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Week 2 Legislative Update

20 Jan 2020 9:02 AM | Anonymous

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 12th 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


Last Action


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: 2nd Annual ICA Legislative Luncheon, 11:00-1:00, first floor of Capitol Rotunda

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

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