BILL TRACKER

2024 LEGISLATIVE SESSION

Below is a breakdown of bills, budgets, and rules that IBHA is monitoring and/or supporting for the 2024 Idaho Legislative Session.

Last Updated February 21

BILLS

HB 393 | Counseling Compact | Passed the House (38-31-1) | Senate Health and Welfare | SUPPORT

This bill would add Idaho to the 17-state counseling Compact to allow for interstate practice through telehealth and in- person care. The out-of-state counselor would be able to practice with a privilege to practice in Idaho. The counselor would need to abide by all Idaho standards with an unrestricted license for at least two years.
Sponsor: Rep. Dixon (R-24), Sen. Hartgen (R-25)

SB 1247 | Mental Health Crisis Pathway Assistance | Senate Health and Welfare

Adds a new section to code for Crisis Response For Persons with a Major Neurocognitive Disorder. This section adds various definitions including emergency protection placement, major neurocognitive disorder, and protective custody. States a peace office may take a person into protective custody and shall use the least restrictive means necessary and bring them to a hospital. The peace office shall prepare a written statement on the basis for the emergency protective placement and the statement shall go on the medical record. The placement shall last no longer than twenty-four (24) hours. Hospitals are required to report these placements to the Department of Health and Welfare every quarter. The legislation outlines what the report should include, and this shall be included in the annual report on Alzheimer’s disease and related dementias.
Sponsor: Sen. Wintrow (D-19)

HB 419 | Medicaid Eligibility | Held in House Health and Welfare

Adds checks and balances to the Medicaid Expansion program to limit the population to access the Expansion and turn more towards the Affordable Healthcare Act. This requires able-bodied individuals to work 20 hours per week at a minimum; thus, moving a portion of the population the affordable healthcare plans instead of Medicaid. This caps the Expansion population at 50,000. This limits the state Department from adding to the individuals to the Plan without meeting the criteria listed. This bill also caps the improper payment at 5% or less and added biannual redetermination requirements.
Sponsor: Rep. Redman (R-3)

SB 1272 | Idaho Safe Haven Act | Senate Health and Welfare

This legislation amends the “Idaho Safe Haven Act” to allow for “Newborn Safety Devices”. These devices are voluntarily installed in a supporting wall of a hospital, fire station, law enforcement agency, or medical services provider that is staffed 24/7 and has an exterior access point allowing an individual to place a newborn infant inside and an interior point of access allowing individuals inside the building to retrieve the infant. The bill includes requirements for the “newborn safety device.”
Sponsor: Sen. Van Orden (R-30)

HB 457 | Judicial Branch Maintenance Appropriation | House Floor

This bill contains the maintenance budget for the Judicial Branch which includes court operations, magistrate division, the court technology fund, water adjudication, and community-based substance abuse treatment services.
Sponsors: Rep. Raybould (R-34), Sen. Bjerke (R-5)

SB 1266 | Public Safety Maintenance Appropriation | Senate Floor

This bill appropriates monies to the Department of Corrections, the Department of Juvenile Corrections, and the Idaho State Police.
Sponsor: Sen. Van Burtenshaw (R-31), Rep. Horman (R-32)

SB 1268 | Health and Human Services Maintenance Appropriation | Senate Floor

The Health and Human Services maintenance budget includes the Department of Health and Welfare and the State Independent Living Council. Included in the Department of Health and Welfare is the Division of Medicaid, Rural Nursing Loan Repayment Fund, Emergency Medical Services, Substance Abuse Treatment and Prevention, and Mental Health Services.
Sponsors: Sen Bjerke (R-5), Rep. Tanner (R-14)

SB 1327 | Eviction Records Shielding | Senate Judiciary and Rules

Creates a new section “Records Shielded From Disclosure” for individuals in an unlawful detainer case and outlines three (3) instances in which an individual will be protected from disclosure of records. All processes affecting court records must follow the Idaho Supreme Court rules. Court staff and involved parties will still have access to records.
Sponsor: Sen. Rabe (D-16), Sen. Trakel (R-11), Rep. Handy (R-27)

SB 1328 | Licensed Homeless Youth Shelters and Behavioral Health Youth Crisis Centers | Senate Judiciary and Rules

Adds a subsection to “Providing Shelter to Runaway Children” about licensed children’s residential care facilities and behavioral health youth crisis centers. States these care facilities are not guilty of a misdemeanor for housing a child aged seventeen (17) with permission as long as the child consents, the shelter can’t locate or contact a parent/legal guardian, or law enforcement has been notified.
Sponsor: Sen. Rabe (D-16), Rep. Wroten (R-13)

HB 579 | Telehealth, Behavioral, Schools | House Health and Welfare

Allows public schools and public charter schools to have access to behavioral health services through telehealth in their schools. The school will provide a private confidential room for the individual to be able to use the room, as well as provide access for the student’s parent or legal guardian to join the telehealth session. The school may provide a list of unbiased resources for behavioral health services if requested by the student’s parents. This replaces HB 524.
Sponsor: Rep. Healey (R-15)

SB 1352 | Counselors Right of Conscience | Senate Health and Welfare

Allows counselors to deny their services if it a conflict of their morals, ethics, or religious beliefs without concern for civil or legal action.
Sponsor: Rep. Young (R-30), Sen. Bjerke (R-5)

HB 441 | Fentanyl Testing Strips | House Floor

States that testing equipment used for identifying whether a controlled substance contains fentanyl shall not be considered drug paraphernalia.
Sponsor: Rep. Erickson (R-33), Rep. Rubel (D-18)

HB 525 | Health Districts | House Health and Welfare

This would change the language from “all” to “necessary and reasonable” health laws and regulations. The intent is to limit the health boards’ power and scope. This bill replaces HB 392.
Sponsor: Rep. Gallagher (R-9), Sen. Lenny (R-13)

SB 1272 | Idaho Safe Haven Act | Senate Floor

This legislation amends the “Idaho Safe Haven Act” to allow for “Newborn Safety Devices”. These devices are voluntarily installed in a supporting wall of a hospital, fire station, law enforcement agency, or medical services provider that is staffed 24/7 and has an exterior access point allowing an individual to place a newborn infant inside and an interior point of access allowing individuals inside the building to retrieve the infant. The bill includes requirements for the “newborn safety device”.
Sponsor: Sen. VanOrden (R-30)

SB 1281 | Temporary Care Assistance Program | Senate Floor

Authorizes the Idaho Department of Health and Welfare to submit the fingerprints of temporary caregivers to the Federal Bureau of Investigation (FBI) to run a criminal history and background check.
Sponsor- Sen. Lee (R-9), Rep. Dixon (R-1)

HB 490 | Fingerprint Background Checks | House Health and Welfare

This legislation aims to require fingerprinting and background checks for counselors, marriage therapists, and any other occupation that requires these standards. With the number of compacts that Idaho has entered, this will eliminate regulatory burden and speed the process of filling these requirements.
Sponsor: Rep. Redman (R-3)

SB 1355 | Medicaid Legislative Review Panel | Senate Health and Welfare

Creates the “Medicaid Legislative Review Panel” which will have the chairs of both the House and Senate Health and Welfare serving as co-chairs as well as one (1) appointed by the Speaker of the House and one (1) appointed by Pro Tempore of the Senate. There must be one (1) senator and one (1) representative from the minority, and the Legislative Services Office will staff the rest. The review panel will review contracts make recommendations on what should be included in Medicaid contracts and determine what data should be collected among other duties. This panel will create and submit a report of activities and recommendations to the Legislative Council.
Sponsor: Sen. VanOrden (R-30), Rep. Vander Woude (R-22)

SB 1354 | Electroconvulsive Treatment | Senate Health and Welfare

Changes those eligible for electroconvulsive therapy (ECT) without a court order to twelve (12) years and older, with consent from the parent or legal guardian. Those under twelve (12) can only receive treatment with a court order for the prevention of serious harm to the child.
Sponsor: Sen. Lee (R-9)

HB 577 | Medicaid, Direct Payment | House Health and Welfare

This bill would require the Department of Health and Welfare to seek approval from the Centers for Medicare and Medicaid Services (CMS) to make directed payments to qualifying hospitals in the Idaho Behavioral Health Plan. If the Department of Health and Welfare receives written approval from CMS, the Department shall make directed payments to qualifying hospitals participating in Medicaid managed care programs in an amount not to exceed the maximum allowable payment authorized by federal regulations.
Sponsor: Rep. Petzke (R-21)

RULES

Committees in both the House and Senate are assigned rules to approve. As a reminder, if a rules docket passes either the House or the Senate, they are set to go into effect but need to be enacted by legislation or executive order. Once a pending rule is approved, a (+) symbol will be noted. If a pending rule is not approved by the Legislature a (-) will be noted.

DEPARTMENT OF HEALTH AND WELFARE

16-0102-2301 | Emergency Medical Services Rule Definitions ++
16-0103-2301 | Emergency Medical Services Agency Licensing Requirements (ZBR) ++
16-0202-2301 | Idaho Emergency Medical Services Physician Commission (ZBR) ++
16-0301-2301 | Eligibility for Health Care Assistance for Families and Children (ZBR) ++
16-0302-2301* | Skilled Nursing Facilities (ZBR) ++
*Rejected Section 200, Subsection 02, Paragraph D
16-0304-2301 | Idaho Food Stamps Programs (ZBR) ++
16-0305-2301 | Eligibility for Aid to the Aged, Blind, and Disabled (ZBR) ++
16-0306-2301 | Refugee Medical Assistance ++
16-0309-2301 | Medicaid Basic Plan Benefits ++
16-0310-2101 | Medicaid Enhanced Plan Benefits ++
16-0313-2101 | Consumer Directed Services ++
16-0314-2301 | Hospitals (Temporary Rule) ++
16-0318-2301 | Medicaid Cost-Sharing (ZBR, Fee Rule) ++
16-0719-2301 | Certification of Peer Support Specialists and Family Support Partners (ZBR) ++

DEPARTMENT OF INSURANCE

18-0404-2301* | The Managed Care Reform Act Rule (ZBR) +
*Held in Senate Commerce and Human Resources till February 1, 2024, to be able to discuss their concerns more before moving forward.

DIVISION OF OCCUPATIONAL & PROFESSIONAL LICENSES

24-0601-2301 | Rules for the Licensure of Occupational Therapists and Occupational Therapy Assistants (ZBR) ++
24-1301-2301 | Rules Governing the Physical Therapy Licensure Board (ZBR) ++
24-1401-2301 | Rules of the State Board of Social Work Examiners (ZBR) +
*Removed Section 450, Subsection 2, Paragraph H
24-1501-2301 | Rules of the Idaho Licensing Board of Professional Counselors and Marriage and Family Therapists (ZBR) ++
24-3301-2301 | Rules of the Board of Medicine for the Licensure to Practice Medicine and Osteopathic Medicine +

BUDGETS & APPROPRIATIONS

Below we will list budgets and appropriations that will directly impact behavioral health in Idaho.

HB 457 | Judicial Branch Maintenance Appropriation | Passed the House (38-31-1) | Senate Floor

This bill contains the maintenance budget for the Judicial Branch which includes court operations, magistrate division, the court technology fund, water adjudication, and community-based substance abuse treatment services.
Sponsors: Rep. Raybould (R-34), Sen. Bjerke (R-5)

SB 1266 | Public Safety Maintenance Appropriation | Passed the Senate (28-7) | Passed the House (57-10-3) | Sent to the Governor

This bill appropriates monies to the Department of Corrections, the Department of Juvenile Corrections, and the Idaho State Police.
Sponsor: Sen. Van Burtenshaw (R-31), Rep. Horman (R-32)

SB 1268 | Health and Human Services Maintenance Appropriation | Passed the Senate (27-7-1) | Passed the House (58-11-1) | Sent to the Governor

The Health and Human Services maintenance budget includes the Department of Health and Welfare and the State Independent Living Council. Included in the Department of Health and Welfare is the Division of Medicaid, Rural Nursing Loan Repayment Fund, Emergency Medical Services, Substance Abuse Treatment and Prevention, and Mental Health Services.
Sponsors: Sen Bjerke (R-5), Rep. Tanner (R-14)

APPOINTMENTS

Appointments approved by Senate Committees are confirmed by the full Senate.

  • Chad Henggeler was confirmed by the Senate to the State Board of Health and Welfare on January 19, 2024.

  • Carolyn Lodge was confirmed to by the Senate to the Idaho Health Insurance Exchange Board on January 31, 2024.

  • Robert Cuoio was confirmed by the Senate to the State Board of Health and Welfare on February 1, 2024.

  • Julie Ann Triepke was confirmed by the Senate to the Idaho Health Insurance Exchange Board on February 2, 2024.

  • Michael Ross was confirmed by the Senate to the Commission of Pardons and Parole on February 5, 2024.

  • Patrick McDonald was confirmed by the Senate to the Commission of Pardons and Parole on February 5, 2024.

  • Heidi Hart was confirmed by the Senate to the Idaho Health Insurance Exchange Board on February 8, 2024.