice requires a physician’s signature. S1242, sponsored by Sen. Mark Harris (R-32), allows for an applicant for a nursing home administrator’s license with management experience at an in-patient facility and a master’s-level degree with an emphasis in healthcare to qualify for a license. You can read S1240 HERE and S1242 HERE.

Newborn Screening Data

HB 438, sponsored by Rep. Priscilla Giddings (R-7) amends Idaho law to remove language that would make it a misdemeanor to not report newborn screening data to the state. Currently the Department of Health and Welfare is required to maintain this information and if it is not provided by the physician, midwife, or other appropriate entity, the non-reporting is a misdemeanor punishable by a fine of $10-100. The proponents of this legislation state that by removing this penalty, it decriminalizes parents who birth their children at home and choose not to supply that data to the state. The bill is currently on the Third Reading Calendar (up for a vote) on the floor of the House.

Children’s Residential Treatment Facility                 

HB 340, sponsored by Rep. Ron Mendive (R-2) and Sen. Mary Souza (R-4), seeks to create a new category of treatment facility, “temporary alcohol-drug treatment facility” for providing treatment to children ages 13-17 whose primary problem is drug or alcohol abuse. Youth could not spend more than 4 months/year is such facility. The legislation sets forth requirements such as health and safety inspections, must be within 50 miles of a health care facility with emergency medical care capabilities, requires the permission of the child’s parent or guardian and have a prescription from a physician verifying the child’s need for treatment. The legislation requires criminal history checks on all staff but there is no requirement for staff to meet licensure or certification requirements for treating youth with these disorders.

The sponsors rationale for this legislation is the lack of residential substance abuse treatment for youth in Idaho and that by exempting these treatment programs from licensing requirements, that may allow or encourage the provision of such treatment. Advocates have acknowledged the lack of treatment facilities but have expressed concerns about allowing unlicensed facilities that present a risk to youth and is not the solution to the problem.

This bill is currently on General Orders in the House for amendment, potentially this week.  

Paid Sick Leave

HB475, co-sponsored by Rep. Brooke Green (D-18) and Sen. Janie Ward-Engelking (D-18), protects an employee if they use their earned paid sick leave to care for themselves or a family member by considering this leave as an absence that may lead to discipline, discharge, demotion, suspension or other adverse action. If the employer requires notice of the use of earned sick leave, they must provide the employee with a written copy of the policy of its use when the leave is not foreseeable. This bill is in the House Business Committee where it will be heard on Monday, 2/17 at 1:30.

Public Money for Abortions

HB507, co-sponsored by Rep. Christy Zito (R-23) and Rep. Bryan Zollinger (R-33) would prohibit the transfer or expenditure of public monies to any individual or organization which is a provider of abortion services, except where the prohibition is expressly not permitted by federal law. This prohibition applies at all levels of government in Idaho, including state, county, city and public health districts. The bill is currently in House State Affairs where it will be heard Monday, Feb. 17 at 9:00 a.m.

Behavioral Health

SCR126 passed in both the House AND Senate. SCR 126 states the findings of the legislature and supports a collaboration among the three branches of the state government, local governments, and community partners in developing and implementing a statewide strategic plan to improve the Idaho behavioral health system. You can read the bill HERE.

JFAC Update

Photo: Betsy Russell/Idaho Press

Medicaid Expansion

Monday, February 10, JFAC held its Medicaid budget hearing. Medicaid Administrator Matt Wimmer confirmed that as of last week, 62,000 Idahoans have enrolled with Medicaid under Medicaid expansion - 13,000 of those enrollees came from the Idaho insurance exchange.  Governor Little’s recommendation is for a 9.2% increase in total funds to $3.1 billion; in state general funds this would amount to a 5.2% increase to $722.9 million next year.  The Health & Welfare Director Dave Jeppesen specified that an increase at this high rate is unlikely in future years and that the large increase is primarily due to the addition of Medicaid expansion itself. Part of the major increase is also due to that fact that next fiscal year will be the first full year of Medicaid expansion.  You can listen to Monday’s budget hearing HERE.

Recommendations from Germane Committees

On Wednesday, February 12, the germane committees gave their recommendations.  House Health & Welfare Chairman Fred Wood presented the panel’s decision to back the requests from the Department of Health & Welfare’s Budget request. He also recommended that JFAC support all programs supporting children and adolescents in the light of increased stress, anxiety, and temptation among current generations. You can listen to the recommendations HERE.

Public Health Districts

Friday, February 14, was the first day of budget-setting for the Public Health Districts in JFAC.  The agency requested $13,000,800 and Governor Little Recommended $10,462,800.  JFAC voted on a do-pass recommendation for $9,821,300 from General Fund and $773,100 from the Dedicated Fund for a total of $10,594,400. You can listen recommendations HERE.

Upcoming Events & Advocacy Days

Wednesday, April 8^th: 5^th Annual PHED Talks Hosted by IPHA, 5:30 PM, Details to Come

April 6-10^th: National Public Health Week. Information HERE.

Thursday, February 20, 2020: Idaho Nurses Association, Nurses Day at the Capitol, 8:00-12:00, First Floor Rotunda

Wednesday, February 26, 2020: 2^nd Annual ICA Legislative Luncheon, 11:00-1:00, first floor of Capitol Rotunda

Here is a MAP OF FREE VISITOR PARKING at the Capitol. 

Bill Tracker

Do you have any specific Bills you would like to be tracked throughout the session?  If so, please reach out and I will gladly track them through this weekly update. You can also view all current bills HERE

Bill No	Description	Last Action
S1226	Adds “sexual orientation” and “gender identity” to the Idaho Human Rights Act	01/15 Reported Printed; referred to State Affairs
H0352	Amends existing law to revise the income tax credit for food sales	1/23 Reported Printed; referred to Revenue & Taxation
H0342	TELEHEALTH – Amends existing law to define ”telehealth technologies” and to revise provisions regarding telehealth services	02/13 Reported of Committee; to 14th Order for amendment
H0314	DEAF AND HARD OF HEARING - Amends existing law to revise terminology regarding persons who are deaf or hard of hearing.	02/14 Reported Signed by Governor on February 13, 2020
H0311	HEALTH - Amends existing law to revise the definition of “evaluation committee,” thereby permitting licensed professional counselors to serve on committees evaluating individuals for developmental disabilities	02/14 Reported Signed by Governor on February 13, 2020
H0351	Amends and adds to existing law to provide for the establishment of Medicaid reimbursement payment methods and to provide for a temporary reduction in certain reimbursements	02/12 Read second time; filed for Third Reading
H0340	CHILD CARE LICENSING – Amends existing law to allow unlicensed “temporary alcohol-drug abuse treatment facilities” for youth.	01/29 Reported out of Committee, currently on  General Orders in House for amendment
H0392	VOLUNTEER HEALTH CARE PROVIDER IMMUNITY – Amends existing law to revise the definition of “health care provider” to include students practicing under the supervision of a licensed provider.	02/14 Received from the House passed; filed for first reading; Introduced, read first time; referred to Health and Welfare
H0404	FINANCIAL EXPLOITATION OF AN ELDER – Adds to existing law to provide for the offense of financial exploitation of an elder	02/05 Reported Printed and Referred to Judiciary, Rules, and Administration
H0435	ADOPTION – Amends existing law to clarify the consent necessary for the adoption of an adult.	02/07 Reported Printed and Referred to Judiciary, Rules, and Administration
H0436	HEALTH – Amends existing law to provide for the administration and maintenance of the Health Care Directive Registry by the Department of Health and Welfare.	02/07 Reported Printed and Referred to Health and Welfare
H0438	HEALTH – Amends and repeals existing law regarding the criminalization of not providing newborn screening data.	02/14 Read second time; Filed for Third Reading
H0458	BATTERY – Amends existing law to provide certain exemptions for battery against health care workers	02/11 Reported Printed and Referred to Judiciary, Rules, & Administration
H0459	Amends existing law to provide that certain notice shall be given for an increase in the amount of rent charged that is greater than ten percent	02/11 Reported Printed and Referred to Judiciary, Rules, & Administration
H0461	FORCIBLE ENTRY AND LAWLFUL DETAINER – Amends existing law to provide for the removal of a tenants property following judgement in favor of a landlord in certain instances	02/11 Reported Printed and Referred to Judiciary, Rules, & Administration
H0462	FORCIBLE ENTRY AND UNLAWFUL DETAINER – Adds to and amends to existing law to provide certain requirements for a landlord and to provide a certain requirement for a security deposit	02/11 Reported Printed and Referred to Judiciary, Rules, & Administration
H0475	LABOR – Establishes law to provide that if an employer provides paid sick leave to an employee pursuant to a policy or agreement, that such employer shall allow a covered employee to use such sick leave pursuant to the policy or agreement without disciplinary consequences.	02/11 Referred to House Business Committee (see info above)
H0507	PUBLIC MONEYS – Adds to existing law to prohibit governments in this state from expending funds to a provider of abortion and to provide exceptions.	02/14 Referred to House State Affairs Committee
S1295	DENTISTS – Adds to existing law to establish provisions regarding teledentistry and restrictions for such practice	02/14 Read second time; filed for Third Reading
SCR126	HEALTH – Stating findings of the Legislature and supporting a collaboration among the three branches of the state government, local governments, and community partners in developing and implementing a statewide strategic plan to improve the Idaho behavioral health system.	02/14 Returned from House Passed; referred for enrolling

This week's update highlights new legislation including bills on behavioral health and Idaho's Health Care Registry.  JFAC held a budget hearing for Idaho's health district.  Read on to learn more! 

Senate Health and Welfare Committee

Deaf and Hard of Hearing

HB 314 passed both the House AND Senate with no opposition. This legislation modifies terminology for deaf or hard of hearing persons. The bill replaces “hearing impairment” with “hearing loss” and “deaf, hard of hearing”.  The new language is suggested to be more positive and is important in reflecting society’s attitudes. You can read the bill HERE.

Guardianship Evaluation Committees

HB 311 also passed the House AND Senate unanimously. This legislation will allow the Health and Welfare Department’s Crisis Prevention and Court Services Program to allow licensed counselors to participate on the evaluation team for court-ordered Developmental Disability evaluations. This change is proposed as an effort to reduce workload burden among state social workers by sharing duties with licensed counselors in the department. You can read the bill HERE.

Nurses and Nursing Home Administrators

S1240 and S1242 were passed in the Senate with no opposition on Monday, Feb. 3.  S1240, sponsored by Sen. Mary Souza (R-4), provides signature authority to Advanced Practice Registered Nurses when an established provision of law within their cope of practice requires a physician’s signature. S1242, sponsored by Sen. Mark Harris (R-32), allows for an applicant for a nursing home administrator’s license with management experience at an in-patient facility and a master’s-level degree with an emphasis in healthcare to qualify for a license. S1240 and S1242 will be presented in the House Health and Welfare Committee this Monday, February 10.  You can read S1240 HERE and S1242 HERE.

Behavioral Health

SCR126 states the findings of the legislature and supports a collaboration among the three branches of the state government, local governments, and community partners in developing and implementing a statewide strategic plan to improve the Idaho behavioral health system. You can read the bill HERE.

House Health and Welfare Committee

Relating to Medicaid Reimbursements

HB 351 passed the House on February 5^th.  HB 351 “reduces net reimbursements to hospitals and nursing facilities in SFY 2020 and SFY 2021 to help achieve the Medicaid general fund needs of a 1% overall reduction in SFY 2020 and a 2% reduction in SFY 2021.” The legislation moves Medicaid payments away from cost-based reimbursements to a value-based payment.  Opposition to this legislation has shown concern over cost-shifting.  This bill will be presented in the Senate Health and Welfare Committee this Monday, February 10.  You can read the full bill HERE.

Telehealth

HB 342 passed the House with no opposition. The bill removes statutory barriers and clarifies terminology.  Included in the bill is remote patient monitoring through the added language “including but not limited to a patient’s home” in the definition of originating site.  The bill also clarifies the services provided under telehealth services to include “synchronous or asynchronous technologies by a provider to deliver patient health care services, including but not limited to…”. This bill will be presented to the Senate Health and Welfare Committee this Wednesday, February 12. You can read the bill HERE.

Idaho’s Health Care Directive Registry

HB 436 moves Idaho's Health Care Directive Registry from the Office of the Secretary of State to the Division of Public Health within the Department of Health and Welfare; Governor Little has recommended $500,000 in his budget to fund this change, which would require a trailer bill if this legislation passes; This legislation is co-sponsored by Rep. Youngblood and Sen. Bair along with Elke Shaw-Tulloch, head of the Division of Public Health. You can read the full bill HERE.

JFAC Update

Photo: Betsy Russell/Idaho Press

Monday, February 3, was day 3 of 4 for the Department of Health and Welfare’s budget presentations in JFAC.  The budget focused on behavioral health services including mental health services (LBB p.2-47), psychiatric hospitalization (LBB p. 2-53), and substance abuse services, (LBB p.2-73).

You can view the FY 2020 Legislative Budget Book HERE. You can listen to Monday’s Presentations HERE.

On Friday, February 7^th, JFAC held a budget hearing for Idaho’s public health districts.  During the presentation, District IV Director Russell Duke addressed tobacco and vaping issues, stating “In 2019, 5.3% of Idaho high school students reported smoking in last 30 days; 21.5% percent reported vaping.” Another statistic revealed that 63.5% of Idaho adults are overweight (10% increase from 200) and 30% of 3^rd graders are overweight. You can view the FY 2020 Legislative Budget Book HERE. You can listen to the presentation HERE.

Bill Tracker

Do you have any specific Bills you would like to be tracked throughout the session?  If so, please reach out and I will gladly track them through this weekly update. You can also view all current bills HERE

Bill No	Description	Last Action
S1226	Adds “sexual orientation” and “gender identity” to the Idaho Human Rights Act	01/15 Reported Printed; referred to State Affairs
H0352	Amends existing law to revise the income tax credit for food sales	1/23 Reported Printed; referred to Revenue & Taxation
H0342	TELEHEALTH – Amends existing law to define ”telehealth technologies” and to revise provisions regarding telehealth services	02/06 Received from the House Passed; filed for first reading Introduced, read first time; referred to Health & Welfare
H0314	DEAF AND HARD OF HEARING - Amends existing law to revise terminology regarding persons who are deaf or hard of hearing.	02/07 Returned from Senate Passed; to JRA for Enrolling
H0311	HEALTH - Amends existing law to revise the definition of “evaluation committee,” thereby permitting licensed professional counselors to serve on committees evaluating individuals for developmental disabilities	02/07 Returned from Senate Passed; to JRA for Enrolling
H0351	Amends and adds to existing law to provide for the establishment of Medicaid reimbursement payment methods and to provide for a temporary reduction in certain reimbursements	02/06 Received from the House passed; filed for first reading Introduced, read first time; referred to Health & Welfare
H0340	CHILD CARE LICENSING – Amends existing law to define “temporary alcohol-drug abuse treatment facility.	01/29 Reported out of Committee, Recommend place on General Orders
H0392	VOLUNTEER HEALTH CARE PROVIDER IMMUNITY – Amends existing law to revise the definition of “health care provider” to include students practicing under the supervision of a licensed provider.	02/04 Reported Printed and Referred to Health and Welfare
H0404	FINANCIAL EXPLOITATION OF AN ELDER – Adds to existing law to provide for the offense of financial exploitation of an elder	02/05 Reported Printed and Referred to Judiciary, Rules, and Administration
H0435	ADOPTION – Amends existing law to clarify the consent necessary for the adoption of an adult.	02/07 Reported Printed and Referred to Judiciary, Rules, and Administration
H0436	HEALTH – Amends existing law to provide for the administration and maintenance of the Health Care Directive Registry by the Department of Health and Welfare.	02/07 Reported Printed and Referred to Health and Welfare
H0438	HEALTH – Amends and repeals existing law regarding the prevention of blindness and disease in infants.	02/07 Reported Printed and Referred to Health and Welfare
S1295	DENTISTS – Adds to existing law to establish provisions regarding teledentistry and restrictions for such practice	02/07 Reported Printed and Referred to Health and Welfare
SCR126	HEALTH – Stating findings of the Legislature and supporting a collaboration among the three branches of the state government, local governments, and community partners in developing and implementing a statewide strategic plan to improve the Idaho behavioral health system.	02/07 Reported Printed; Referred to 10th Order; held one legislative day

Upcoming Events & Advocacy Days

Monday – Tuesday, February 10 & 11, 2020: Alzheimer’s Association’s Advocacy Day. Details & Registration HERE.

Thursday, February 13, 2020: Idaho Rural Health Association Legislative Luncheon. 11:30AM-1:30PM. Details and Registration HERE.

Saturday, February 15, 2020: 9th Annual Family Caregiver Conference. Details HERE.

Wednesday, February 26, 2020: 2^nd Annual ICA Legislative Luncheon, 11:00-1:00, first floor of Capitol Rotunda

Here is a MAP OF FREE VISITOR PARKING at the Capitol. 

This past week the Department of Health and Welfare began its budget hearing with JFAC. Keep reading to find out what you might have missed! Don't forget to check the events at the bottom of this post to learn what events are ahead!

Senate Health and Welfare Committee

Nurses and Nursing Home Administrators

S1240 and S1242 were filed for a third reading in the Senate.  S1240, sponsored by Sen. Mary Souza (R-4), provides signature authority to Advanced Practice Registered Nurses when an established provision of law within their cope of practice requires a physician’s signature. S1242, sponsored by Sen. Mark Harris (R-32), allows for an applicant for a nursing home administrator’s license with management experience at an in-patient facility and a master’s-level degree with an emphasis in healthcare to qualify for a license. Both of these bills are expected to be voted on Monday, Feb. 3.

House Health and Welfare Committee

Deaf and Hard of Hearing

HB 314 passed the House without opposition on January 28. This legislation modifies terminology for deaf or hard of hearing persons. The bill replaces “hearing impairment” with “hearing loss” and “deaf, hard of hearing”.  The new language is suggested to be more positive and is important in reflecting society’s attitudes. This bill will be presented in the Senate Health and Welfare Committee this Monday, February 3. You can read the bill HERE.

Guardianship Evaluation Committees

HB 311 also passed the House unanimously on January 28. This legislation will allow the Health and Welfare Department’s Crisis Prevention and Court Services Program to allow licensed counselors to participate on the evaluation team for court-ordered Developmental Disability evaluations. This change is proposed as an effort to reduce workload burden among state social workers by sharing duties with licensed counselors in the department.  This bill will be presented in the Senate Health and Welfare Committee this Monday, February 3. You can read the bill HERE.

Telehealth

HB 342, sponsored by Rep. Megan Blanksma (R-23) is up for a vote in the House on Monday, Feb. 3. The bill removes statutory barriers and clarifies terminology.  Included in the bill is remote patient monitoring through the added language “including but not limited to a patient’s home” in the definition of originating site.  The bill also clarifies the services provided under telehealth services to include “synchronous or asynchronous technologies by a provider to deliver patient health care services, including but not limited to…”. You can read the bill HERE.

Child Care Licensing

On Wednesday, January 29, HB340 was reported out of the House Health and Welfare Committee to General Orders for amendment. The bill sponsors now have the opportunity to make changes to the bill that may address the community members concerns. This legislation offers exemption from licensing for residential programs that offer temporary alcohol-drug abuse treatment for those aged 13-17. The legislation is proposed as a solution to the lack of residential substance abused treatment for teens.  Concerns around the legislation include co-mingling of adults and youth who are being treated in the same facility. An additional concern is the lacking safeguards, particularly with criminal history background checks.  You can read the bill, co-sponsored by Senator Mary Souza (R-4) and Rep. Ron Mendive (R-3) HERE.

Medicaid Expansion and Waiver Update

On Wednesday, January 29, the Department of Health and Welfare gave its update on Medicaid Expansion and its current status in the waiver implementation process. See the chart below or click HERE to listen.

	Draft Application (8 Weeks)	Tribal/Public Notice and Comment (30 Days)	Review Comments and Submit Application (1-2 Weeks)	Review Letter of Completion from CMS (1-2 Weeks)	Negotiate Terms and Conditions (6-12 Weeks)	Wait for Federal Approval (8-16 Weeks)	Implement Waivers (6 Months)
Coverage Choice	ü	ü	ü	û
Work Requirements	ü	ü	ü	ü	ü	¡
Family Planning	ü	ü	ü	ü	¡
IMD	ü	ü	ü	ü	¡

JFAC Update

Photo: Betsy Russell/Idaho Press

Monday, January 27, was the start of the Department of Health and Welfare’s budget hearing with the Joint Finance-Appropriations Committee (JFAC). Here is what you might have missed!

Elke Shaw-Tulloch, the Division Administrator of Public Health for the Department of Health and Welfare, presented a budget overview of the work for Health Care Policy Initiatives, Home Visiting, and Advance Care Planning. You can view the presentation by clicking HERE – link provided by the Idaho Council on Developmental Disabilities

Jane Donnellan, the Division Administrator for Idaho Division of Vocational Rehabilitation (IDVR) presented an overview of IDVR.  You can view the presentation by clicking HERE - link provided by the Idaho Council on Development Disabilities

Miren Unsworth, Division Administroator for Family and Community Services (FACS) with the Department of Health and Welfare, presented the budget for Child Welfare and Services for People with Developmental Disabilities.  You can view the presentation by clicking HERE – link provided by the Idaho Council on Developmental Disabilities.

What’s Happening Nationally?

On January 27, 2020, the Department of Health and Human services declared “Public Health Emergency” on the coronavirus. The public health emergency includes a quarantine for U.S. citizens arriving from Hubei Province and a temporary ban on foreigners without family in the U.S. who have recently visited China.  You can view the declaration HERE.

Bill Tracker

Do you have any specific Bills you would like to be tracked throughout the session?  If so, please reach out and I will gladly track them through this weekly update. You can also view all current bills HERE

Bill No	Description	Last Action
S1226	Adds “sexual orientation” and “gender identity” to the Idaho Human Rights Act	01/15 Reported Printed; referred to State Affairs
H0352	Amends existing law to revise the income tax credit for food sales	1/23 Reported Printed; referred to Revenue & Taxation
H0342	TELEHEALTH – Amends existing law to define ”telehealth technologies” and to revise provisions regarding telehealth services	1/31 Read Second Time; Filed for Third Reading
H0314	DEAF AND HARD OF HEARING - Amends existing law to revise terminology regarding persons who are deaf or hard of hearing.	01/29 Received from the House passed; Filed for first reading; Introduced, read first time; referred to Health and Welfare
H0311	HEALTH - Amends existing law to revise the definition of “evaluation committee,” thereby permitting licensed professional counselors to serve on committees evaluating individuals for developmental disabilities	01/29 Received from the House passed; Filed for first reading; Introduced, read first time; referred to Health and Welfare
H0340	CHILD CARE LICENSING – Amends existing law to define “temporary alcohol-drug abuse treatment facility.	01/29 Reported out of Committee, Recommend place on General Orders

Upcoming Events & Advocacy Days

Monday, February 3, 2020: AARP’s Lobby Day. Details HERE.

Thursday, February 6, 2020: Foster Care Awareness Day with Idaho Voices for Children. Details HERE.

Monday – Tuesday, February 10 & 11, 2020: Alzheimer’s Association’s Advocacy Day. Details & Registration HERE.

Saturday, February 15, 2020: 9th Annual Family Caregiver Conference. Details HERE.

Wednesday, February 26, 2020: 2^nd Annual ICA Legislative Luncheon, 11:00-1:00, first floor of Capitol Rotunda

Here is a MAP OF FREE VISITOR PARKING at the Capitol. 

Week 3 in the legislature introduced a number of new bills involving telehealth, licensing for treatment centers, and grocery tax credits.  Continue reading to learn more about what happened during committee meetings or view upcoming events!

Senate Health and Welfare Committee

Administrative Rules

Certified Family Homes – Docket #16-1319-1901 – ADOPTED

Residential Assisted Living Facilities – Docket #16-0322-1901 ADOPTED

Basic Plan-Institutions for Mental Disease - Docket #16-1309-2001 – ADOPTED

Children’s Basic Plan Benefit – Docket #16-0309-1803 – ADOPTED

Medicaid Enhanced Plan Benefits – Children’s Habilitative Support – ADOPTED

Medicaid Cost-Sharing Rules – Docket #16-0318-1901 – ADOPTED

House Health and Welfare Committee

Deaf and Hard of Hearing

HB 314 was passed in the House Health and Welfare Committee. This legislation modifies terminology for deaf or hard of hearing persons. The bill replaces “hearing impairment” with “hearing loss” and “deaf, hard of hearing”.  The new language is suggested to be more positive and is important in reflecting society’s attitudes. You can read the bill HERE.

Guardianship Evaluation Committees

HB 311 was passed in the House Health and Welfare Committee. This legislation will allow the Department’s Crisis Prevention and Court Services Program to allow licensed counselors to participate on the evaluation team for court-ordered Developmental Disability evaluations. This change is proposed as an effort to reduce workload burden among state social workers by sharing duties with licensed counselors in the department.  You can read the bill HERE.

Photo: Betsy Russell/Idaho Press

Telehealth

Introduced Monday was HB 342. The bill removes statutory barriers and clarifies terminology.  Included in the bill is remote patient monitoring through the added language “including but not limited to a patient’s home” in the definition of originating site.  The bill also clarifies the services provided under telehealth services to include “synchronous or asynchronous technologies by a provider to deliver patient health care services, including but not limited to…”. You can read the bill HERE.

Child Care Licensing

Introduced Monday was HB 340. This legislation offers exemption from licensing for residential programs that offer temporary alcohol-drug abuse treatment for those aged 13-17. The legislation is proposed as a solution to the lack of residential substance abused treatment for teens.  You can read the bill HERE.

House Revenue & Taxation Committee

Grocery Tax Credit

Introduced Wednesday in the House Revenue & Taxation Committee by Speaker Bedke was a grocery tax bill that would increase the Grocery Tax Credit for Idahoans (HB 352). Currently, the grocery tax credit allows taxpayers and dependents to offset the sales tax paid on groceries with a credit that amounts to $100 (or $120 for seniors). Under the proposed legislation, the tax credit would increase by $15 for seniors and $35 for others- This would put the tax credit at a flat amount of $135 for everyone. You can read the bill HERE.

JFAC Update

Monday, January 27, is the start of the Department of Health and Welfare’s budget hearing with the Joint Finance-Appropriations Committee (JFAC).  The Department of Health and Welfare director, Dave Jeppesen, will kick off the hearing with an overview.

Bill Tracker

Do you have any specific Bills you would like to be tracked throughout the session?  If so, please reach out and I will gladly track them through this weekly update. You can also view all current bills HERE

Bill No	Description	Last Action
S1226	Adds “sexual orientation” and “gender identity” to the Idaho Human Rights Act	01/15 Reported Printed; referred to State Affairs
H0352	Amends existing law to revise the income tax credit for food sales	1/23 Reported Printed; referred to Revenue & Taxation
H0342	TELEHEALTH – Amends existing law to define ”telehealth technologies” and to revise provisions regarding telehealth services	1/21 Reported Printed and Referred to Health and Welfare
H0314	DEAF AND HARD OF HEARING - Amends existing law to revise terminology regarding persons who are deaf or hard of hearing.	01/24 U.C. to hold place on third reading calendar until 1/27
H0311	HEALTH - Amends existing law to revise the definition of “evaluation committee,” thereby permitting licensed professional counselors to serve on committees evaluating individuals for developmental disabilities	01/24 U.C. to hold place on third reading calendar until 1/27
H0340	CHILD CARE LICENSING – Amends existing law to define “temporary alcohol-drug abuse treatment facility.	01/21 Reported Printed and Referred to Health and Welfare

Upcoming Events & Advocacy Days

Monday, January 27, 2020: ACS CANS Idaho with American Cancer Society. Details HERE.

Monday, February 3, 2020: AARP’s Lobby Day. Details HERE.

Thursday, February 6, 2020: Foster Care Awareness Day with Idaho Voices for Children. Details HERE.

Monday – Tuesday, February 10 & 11, 2020: 2020 Alzheimer’s Association’s Advocacy Day. Details & Registration HERE.

Saturday, February 15, 2020: 9th Annual Family Caregiver Conference. Details HERE.

Wednesday, February 26, 2020: 2^nd Annual ICA Legislative Luncheon, 11:00-1:00, first floor of Capitol Rotunda

Here is a MAP OF FREE VISITOR PARKING at the Capitol. 

Week 2 has officially wrapped up and review of the administrative rules is coming to a close! We can expect week 3 to bring us more bills. Read on to find the results of the reviewed administrative rules, view the Bill Tracker, and learn of upcoming events.

Administrative Rules – Health and Welfare Committee

Department of Health and Welfare

On Monday, January 13, the House Health and Welfare Committee approved of rules around the Children’s Basic Plan Benefits that reflected the department’s desire to (i) move all children’s intervention services out of 1915(c) waivers, and (ii)cover the intervention services as State Plan Basic Plan Benefits and allow the 1915(c) waivers to expire June 30, 2019.  They also approved of rules surrounding Medicaid Enhanced Plan Benefits – these rules supported the changes made by moving children’s intervention services out of the 1915(c) waivers and into the State Plan.

Rules involving Medicaid Basic Plan-Institutions for Mental Disease were also approved by the House Health and Welfare Committee – This rule change allows Medicaid reimbursement for services to eligible adults in an Institutions for Mental Disease (IMD) setting (freestanding psychiatric hospitals).  

Approved by the House Health and Welfare Committee were Medicaid Cost Sharing Rules that would clearly outline exemptions for specific groups that are exempt from cost-sharing for home and community-based services (HCBS). Included in the rules was the simplified Personal Needs Allowance (PNA) to be different based only on having to pay a rent or mortgage expense instead of the previous varying amounts based on whether the person paid a rent or mortgage expense and a person’s marital status. 

Rules referencing Certified Family Homes were approved in the House Health and Welfare Committee; these rules added protections to vulnerable adults living in certified family homes in two ways: (1) require that the provider, substitute caregivers, and other adults in the homes (besides the vulnerable adult residents) renew their clearance of a Department criminal history and background check at least every five years; and (2) allow the Department to deny the application for a certificate when the applicant has had disciplinary action on a child care of foster care license.

Approved Monday by the House Health and Welfare Committee were rules from Docket No. 16-0504-1901 that updated domestic violence and victim definitions. The domestic violence definition was updated to include emotional and psychological abuse while the definition of victim was adjusted to include any person who suffers physical, sexual, emotional, psychological or financial harm as a result of someone else – previously the definition of victim narrowly included spouses, blood-relatives, and roommates.

The House Health and Welfare Committee approved the Department of Health and Welfare’s rules on Tuesday, January 14, with exception to Vital Statistics (16.02.08) - The committee opted not to act on this rule now due to legislation that is expected to appear.  Among the controversial topics surrounding rules presented this week were requirements for meningococcal MenACWY vaccines among 12^th grade students and text in the rules around child protective services investigations that allow for collateral interviews over abuse/neglect regarding involved children using preferably parent/guardian permission.   

You can view these rules in the Pending Rule Review Book HERE and Pending Fee Rule Review Book HERE.

The Board of Dentistry

On Thursday, January 17, the Senate Health and Welfare Committee approved Docket No. 19-0101-1901 (Fee Rule) with exception to sections 35 and 36. Section 35 would have extended the practice of dental therapists to services specified by the supervising dentists who practices in the same practice setting in conformity with a written collaborative practice agreement.  Section 36 listed prohibited practices to dental therapists in reference section 35.  The rule was highly controversial - An approval in its entirety would have extended services in tribal areas that have difficulty retaining/attracting dentists, but those opposed presented concerns over patient safety and malpractice. The same docket was approved in entirety by the House Health and Welfare Committee on Wednesday, January 16. You can view this rule in the Pending Fee Rule Review Book HERE.

Bill Tracker

Do you have any specific Bills you would like to be tracked throughout the session?  If so, please reach out and I will gladly track them through this weekly update. You can also view current bills HERE

Bill No	Description	Last Action
S1226	Adds “sexual orientation” and “gender identity” to the Idaho Human Rights Act	01/15 Reported Printed; referred to State Affairs

This Week in Washington

The U.S. House approved a Bipartisan Bill to eliminate age discrimination. The “Protecting Older Workers Against Discrimination Act” (POWADA) restores protections under the Age Discrimination in Employment Act (ADEA).  You can learn more about POWADA HERE.

 

Upcoming Events & Advocacy Days

Monday, January 20, 2020: Pharmacy Legislative Day. Details HERE.

Thursday, January 23, 2020: Idaho Council for the Deaf and Hard of Hearing. Meet & Greet at the Capitol. Details HERE.

Monday, January 27, 2020: ACS CANS Idaho with American Cancer Society. Details HERE.

Monday, February 3, 2020: AARP’s Lobby Day. Details HERE.

Monday – Tuesday, February 10 & 11, 2020: 2020 Alzheimer’s Association’s Advocacy Day. Details & Registration HERE.

Saturday, February 15, 2020: 9th Annual Family Caregiver Conference. Details HERE.

Wednesday, February 26, 2020: 2^nd Annual ICA Legislative Luncheon, 11:00-1:00, first floor of Capitol Rotunda

Here is a MAP OF FREE VISITOR PARKING at the Capitol.