Idaho Code § 56-203D — Idaho Code / Title 56 / Chapter 2 / Section 56-203D
56-203D SET-OFF PROCEDURE FOR CHILD SUPPORT DEBT.
Status: in_force

56-203D. Set-off procedure for child support debt. (1) The state tax commission shall withhold and set-off any income tax or tax credit refund of any taxpayer upon notification from the department of health and welfare to collect any unpaid child support, including a judgment for reimbursement of public assistance, or unpaid spousal support. The state tax commission shall also withhold and set-off any income tax or tax credit refund of any taxpayer upon notification from the department of health and welfare to collect any payment received from a third party for the costs of health services to a child by a person who is required by court or administrative order to provide the costs of health services to a child and such payment has not been used to reimburse either the other parent or guardian of such child, the provider of such services, or the state agency, to the extent necessary to reimburse the other parent, guardian, provider or state agency for such costs. Any claims for current or past-due child support shall take priority over any such claims for the costs of such health services. The set-off or withholding of a refund due a taxpayer shall be completed only after the following conditions have been met:

(a) A delinquency exists, which shall be defined as any unpaid child or spousal support including public assistance, pursuant to a court order from this state or a court or administrative order of another state.

(b) All outstanding tax liabilities collectible by the state tax commission are satisfied.

(c) The department of health and welfare, bureau of child support enforcement, shall forward to the state tax commission the full name and social security number of the taxpayer. The tax commission shall notify the department of health and welfare of the amount of refund due the taxpayer and the taxpayer's address on the income tax return.

(d) Notice of the proposed set-off shall be sent by registered or certified mail to the taxpayer at the address listed on the income tax return. Within fourteen (14) days after such notice has been mailed (not counting Saturday, Sunday or state holidays as the 14th day) the taxpayer may file a protest in writing requesting a hearing before the department of health and welfare. The hearing shall be held within thirty-five (35) days from the date of the mailing of the original notice. No issues at that hearing may be considered that have been litigated previously. The department of health and welfare shall issue its findings and decision either at the hearing or by mail to the taxpayer within ten (10) days of the hearing.

(e) When set-off is attempted on a joint return under the provisions of this section the taxpayer not specified to be the obligor in the claim may protest under the provisions of subsection (1)(d) of this section, and the set-off will be limited to one-half (1/2) of the joint refund.

(f) After the decision of the department of health and welfare is issued, or if the taxpayer has failed to file a timely protest of the claim, the set-off procedure shall become final.

(2) The proceeds from the set-off shall be credited to an account designated by the department of health and welfare, and notice shall be given to the appropriate clerk of the district court.

(3) This procedure for set-off shall not be subject to section 67-1021, Idaho Code.

(4) Any information furnished by the state tax commission, its employees or agents, under this section shall not be subject to the restrictions and penalties enumerated in section 63-3076, Idaho Code.

(5) Upon request, the department of health and welfare, bureau of child support enforcement, shall make the procedures established in this section for collecting child support arrears available to county prosecuting attorneys. The provisions of this subsection apply only if appropriate arrangements have been made for reimbursement by the requesting prosecuting attorney for the administrative costs incurred by the bureau which are attributable to the request.

History:

[56-203D, added 1981, ch. 167, sec. 1, p. 293; am. 1985, ch. 159, sec. 2, p. 421; am. 1990, ch. 91, sec. 1, p. 191; am. 1994, ch. 308, sec. 8, p. 974.]
Idaho Code § 56-263 — Idaho Code / Title 56 / Chapter 2 / Section 56-263
56-263 MEDICAID MANAGED CARE PLAN.
Status: in_force

56-263. medicaid managed care plan. (1) The department shall seek approval as soon as practicable but no later than July 1, 2027, from the centers for medicare and medicaid services for directed payments to qualifying entities participating in the Idaho behavioral health plan or any comprehensive managed care plan in accordance with 42 CFR 438, with thirty percent (30%) of the directed payments being utilized for general fund medicaid needs. Such funds shall be continuously appropriated. [(1) (2)]

(2) Subject to written approval by the centers for medicare and medicaid services, 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. [(3)]

(3) Qualifying behavioral health hospitals assessed pursuant to this section for the Idaho behavioral health plan are exempt from assessment pursuant to section 56-1404, Idaho Code. [(4)]

(4) The department shall discontinue contracting and reimbursing as part of the healthy connections value care program through value care organizations and the healthy connections primary care case management program by January 1, 2026.

History:

[56-263, added 2011, ch. 164, sec. 14, p. 473; am. 2019, ch. 318, sec. 3, p. 946; am. 2024, ch. 170, sec. 1, p. 652; am. 2025, ch. 118, sec. 4, p. 624; am. 2025, ch. 192, sec. 3, p. 889.]
Idaho Code § 56-450 — Idaho Code / Title 56 / Chapter 4 / Section 56-450
56-450 HEALTH AND WELFARE TRUST ACCOUNT.
Status: in_force

56-450. Health and welfare trust account. The director of the department of health and welfare may receive, on behalf of the department, any money or real or personal property donated, bequeathed, devised, or conditionally granted to the department. Such moneys received directly or derived from the sale of such property shall be deposited by the state treasurer in a special account to be known as the "Health and Welfare Trust Account", which is hereby established, reserved, set aside, appropriated and made available until expended, used, and administered to carry out the terms or conditions of such donation, bequest, devise, or grant. Pending such expenditure or use, surplus moneys in the health and welfare trust account shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury by section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the health and welfare trust account.

The director shall provide annually, to the legislative council through the director of legislative services, an accounting of the health and welfare trust account setting forth the sources, applications and balance of moneys within the account.

History:

[56-450, added 1981, ch. 118, sec. 1, p. 202; am. 1993, ch. 327, sec. 26, p. 1218; am. 1996, ch. 159, sec. 18, p. 522.]
Idaho Code § 56-215 — Idaho Code / Title 56 / Chapter 2 / Section 56-215
56-215 REDETERMINATION OF AWARDS.
Status: in_force

56-215. Redetermination of awards. Awards of public assistance may be changed or withdrawn whenever the circumstances have altered sufficiently to warrant such action. If at any time during the continuance of public assistance the recipient thereof becomes possessed of income or resources in excess of the amount previously reported by him, it shall be his duty to notify the state department of this fact immediately on the receipt or possession of such additional income or resources.

History:

[56-215, added 1941, ch. 181, sec. 15, p. 379.]
Idaho Code § 56-235B — Idaho Code / Title 56 / Chapter 2 / Section 56-235B
56-235B DISCHARGE PLANNING — AUTHORIZATION TO DISCHARGE.
Status: in_force

56-235B. discharge planning — authorization to discharge. The director may discharge a resident of the southwest Idaho treatment center on such terms and conditions as the director may determine whenever an admission-discharge committee determines there is an available community facility or private residence that is least restrictive, appropriate and consistent with the individual's needs. The director shall use reasonable efforts to discharge a resident to a community facility or private residence where the individual can be readily visited by those persons interested in his well-being.

History:

[56-235B, added 2011, ch. 101, sec. 4, p. 258; am. 2012, ch. 107, sec. 10, p. 295.]
Idaho Code § 56-2501 — Idaho Code / Title 56 / Chapter 25 / Section 56-2501
56-2501 IDAHO RURAL HEALTH TRANSFORMATION FUND.
Status: in_force

56-2501. IDAHO rural health transformation fund. (1) There is hereby created and established in the state treasury the Idaho rural health transformation fund. The fund shall consist of moneys received by the state of Idaho from the federal rural health transformation program grant. Moneys in the fund shall be used solely for federally approved rural health transformation program purposes, subject to appropriation by the legislature upon recommendation from the rural health transformation committee as established in section 56-2502, Idaho Code.

(2) The Idaho rural health transformation fund shall be subject to annual public reporting of all receipts and expenditures.

History:

[56-2501, added 2026, ch. 313, sec. 1, p. 1258.]
Idaho Code § 56-269 — Idaho Code / Title 56 / Chapter 2 / Section 56-269
56-269 CHANGES IN ELIGIBILITY CRITERIA TO BE PROVIDED IN STATUTE.
Status: in_force

56-269. changes in eligibility criteria to be provided in statute. Effective July 1, 2025, any change that would expand eligibility criteria for a public assistance program, or that would expand the benefit provided by a public assistance program, must be provided in statute and may not be provided in rule, state plan, state plan amendment, agency guidance, or other documents. For the purpose of this section, "agency guidance" shall have the same meaning as described in section 67-5250, Idaho Code.

History:

[56-269, added 2023, ch. 301, sec. 1, p. 911; am. 2025, ch. 103, sec. 1, p. 549.]
Idaho Code § 56-223 — Idaho Code / Title 56 / Chapter 2 / Section 56-223
56-223 PUBLIC ASSISTANCE NOT ASSIGNABLE.
Status: in_force

56-223. Public assistance not assignable. Public assistance awarded under this act shall not be transferable or assignable, and none of the money paid or payable under this act shall be subject to execution, attachment, or other legal process; except that the department may transfer funds to another public agency in lieu of payments to recipients, said funds to be transferred by such agency to project sponsors for payment as wages to said recipients participating in special work projects.

History:

[56-223, added 1941, ch. 181, sec. 23, p. 379; am. 1969, ch. 30, sec. 2, p. 51; am. 1997, ch. 30, sec. 1, p. 55.]
Idaho Code § 56-609 — Idaho Code / Title 56 / Chapter 6 / Section 56-609
56-609 WORKER'S COMPENSATION BENEFITS.
Status: in_force

56-609. worker's compensation benefits. Participants shall, for the purpose of the administration of the worker's compensation law, be deemed to be civil employees of the state.

History:

[56-609, added 1963, ch. 126, sec. 9, p. 370; am. 1991, ch. 330, sec. 3, p. 855; am. 2015, ch. 244, sec. 36, p. 1028.]
Idaho Code § 56-1608 — Idaho Code / Title 56 / Chapter 16 / Section 56-1608
56-1608 PENALTIES FOR FAILURE TO PAY INTERMEDIATE CARE FACILITY ASSESSMENT.
Status: in_force

56-1608. penalties for failure to pay INTERMEDIATE CARE FACILITY assessment. (1) If an ICF fails to pay the full amount of an ICF assessment when due, there shall be added to the assessment, unless waived by the department for reasonable cause, a penalty equal to five percent (5%) of the amount of the assessment that was not paid when due. Any subsequent payments shall be credited first to unpaid assessment amounts rather than to penalty or interest amounts, beginning with the most delinquent installment.

(2) In addition to the penalty identified in subsection (1) of this section, the department may seek any of the following remedies for failure of any ICF to pay its assessment when due:

(a) Withhold any medical assistance reimbursement payments until such time as the assessment amount is paid in full;

(b) Suspend or revoke the ICF license; or

(c) Develop a plan that requires the ICF to pay any delinquent assessment in installments.

History:

[56-1608, added 2011, ch. 164, sec. 24, p. 481.]
Idaho Code § 56-2403 — Idaho Code / Title 56 / Chapter 24 / Section 56-2403
56-2403 CERTIFICATION FEES.
Status: in_force

56-2403. certification fees. (1) Laboratories requesting chemistry certification shall be charged a base fee of one hundred dollars ($100) per discipline and twenty dollars ($20.00) per analyte per method.

(2) Laboratories requesting microbiology certification shall be charged a fee of one hundred fifty dollars ($150).

(3) Out-of-state laboratories requesting chemistry certification shall be charged a base fee of two hundred dollars ($200) per discipline and twenty dollars ($20.00) per analyte per method.

(4) Out-of-state laboratories requesting microbiology certification shall be charged a fee of three hundred dollars ($300).

(5) New laboratories requesting certification will be charged a non-refundable application fee of two hundred fifty dollars ($250) per discipline listed on the completed application form.

History:

[(56-2403) 56-2203, added 2025, ch. 84, sec. 13, p. 397; am. and redesig. 2026, ch. 251, sec. 26, p. 1081.]
Idaho Code § 56-1108 — Idaho Code / Title 56 / Chapter 11 / Section 56-1108
56-1108 PUBLIC ASSISTANCE — ELIGIBILITY DETERMINATION.
Status: in_force

56-1108. Public assistance — Eligibility determination. Moneys in an individual development account established pursuant to the provisions of this chapter, or moneys withdrawn from an individual development account on behalf of an account holder for an approved purpose, shall not be counted as an asset of the account holder for the purpose of eligibility determination for any public assistance offered by the state of Idaho or a political subdivision of the state of Idaho.

History:

[56-1108, added 2002, ch. 149, sec. 1, p. 440.]
Idaho Code § 56-1052 — Idaho Code / Title 56 / Chapter 10 / Section 56-1052
56-1052 IMPOUNDING OF MATERIALS.
Status: in_force

56-1052. Impounding of materials. The department shall have the authority in the event of an emergency to impound or order the impounding of x-ray producing machines in the possession of any person who is not equipped to observe or fails to observe the provisions of sections 56-1041 through 56-1053, Idaho Code, or any rules issued thereunder.

History:

[56-1052, added 2001, ch. 110, sec. 47, p. 395.]
Idaho Code § 56-273 — Idaho Code / Title 56 / Chapter 2 / Section 56-273
56-273 PROHIBITION ON REIMBURSEMENT AND COVERAGE.
Status: in_force

56-273. Prohibition on reimbursement and coverage. (1) Pursuant to chapter 89, title 18, Idaho Code, the Idaho medicaid program shall not reimburse or provide coverage for any surgical operation or medical intervention described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual's perception of the individual's sex in a way that is inconsistent with the individual's biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult, except exempted surgical operations or medical interventions described in section 18-8901(1), Idaho Code.

(2) The department of health and welfare and any other state agency who provides medicaid services shall promulgate rules, subject to legislative approval, directing medicaid provider agreements to contain certifications that no public funds have been used in violation of section 18-8901, Idaho Code.

History:

[(56-273) 56-270, added 2024, ch. 209, sec. 3, p. 746; am. and redesig. 2025, ch. 211, sec. 26, p. 998.]
Idaho Code § 56-1047 — Idaho Code / Title 56 / Chapter 10 / Section 56-1047
56-1047 FEDERAL-STATE AGREEMENTS — AUTHORIZED — EFFECT AS TO FEDERAL LICENSES.
Status: in_force

56-1047. Federal-state agreements — Authorized — Effect as to federal licenses. (1) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to x-ray producing machines and the assumption thereof by this state pursuant to sections 56-1041 through 56-1053, Idaho Code.

(2) Any person who, on the effective date of an agreement under subsection (1) of this section, possesses a license issued by the federal government, shall be deemed to possess the same pursuant to a license issued under sections 56-1041 through 56-1053, Idaho Code, which shall expire either ninety (90) days after the receipt from the department of a notice of expiration of such license or on the date of expiration specified in the federal license, whichever is earlier.

History:

[56-1047, added 2001, ch. 110, sec. 42, p. 393.]
Idaho Code § 56-503 — Idaho Code / Title 56 / Chapter 5 / Section 56-503
56-503 ELIGIBILITY.
Status: in_force

56-503. eligibility. (1) A person has refugee status for purposes of assistance under the refugee medical assistance program if such person:

(a) Has an I-94 indicating that such person has been:

(i) Paroled under 8 U.S.C. 1182;

(ii) Admitted as a conditional entrant under 8 U.S.C. 1153;

(iii) Admitted as a refugee under 8 U.S.C. 1157; or

(iv) Granted asylum under 8 U.S.C. 1158;

(b) Is an Afghan special immigrant, pursuant to P.L. 110-161, who has special immigration status after December 26, 2007; or

(c) Is an Iraqi special immigrant, pursuant to P.L. 110-181, who has special immigration status after January 28, 2008.

(2) A person whose status is Cuban/Haitian entrant shall be determined pursuant to 45 CFR 401.

(3) An Amerasian or close family member admitted as an immigrant but eligible for refugee medical assistance as though such person was admitted as a refugee must have either of the following documents verifying such person's status:

(a) An I-94 coded AM1, AM2, or AM3, stamped "processed for I-551. Temporary evidence of lawful admission for permanent residence. Valid until (expiration date). Employment authorized." and containing the stamped word "admitted" on the back; or

(b) A permanent identification document, form I-551, coded AM6, AM7, or AM8.

History:

[56-503, added 2025, ch. 166, sec. 1, p. 798.]
Idaho Code § 56-709 — Idaho Code / Title 56 / Chapter 7 / Section 56-709
56-709 ESTABLISHMENT OF AN ABLE ACCOUNT ADVISORY COUNCIL — APPOINTMENT OF MEMBERS — MEETINGS — COMPENSATION — DUTIES.
Status: in_force

56-709. establishment of an able account advisory council — appointment of members — meetings — compensation — duties. (1) There is hereby established in the office of the state treasurer an ABLE account advisory council. The ABLE account advisory council shall consist of the state treasurer, who shall act as chair, the executive director of the Idaho state independent living council, who shall serve in an ex officio capacity, and members appointed by the governor after considering recommendations of the state treasurer.

(2)(a) The members of the ABLE account advisory council subject to appointment shall be:

(i) Two (2) members who are knowledgeable and have experience or a background in but are not currently employed by the department of health and welfare or the division of vocational rehabilitation;

(ii) One (1) member who is knowledgeable and has experience or a background in education;

(iii) One (1) member who is knowledgeable and has experience or a background with disabled veterans;

(iv) One (1) ABLE account owner; and

(v) One (1) parent or guardian of an ABLE account owner.

(b) Appointed members shall serve at the pleasure of the governor for four (4) year terms. Initial appointments shall be staggered as follows:

(i) One (1) member shall serve for one (1) year;

(ii) One (1) member shall serve for two (2) years;

(iii) Two (2) members shall serve for three (3) years; and

(iv) Two (2) members shall serve for four (4) years.

(c) If there is a vacancy for any reason in the seat of an appointed member, the governor shall make an appointment to become effective immediately for the duration of the unexpired term.

(3) The meetings of the ABLE account advisory council shall be held quarterly and at other times upon the call of the chair or a majority vote of the council. A majority of the members of the council shall constitute a quorum for the transaction of business.

(4) The council members appointed pursuant to this section shall be compensated as provided by section 59-509(a), Idaho Code.

(5) The ABLE account advisory council shall advise the state treasurer and the executive director of the Idaho state independent living council regarding policies and actions that enhance the outreach, marketing, and education of the Idaho ABLE account program. The chair of the council shall provide an annual report to the legislature.

History:

[56-709, added 2025, ch. 35, sec. 2, p. 173.]
Idaho Code § 56-203F — Idaho Code / Title 56 / Chapter 2 / Section 56-203F
56-203F REGISTRATION OF FOREIGN SUPPORT ORDERS.
Status: in_force

56-203F. registration of FOREIGN support orders. Notwithstanding any other provision of law, the state department of health and welfare shall register a family support order or family support agreement originating in a foreign country prior to taking enforcement action on the resulting family support obligation. A foreign support order or foreign support agreement shall be registered pursuant to the provisions of chapter 10, title 7, Idaho Code.

History:

[56-203F, added 2015, 1st E.S., ch. 1, sec. 66, p. 32.]
Idaho Code § 56-2603 — Idaho Code / Title 56 / Chapter 25 / Section 56-2603
56-2603 DEFINITIONS.
Status: in_force

56-2503 [56-2603]. definitions. As used in this chapter:

(1) "Discriminatory hiring" means granting a preference or imposing a disadvantage in employment or contracting based on race, sex, or national origin, except as expressly required by federal law.

(2) "Diversity, equity, and inclusion" or "DEI" means the policies commonly known and practiced as DEI, critical race theory, or anti-racism, any form of race or sex stereotyping or scapegoating, or the concepts that:

(a) One race or sex is inherently superior to another race or sex;

(b) The United States is fundamentally racist or sexist;

(c) An individual, by virtue of the individual's race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(d) An individual should be discriminated against or receive adverse treatment solely or partly because of the individual's race or sex;

(e) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(f) An individual's moral character is necessarily determined by the individual's race or sex;

(g) An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(h) An individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual's race or sex;

(i) Meritocracy or traits such as a hard work ethic are racist or sexist or were created by a particular race to oppress another race; or

(j) All people should be compelled to believe in and speak in a manner consistent with the concept that an individual can change the individual's sex or gender.

(3) "Health care provider" means any individual or entity that voluntarily participates in the Idaho medicaid program or receives medicaid reimbursements in whole or in part through a state-contracted managed care network.

(4) "Prohibited DEI conduct" means any policy, practice, training, or requirement that includes:

(a) Consideration of DEI in hiring, promotion, compensation, discipline, termination, or contracting decisions;

(b) Race-based or sex-based preferences, targets, benchmarks, quotas, or equity goals;

(c) Mandatory bias, implicit bias, systemic bias, or similar training that assigns responsibility, disadvantage, or professional outcomes based on protected characteristics rather than individual merit or performance; or

(d) Required statements, pledges, attestations, or affirmations endorsing diversity, equity, and inclusion principles or related ideological frameworks as a condition of employment or contracting.

(5) "Public-facing communication" means any communication made available to the public, including marketing materials, websites, mission or value statements, publicly presented staff trainings, facility signage, or social media.

(6) "Sex" has the same meaning as defined in section 73-114, Idaho Code.

History:

[(56-2603) 56-2503, added 2026, ch. 289, sec. 1, p. 1208.]
Idaho Code § 56-703 — Idaho Code / Title 56 / Chapter 7 / Section 56-703
56-703 RIGHT TO FULL AND EQUAL ACCOMMODATIONS IN ALL COMMON CARRIERS, HOTELS, LODGING HOUSES, PLACES OF PUBLIC ACCOMMODATIONS OR OTHER PUBLIC PLACES.
Status: in_force

56-703. Right to full and equal accommodations in all common carriers, hotels, lodging houses, places of public accommodations or other public places. Individuals with disabilities are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, and railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodations, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

History:

[56-703, added 1969, ch. 69, sec. 3, p. 212; am. 1984, ch. 147, sec. 7, p. 344; am. 2010, ch. 235, sec. 51, p. 589; am. 2019, ch. 213, sec. 12, p. 649.]
Idaho Code § 56-1037 — Idaho Code / Title 56 / Chapter 10 / Section 56-1037
56-1037 POISON CONTROL CENTER ESTABLISHED — SERVICES OFFERED.
Status: in_force

56-1037. Poison control center established — Services offered. The director of the department of health and welfare (for purposes of sections 56-1036 through 56-1039, Idaho Code, "director") shall establish, and provide support in a manner consistent with sections 56-1036 through 56-1039, Idaho Code, a statewide poison control center. The poison control center shall offer the following services:

(1) Provide twenty-four (24) hour emergency telephone management and treatment referral of victims of poisoning to include determining whether treatment can be accomplished at the scene of the incident or transport to an emergency treatment or other facility is required, and carrying out telephone follow-up to families and other individuals to assure that adequate care is provided;

(2) Provide information to health professionals involved in management of poisoning and overdose victims; and

(3) Provide coordination and development of community education programs designed to inform the public and members of the health professions of poison prevention and treatment methods and to improve awareness of poisoning problems, occupational risks and environmental exposures.

History:

[(56-1037) 39-167, added 1996, ch. 147, sec. 1, p. 484; am. and redesig. 2001, ch. 110, sec. 32, p. 388; am. 2025, ch. 82, sec. 109, p. 391.]
Idaho Code § 56-209o — Idaho Code / Title 56 / Chapter 2 / Section 56-209o
56-209o FAILURE TO RETAIN RECORDS.
Status: in_force

56-209o. Failure to retain records. (1) Whoever receives payment for treatment, services or goods under the provisions of this chapter or under the state plan pursuant to subchapter XIX or XXI, chapter 7, title 42, U.S.C., shall retain for a period of at least five (5) years all records required to be maintained by rule of the department for administration of the medicaid program.

(2) It shall be unlawful with an intent to evade or avoid the provisions of this act: to fail to retain the records specified in subsection (1) of this section for a period of at least five (5) years from the date payment was claimed or received, whichever is later; or to knowingly destroy or cause the records specified in subsection (1) of this section to be destroyed within five (5) years from the date payment was claimed or received, whichever is later. Any person who, with an intent to evade or avoid the provisions of this act, fails to retain records or destroys records or causes records to be destroyed as provided in this subsection (2), with an intent to evade or avoid the provisions of this act, shall be subject to the following criminal sanctions:

(a) If the treatment, services or goods for which records were not retained or for which records were destroyed amount to not more than one thousand dollars ($1,000), the person shall be guilty of a misdemeanor and shall be sentenced pursuant to section 18-113, Idaho Code.

(b) If the value of the treatment, services or goods for which records were not retained or for which records were destroyed is more than one thousand dollars ($1,000), the person shall be guilty of a felony and shall be sentenced pursuant to section 18-112, Idaho Code.

(c) If the records not retained or destroyed were used in whole or in part to determine a rate of payment under the program, the person shall be guilty of a misdemeanor and shall be sentenced pursuant to section 18-113, Idaho Code.

History:

[56-209o, added 2007, ch. 341, sec. 3, p. 1004.]
Idaho Code § 56-2706 — Idaho Code / Title 56 / Chapter 25 / Section 56-2706
56-2706 SUITABILITY FOR EMPLOYMENT.
Status: in_force

56-2506 [56-2706]. suitability for employment. An applicant's clearance through a background check pursuant to this chapter is not a determination of suitability for employment.

History:

[(56-2706) 56-2506, added 2026, ch. 220, sec. 1, p. 920.]
Idaho Code § 56-235D — Idaho Code / Title 56 / Chapter 2 / Section 56-235D
56-235D APPEALS.
Status: in_force

56-235D. appeals. If a former resident feels aggrieved by a decision of the director rendered pursuant to a hearing as provided in section 56-235C, Idaho Code, appeal may be taken to the committing court or the court of the county in which such former resident is present. Appeal must be taken in the manner and form set forth in chapter 52, title 67, Idaho Code, provided however, the filing of a notice of appeal with the court shall not, unless otherwise ordered, stay the resident's discharge or the decision of the director.

History:

[56-235D, added 2011, ch. 101, sec. 6, p. 259.]
Idaho Code § 56-1306 — Idaho Code / Title 56 / Chapter 13 / Section 56-1306
56-1306 NOTICE REQUIREMENT.
Status: in_force

56-1306. Notice requirement. (1) An insurer issuing or marketing policies that qualify as partnership policies shall explain the benefits associated with a partnership policy by providing an asset disregard notice indicating that at the time of issue the coverage is an approved long-term care partnership policy. This asset disregard notice shall be provided to the policyholder or certificate holder no later than the time of policy or certificate delivery. This asset disregard notice shall also provide disclosure that the partnership status may be lost if the insured moves to a different state or modifies the coverage after issue, or if changes in federal or state laws occur.

(2) The notice to the consumer under subsection (1) of this section shall be developed by the director of the department of insurance.

History:

[(56-1306) 56-1206, added 2004, ch. 261, sec. 1, p. 738; am. and redesig. 2005, ch. 25, sec. 118, p. 130; am. 2007, ch. 253, sec. 3, p. 757.]
Idaho Code § 56-205 — Idaho Code / Title 56 / Chapter 2 / Section 56-205
56-205 ISSUANCE OF SNAP BENEFITS.
Status: in_force

56-205. issuance of snap benefits. (1) In each month that the state department or its authorized agent issues benefits under the supplemental nutrition assistance program (SNAP) to eligible persons, such benefits shall be issued over the course of not less than ten (10) consecutive days within the month.

(2) To reduce the burden on state general funds, any implementation costs incurred by the department under subsection (1) of this section shall be paid using SNAP performance bonus money if such money is received from the United States department of agriculture. If the department does not receive sufficient SNAP performance bonus money, state general funds shall be requested to implement the provisions of this act. This act is dependent upon ongoing operating and personnel appropriations.

(3) Unless expressly required by federal law, the department of health and welfare shall obtain specific authorization from the legislature before seeking, applying for, accepting, or renewing any waiver of work requirements established by the supplemental nutrition assistance program under 7 U.S.C. 2015(o).

(4) The department of health and welfare may not exercise the state's option to provide any exemptions from the work requirement under 7 U.S.C. 2015(o)(6)(E).

(5)(a) Under the authority given to a state agency to operate the general work requirement pursuant to 7 U.S.C. 2015(d), the department of health and welfare shall assign all individuals who are over the age of seventeen (17) years and under the age of sixty (60) years to an employment and training program as defined in 7 U.S.C. 2015(d)(4), unless the individual is:

(i) Currently subject to and complying with a work registration requirement under title IV of the social security act, as amended, or the federal-state unemployment insurance system, in which case, failure by such person to comply with any work requirement to which such person is subject shall be the same as failure to comply with the general work requirement;

(ii) A parent or other member of a household with responsibility for the care of a dependent child under the age of six (6) years or of an incapacitated person;

(iii) A bona fide student enrolled at least half-time in any recognized school, training program, or institution of higher education, except any such person enrolled in an institution of higher education who is ineligible to participate under 7 U.S.C. 2015(d);

(iv) A regular participant in a drug addiction or alcoholic treatment and rehabilitation program;

(v) Employed a minimum of thirty (30) hours per week or receiving weekly earnings that equal the minimum hourly rate under the fair labor standards act of 1938, as amended, multiplied by thirty (30) hours; or

(vi) A person between the ages of sixteen (16) and eighteen (18) years who is not a head of a household or who is attending school, or enrolled in an employment training program, on at least a half-time basis.

(b) The department of health and welfare may develop a list of additional state-specific exemptions from participation, such as but not necessarily including exemptions for lack of transportation or pregnancy, but may not, in any fiscal year, provide exemptions to a number of individuals equal to or greater than twenty percent (20%) of the total number of work registrants enrolled the previous fiscal year without first obtaining specific authorization from the legislature to do so.

(c) In the event that the director of the department of health and welfare finds that employment and training assignments cannot be funded or provided to all individuals subject to such assignment under this section, the director shall:

(i) Submit a report within fourteen (14) days of first failing to make a required assignment to all members of the legislature and the governor containing:

1. An attestation that the department has expended the state's biennial employment and training grant from the federal government;

2. An attestation that the department has received and expended its able-bodied adults without dependents pledge funding from the federal government;

3. A detailed explanation of the cost-saving measures considered and taken to increase the number of assignments, including online training, work experience components, or work partnerships, and why additional assignments cannot be made within existing funding streams despite those measures;

4. Recommendations for additional funding sources related to workforce training that would be more effectively used to increase workforce participation by directing funds toward employment and training assignments or an explanation for why such redirection from other funding sources would not be more effective to that end;

5. The percentage of work registrants assigned to an employment and training program in the previous month, to be updated and resubmitted monthly to all members of the legislature and the governor; and

6. A plan for how the department plans to restart assignments for all individuals subject to assignment within six (6) months without additional funding using more scalable and affordable employment and training assignments, such as participation in online training, work experience components, or work partnerships;

(ii) Provide updates to all members of the legislature and the governor every thirty (30) days as to the metrics and plans submitted in the first report for as long as the department is failing to make all such required assignments; and

(iii) Continue to assign as many individuals subject to the requirement as possible, prioritizing adults without dependents who have been enrolled for more than one (1) year.

(d) The department may not stop making assignments or decline to assign any individual to an employment and training program because the work requirement for able-bodied adults without dependents under 7 U.S.C. 2015(o) has been suspended or waived partially or wholly by the department, state, or federal government.

History:

[56-205, added 2014, ch. 322, sec. 1, p. 800; am. 2023, ch. 227, sec. 1, p. 699.]
Idaho Code § 56-2107 — Idaho Code / Title 56 / Chapter 21 / Section 56-2107
56-2107 RESPONSIBILITY FOR COSTS OF PROTECTIVE CUSTODY AND CARE OF PATIENTS.
Status: in_force

56-2107. RESPONSIBILITY FOR COSTS OF PROTECTIVE CUSTODY AND CARE OF PATIENTS. (1) As used in this section:

(a) "Protective custody period" means a period that begins when a person is taken into custody pursuant to sections 56-2104 and 56-2105, Idaho Code, and ends when the patient is released from protective custody.

(b) "Routine medical care" includes care provided during the protective custody period that includes hospital costs, including routine board, room, and support services.

(c) "Third-party applicant" means a person other than a patient who completes, signs, and files an application for medicaid on behalf of the patient. A third-party applicant may be an adult who is a member of the patient's family or household, the patient's authorized representative, or, if the patient is incapacitated, someone, including an agent of a facility, who is acting responsibly for the patient.

(2) In instances where the person placed in protective custody is released with no underlying medical conditions in addition to the person's neurocognitive disorder having been identified, costs associated with the protective custody shall be the responsibility of the person placed in protective custody, subject to the department of health and welfare's determination of the person's ability to pay all or any part of such costs. The department shall:

(a) Determine costs pursuant to section 39-3140, Idaho Code;

(b) Inquire to determine if the person has insurance, including medical assistance provided under the state plan for medicaid as authorized by title XIX of the social security act, as amended; and

(c) Report its findings to the court.

(3) The court may order a person to pay costs consistent with this section.

(4) To the extent possible, the costs of routine medical care incurred during protective custody shall be assigned to a person's health insurance, including medical assistance provided under the state plan for medicaid as authorized by title XIX of the social security act, as amended. If a person may be eligible for medicaid but has not applied, a third-party applicant, including an agent at a hospital where a person is taken into custody or detained under this chapter, may submit a medicaid application to the department of health and welfare. The medical care provided while the person is in protective custody shall be presumed to be medically necessary for purposes of determining reimbursement for that care by third-party payers.

(5) Remaining costs for routine medical care shall be apportioned as follows:

(a) The department of health and welfare shall pay providers at the rate established by medicaid or its managed care organization. If, based on the department of health and welfare's determination under subsection (2) of this section, the person is able to pay a portion of the medical costs, the person shall reimburse the department consistent with the department's determination of costs pursuant to section 39-3140, Idaho Code; or

(b) Costs for routine medical care during the protective placement period shall be paid by the department of health and welfare, consistent with the process described in paragraph (a) of this subsection.

History:

[(56-2107) 56-1907, added 2024, ch. 264, sec. 1, p. 922; am. and redesig. 2025, ch. 110, sec. 14, p. 582.]
Idaho Code § 56-1036 — Idaho Code / Title 56 / Chapter 10 / Section 56-1036
56-1036 LEGISLATIVE INTENT.
Status: in_force

56-1036. Legislative intent. (1) The legislature finds that accidental poisoning is a serious public health problem in the state of Idaho and is a problem that disproportionately affects Idaho's children. It further finds that a significant reduction in the morbidity and mortality resulting from such accidental poisonings has occurred as a result of the services provided by the poison control center.

(2) The purpose of sections 56-1036 through 56-1039, Idaho Code, is to declare legislative support for the important work of the poison control center and to assure, by statute, the continued existence of the poison control center.

(3) The legislature finds that the poison control center has saved lives and reduced suffering associated with poisoning by providing emergency telephone assistance and treatment referral to victims of such incidents, by providing immediate treatment information to health care professionals, and by providing public education and prevention programs.

(4) The legislature recognizes that enhanced cooperation between the emergency medical system and poison control centers will aid in responding to emergencies resulting from exposure to poisons and that, by providing telephone assistance to individuals with possible exposure to poisons, the need for emergency room and professional office visits will be reduced. As a result, the cost of health care to those who may have been poisoned will be avoided or reduced and appropriate treatment will be assured.

History:

[(56-1036) 39-166, added 1996, ch. 147, sec. 1, p. 483; am. and redesig. 2001, ch. 110, sec. 31, p. 387; am. 2025, ch. 82, sec. 108, p. 391.]
Idaho Code § 56-1106 — Idaho Code / Title 56 / Chapter 11 / Section 56-1106
56-1106 INDIVIDUAL DEVELOPMENT ACCOUNT ADVISORY BOARD — POWERS AND DUTIES.
Status: in_force

56-1106. Individual development account advisory board — Powers and duties. There is hereby created the individual development account advisory board. The board shall consist of the administrator of the division of financial management or his designee who shall serve as chair, the director of the department of finance or designee, the director of the department of health and welfare or designee, the director of the department of commerce or designee, the chairman of the Idaho state tax commission or designee, and the superintendent of public instruction or designee. A quorum shall be necessary to transact business. Members of the board shall be compensated by their appointing entity. The individual development account board shall:

(1) Develop and administer the individual development account program in a manner consistent with this chapter through the adoption of guidelines and procedures, and rules adopted in compliance with chapter 52, title 67, Idaho Code;

(2) Retain professional services, if necessary, including accountants, auditors, consultants and other experts;

(3) Seek rulings and other guidance, as necessary, from the United States department of the treasury, the internal revenue service and the state tax commission relating to the program;

(4) Make changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by section 529 of the Internal Revenue Code of 1986, as amended.

(5) Interpret, in rules, policies, guidelines and procedures, the provisions of this chapter broadly in light of its purpose and objectives; and

(6) Approve fiduciary organizations to implement the individual development account program and administer moneys for individual development account purposes. In making the selections, the board shall consider factors including, but not limited to:

(a) The ability of the fiduciary organization to implement and administer the individual development account program, including the ability to verify account holder eligibility, certify that matching deposits are used only for approved purposes and exercise general fiscal accountability;

(b) The capacity of the fiduciary organization to provide or raise matching funds for the deposits of account holders;

(c) The capacity of the fiduciary organization to provide financial counseling and other related services to account holders;

(d) The links that the fiduciary organization has to other activities and programs designed to increase the independence of this state's lower-income households through education and training, home ownership and small business development; and

(e) The ability to meet criteria established by the federal government relating to individual development account programs.

History:

[56-1106, added 2002, ch. 149, sec. 1, p. 438.]
Idaho Code § 56-227B — Idaho Code / Title 56 / Chapter 2 / Section 56-227B
56-227B PROVIDER FRAUD — DAMAGES.
Status: in_force

56-227B. Provider fraud — Damages. Any provider who knowingly with intent to defraud by means of false statement or representation, obtains compensation from public funds greater than that to which he is legally entitled for services or supplies furnished or purportedly furnished shall be liable for civil damages equal to three (3) times the amount by which any figure is falsely overstated. The director of the department of health and welfare or the attorney general shall have the right to cause legal action to be taken for the recovery of such damages when persuaded that a reimbursement claim for payment is falsely overstated. The burden of proof for such recovery action shall be that which is used in other civil actions for the recovery of damages. The remedy provided by this section shall be in addition to any other remedy provided by law.

If any provider of services or supplies is required to refund or repay all or part of any payment received by said provider under the provisions of this section, said refund or repayment shall bear interest from the date payment was made to such provider to the date of said refund or repayment. Interest shall accrue at the rate of ten percent (10%) per annum. The prevailing party in an action, under this section shall be awarded costs and reasonable attorney's fees incurred in bringing or defending the action. Notwithstanding any other provision of the Idaho Code, all costs and attorney's fees awarded to the department of health and welfare or the attorney general pursuant to this section shall be deposited into the state general fund.

History:

[56-227B, added 1977, ch. 226, sec. 3, p. 675; am. 2007, ch. 341, sec. 6, p. 1008.]
Idaho Code § 56-209i — Idaho Code / Title 56 / Chapter 2 / Section 56-209i
56-209i LEGISLATIVE FINDINGS.
Status: in_force

56-209i. Legislative findings. It is the intent of the legislature that the provisions of this act enhance the employability of participants in the temporary assistance for families in Idaho (TAFI) programs through substance abuse screening and, where appropriate, testing and treatment. The legislature finds that a significant number of employers use preemployment drug testing. Substance abuse adds to the difficulties such individuals have in securing employment. The legislature also finds that substance abuse in and of itself impairs personal responsibility and self-sufficiency and stands in the way of the very intent of the TAFI program to care for the health and welfare of certain qualified recipients and in so doing results in welfare costs that burden the state's taxpayers. The legislature further finds that substance abuse adversely affects a significant portion of the workforce, which results in billions of dollars of lost productivity each year and poses a threat to the safety of the workplace and to the public safety and security. In balancing the interests of taxpayers, participants in the TAFI program and potential employers against the interests of those who will be screened and tested under this act, the legislature finds that screening, testing and treatment as provided for in this act are in the greater interests of all concerned.

History:

[56-209i, added 2000, ch. 467, sec. 1, p. 1447.]
Idaho Code § 56-202 — Idaho Code / Title 56 / Chapter 2 / Section 56-202
56-202 DUTIES OF DIRECTOR OF STATE DEPARTMENT OF HEALTH AND WELFARE.
Status: in_force

56-202. Duties of director of state department of health and welfare. The director of the state department of health and welfare shall:

(a) Administer public assistance and social services to eligible people;

(b) Promulgate, adopt and enforce such rules and such methods of administration as may be necessary or proper to carry out the provisions of title 56, Idaho Code, except as provided in section 56-203A, Idaho Code;

(c) Conduct research and compile statistics relating to public welfare;

(d) Prepare for the governor and legislature an annual report of activities and expenditures; make such reports in such form and containing such information as the federal government may from time to time require; and comply with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of such reports;

(e) Cooperate with the federal government through its appropriate agency or instrumentality in establishing, extending, and strengthening services for the protection and care of homeless, dependent, and neglected children, and children in danger of becoming delinquent; and to undertake other services for children authorized by law;

(f) Cooperate with the federal government through its appropriate agency or instrumentality in establishing and maintaining a comprehensive system of in-home services as defined in section 67-5006, Idaho Code, designed to assist older persons, as defined in section 67-5006, Idaho Code, of Idaho to continue living in an independent and dignified home environment and to undertake other services for older persons as authorized by law;

(g) Exercise the opt out provision in section 115 of the personal responsibility and work opportunity reconciliation act of 1996, P.L. 104-193. Consistent with this, the department may provide food stamps and services funded under title 4A (including cash assistance, TANF supportive services and at risk payments) to a person who has been convicted of a felony involving a controlled substance as defined in chapter 27, title 37, Idaho Code, if they comply with the terms of a withheld judgment, probation or parole.

History:

[56-202, added 1941, ch. 181, sec. 2, p. 379; am. 1945, ch. 109, sec. 2, p. 165; am. 1967, ch. 373, sec. 14, p. 1071; am. 1976, ch. 9, sec. 6, p. 28; am. 1980, ch. 325, sec. 10, p. 832; am. 1982, ch. 155, sec. 1, p. 421; am. 1996, ch. 50, sec. 2, p. 148; am. 2000, ch. 198, sec. 1, p. 489; am. 2004, ch. 257, sec. 1, p. 732.]
Idaho Code § 56-1204 — Idaho Code / Title 56 / Chapter 12 / Section 56-1204
56-1204 ADDITIONAL POWERS AND DUTIES.
Status: in_force

56-1204. Additional powers and duties. The council shall carry out those powers and duties set forth in the rehabilitation act of 1973, as amended. The council shall also:

(1) Assess the need for services for Idahoans with disabilities and advocate with decision makers;

(2) Supervise and evaluate such staff as may be necessary to carry out the functions of the council;

(3) Ensure that all regularly scheduled meetings of the council are open to the public and that sufficient advance notice of meetings is provided pursuant to the open meeting law;

(4) Prepare reports and make recommendations, as necessary;

(5) Perform other activities the council deems necessary to increase the ability of Idahoans with disabilities to live independently;

(6) Promulgate rules, as may be necessary, in compliance with chapter 52, title 67, Idaho Code.

History:

[56-1204, added 2004, ch. 327, sec. 1, p. 979; am. 2016, ch. 224, sec. 2, p. 619.]
Idaho Code § 56-1206 — Idaho Code / Title 56 / Chapter 12 / Section 56-1206
56-1206 IDAHO STATE INDEPENDENT LIVING COUNCIL FUND.
Status: in_force

56-1206. Idaho state independent living council fund. There is hereby created in the state treasury the Idaho state independent living council fund. Moneys in the fund shall consist of appropriations, grants, federal funds, donations, gifts, or moneys from any other source. Moneys in the fund are hereby perpetually appropriated for purposes provided in this chapter. The state treasurer shall invest idle moneys in the fund and any interest received on those investments shall be returned to the fund.

History:

[56-1206, added 2004, ch. 327, sec. 1, p. 979.]
Idaho Code § 56-117 — Idaho Code / Title 56 / Chapter 1 / Section 56-117
56-117 PAYMENT OF SPECIAL RATES.
Status: in_force

PART B

FREE-STANDING SKILLED CARE AND INTERMEDIATE CARE FACILITIES

56-117. Payment of special rates. The director shall have authority to pay facilities at special rates for care given to patients who have long-term care needs not adequately reflected in the rates calculated pursuant to the principles set forth in section 56-265, Idaho Code. The payment for such specialized care will be in addition to any payments made in accordance with other provisions of this chapter. The incremental cost to a facility that exceeds the rate for services provided pursuant to the provisions of section 56-265, Idaho Code, will be excluded from the computation of payments or rates under other provisions of this chapter. Until the facility applies for a special rate, patients with such needs will be included in the computation of the facility's rates following the principles described in section 265, Idaho Code.

History:

[56-117, added 1989, ch. 362, sec. 2, p. 908; am. 1999, ch. 82, sec. 6, p. 276; am. 2011, ch. 164, sec. 5, p. 466.]
Idaho Code § 56-267 — Idaho Code / Title 56 / Chapter 2 / Section 56-267
56-267 MEDICAID ELIGIBILITY EXPANSION.
Status: in_force

56-267. MEDICAID ELIGIBILITY EXPANSION. (1) Except as provided by subsection (6) of this section, the state shall amend its state plan to expand medicaid eligibility to include those persons under sixty-five (65) years of age whose modified adjusted gross income is one hundred thirty-three percent (133%) of the federal poverty level or below and who are not otherwise eligible for any other coverage under the state plan, in accordance with sections 1902(a)(10)(A)(i)(VIII) and 1902(e)(14) of the social security act.

(2) No later than ninety (90) days after approval of this act, the department shall submit any necessary state plan amendments to the United States department of health and human services, centers for medicare and medicaid services to implement the provisions of this section. The department is required and authorized to take all actions necessary to implement the provisions of this section as soon as practicable.

(3) Eligibility for medicaid as described in this section shall not be delayed if the centers for medicare and medicaid services fail to approve any waivers of the state plan for which the department applies, nor shall such eligibility be delayed while the department is considering or negotiating any waivers to the state plan. The department shall not implement any waiver that would result in a reduction in federal financial participation for persons identified in subsection (1) of this section below the ninety percent (90%) commitment described in section 1905(y) of the social security act.

(4) If section 1905(y) of the social security act is held unlawful or unconstitutional by the United States supreme court, then the legislature shall declare this section to be null, void, and of no force and effect.

(5) If federal financial participation for persons identified in subsection (1) of this section is reduced below the ninety percent (90%) commitment described in section 1905(y) of the social security act, then the senate and house of representatives health and welfare committees shall, as soon as practicable, review the effects of such reduction and make a recommendation to the legislature as to whether medicaid eligibility expansion should remain in effect. The review and recommendation described in this subsection shall be conducted by the date of adjournment of the regular legislative session following the date of reduction in federal financial participation. Notwithstanding any other provision of law to the contrary, if the reduction in federal financial participation occurs outside of a state legislative session, the department shall take any action necessary to offset the increase in state funding, including but not limited to reductions in provider payment rates or elimination of optional benefits. Such actions shall be taken until such time as the state legislature may convene and determine a proper course of action.

(6) No later than December 31, 2026, the department shall implement the community engagement requirements established pursuant to 42 U.S.C. 1396a(xx). After the community engagement requirements have been implemented:

(a) No person shall be enrolled in medicaid pursuant to this section unless such person demonstrates compliance with the community engagement requirements for the three (3) consecutive months immediately preceding the month during which the person applies; and

(b) The department shall disenroll from medicaid any person who is currently enrolled pursuant to this section who is unable to demonstrate compliance with the community engagement requirements.

History:

[56-267, added 2018, Init Measure, No. 2, sec. 1; am. 2019, ch. 318, sec. 2, p. 945; am. 2025, ch. 118, sec. 6, p. 626; am. 2025, ch. 192, sec. 4, p. 890; am. 2026, ch. 334, sec. 1, p. 1313.]
Idaho Code § 56-802 — Idaho Code / Title 56 / Chapter 8 / Section 56-802
56-802 DEFINITIONS.
Status: in_force

56-802. Definitions. For the purposes of this act:

(1) "Hard-to-place child" means a child who is difficult to place for adoption or guardianship because of ethnic background, race, color, age, sibling grouping, or physical or emotional disability.

(2) "Department" means the department of health and welfare.

History:

[56-802, added 1974, ch. 61, sec. 2, p. 1139; am. 2001, ch. 92, sec. 1, p. 231; am. 2010, ch. 235, sec. 53, p. 590.]
Idaho Code § 56-1402 — Idaho Code / Title 56 / Chapter 14 / Section 56-1402
56-1402 DEFINITIONS.
Status: in_force

56-1402. Definitions. As used in this chapter:

(1) "Department" means the department of health and welfare.

(2) "Disproportionate share hospital" means a hospital that serves a disproportionate share of medicaid low-income patients as compared to other hospitals as determined by department rule.

(3) "Governmental entity" means and includes the state and its political subdivisions.

(4) "Hospital" is as defined in section 39-1301, Idaho Code.

(5) "Political subdivision" means a county, city, municipal corporation or hospital taxing district and, as used in this chapter, shall include state licensed hospitals established by counties pursuant to chapter 36, title 31, Idaho Code, or jointly by cities and counties pursuant to chapter 37, title 31, Idaho Code.

(6) "Private hospital" means a hospital that is not owned by a governmental entity.

(7) "Upper payment limit" means a limitation established by federal regulations, 42 CFR 447.272 and 42 CFR 447.321, that disallows federal matching funds when state medicaid agencies pay certain classes of hospitals an aggregate amount for inpatient and outpatient hospital services that would exceed the amount that would be paid for the same services furnished by that class of hospitals under medicare payment principles.

History:

[56-1402, added 2010, ch. 186, sec. 7, p. 396; am. 2025, ch. 122, sec. 38, p. 647.]
Idaho Code § 56-2106 — Idaho Code / Title 56 / Chapter 21 / Section 56-2106
56-2106 DUTY TO REPORT INSTANCES OF EMERGENCY PROTECTIVE PLACEMENT.
Status: in_force

56-2106. DUTY TO REPORT INSTANCES OF EMERGENCY PROTECTIVE PLACEMENT. (1) Hospitals shall report all placements in which persons are placed in emergency protective placement pursuant to section 56-2104 or 56-2105, Idaho Code, or an involuntary hold pursuant to section 66-326 or 66-329, Idaho Code, but determined by a health care provider to likely have a neurocognitive disorder and not mental illness to the department every quarter. Reports shall be due to the department on the last day of the month immediately following the end of the quarter, with the first report due April 30, 2025.

(2) Any and all patient information submitted as a part of a report required under this section shall be protected and de-identified according to state and federal privacy laws.

(3) The hospital shall report:

(a) The number of emergency protective placements that were placed at a hospital by a health care provider;

(b) The number of emergency protective placements that were placed at a hospital by a peace officer;

(c) The number of emergency protective placements that were made for persons determined to have an underlying medical reason for placement in the hospital who also had a neurocognitive disorder;

(d) The number of emergency protective placements that were made for persons who did not have a neurocognitive disorder;

(e) For emergency protective placements made for persons who did not have a medical reason for placement in the hospital other than a neurocognitive disorder, how many had a length of stay after the emergency protective placement ended at the hospital that was:

(i) Between zero (0) and five (5) days;

(ii) Between six (6) and ten (10) days;

(iii) Between eleven (11) and thirty (30) days;

(iv) Between thirty-one (31) and sixty (60) days;

(v) Between sixty-one (61) and ninety (90) days; and

(vi) More than ninety (90) days; and

(f) For emergency protective placements made for persons who had a medical reason for placement in the hospital other than a neurocognitive disorder, how many had a length of stay after the emergency protective placement ended at the hospital that was:

(i) Between zero (0) and five (5) days;

(ii) Between six (6) and ten (10) days;

(iii) Between eleven (11) and thirty (30) days;

(iv) Between thirty-one (31) and sixty (60) days;

(v) Between sixty-one (61) and ninety (90) days; and

(vi) More than ninety (90) days.

(4) The department shall include a summary of all reports made pursuant to subsection (1) of this section in the annual report on Alzheimer's disease and related dementias as required in section 39-2701, Idaho Code.

History:

[(56-2106) 56-1906, added 2024, ch. 264, sec. 1, p. 922; am. and redesig. 2025, ch. 211, sec. 29, p. 1004.]
Idaho Code § 56-2703 — Idaho Code / Title 56 / Chapter 25 / Section 56-2703
56-2703 RULES AND FEES.
Status: in_force

56-2503 [56-2703]. rules and fees. (1) The department is authorized to promulgate rules, subject to legislative approval, to carry out the purposes of this chapter, including rules enumerating disqualifying crimes, relevant records, and the administrative procedure for challenging a denial.

(2) Except as otherwise provided in law, an applicant is responsible to pay the nonrefundable fee for any background check conducted pursuant to this chapter. The department is authorized to establish fees by administrative rule, subject to legislative approval, to carry out the purposes of this chapter.

History:

[(56-2703) 56-2503, added 2026, ch. 220, sec. 1, p. 919.]
Idaho Code § 56-2304 — Idaho Code / Title 56 / Chapter 23 / Section 56-2304
56-2304 GENERAL REQUIREMENTS.
Status: in_force

56-2304. general requirements. (1) A clinical laboratory shall have adequate space, equipment, and supplies to perform the services offered by the laboratory with accuracy, precision, and safety.

(2) Practitioners legally authorized to diagnose, treat, and prescribe are authorized to order both waived and nonwaived tests and receive results. Laboratory directors are authorized to order the waived tests listed on an approved registration form and receive results.

(3) Clinical laboratories shall satisfactorily participate in proficiency testing programs approved by the department of health and welfare and ensure all proficiency testing results are available to the department.

(4) Clinical laboratories shall:

(a) Identify the person responsible for performing a procedure;

(b) Maintain testing records for at least two (2) years and ensure that test reports are readily accessible upon request; and

(c) Identify specimens referred to other certified laboratories and identify the reference laboratory by name and address.

History:

[56-2304, added 2025, ch. 84, sec. 14, p. 399.]
Idaho Code § 56-1055 — Idaho Code / Title 56 / Chapter 10 / Section 56-1055
56-1055 CYTOMEGALOVIRUS INFORMATION.
Status: in_force

56-1055. cytomegalovirus information. (1) The department shall make available the following information to the public, particularly pregnant women and women who may become pregnant:

(a) Incidence of cytomegalovirus (CMV);

(b) Transmission of CMV;

(c) Birth defects caused by congenital CMV;

(d) Available preventive measures; and

(e) Other information relating to CMV deemed pertinent by the department.

(2) The department shall make available the information described in subsection (1) of this section to:

(a) Health care providers licensed under title 54, Idaho Code, offering care to pregnant women and infants;

(b) Daycare and child care programs and facilities licensed under title 39, Idaho Code, and persons employed by such programs or facilities;

(c) School districts and persons offering health care or health education in a school district;

(d) Religious, ecclesiastical or denominational organizations offering children's programs as part of their services, and persons employed or volunteering for such programs; and

(e) Other persons and entities that would benefit from such information, as determined by the department.

History:

[56-1055, added 2017, ch. 93, sec. 1, p. 241.]
Idaho Code § 56-209j — Idaho Code / Title 56 / Chapter 2 / Section 56-209j
56-209j SUBSTANCE ABUSE SCREENING AND TESTING PROGRAMS.
Status: in_force

56-209j. Substance abuse screening and testing programs. (1) The department of health and welfare shall develop for implementation in fiscal year 2001, a program to screen each applicant who is otherwise eligible for temporary cash assistance provided under this chapter, and to subject to testing any applicant or participant who the department has reasonable suspicion to believe, based on the screening or other factors, is at risk of substance abuse.

(2) Prior to the first regular session of the fifty-sixth Idaho legislature, the department shall promulgate the necessary rules, pursuant to chapter 52, title 67, Idaho Code, to govern substance abuse screening and testing for TAFI programs. Rules shall, at a minimum:

(a) Specifically address the confidentiality of the screening and test results, and provide that individual results are protected under section 74-106(6), Idaho Code, and are not subject to disclosure except to an evaluating or treating substance abuse program, and cannot be released for use in any criminal investigation or proceeding;

(b) Provide notice of screening and testing requirements to each applicant at the time of application. The notice must, at a minimum, advise the applicant that substance abuse screening and possible testing will be conducted as a condition for receiving temporary assistance or services under this chapter. The applicant shall be advised that the required screening and possible testing may be avoided if the applicant does not apply for or receive assistance or services. The screening and testing program is not applicable in child only cases;

(c) Develop procedures for substance abuse screening and testing of applicants for and recipients of temporary assistance or services under the TAFI program;

(d) Provide a procedure to advise each person to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over-the-counter medication he or she is taking;

(e) Require each person to be tested to sign a written acknowledgment that he or she has received and understood the notice and advice provided under paragraphs (a) and (d) of this subsection;

(f) Provide a procedure to assure each person being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the state's need to ensure the reliability of the sample;

(g) Specify circumstances under which a person who tests positive has the right to take one (1) or more additional tests;

(h) Provide a procedure for appealing the results of a test by a person who tests positive, and denial of TAFI services or benefits;

(i) Provide a definition for reasonable suspicion and high risk;

(j) Delineate the substances which will be screened;

(k) Establish outcome measures which can substantiate program effectiveness.

History:

[56-209j, added 2000, ch. 467, sec. 2, p. 1448; am. 2015, ch. 141, sec. 152, p. 498.]
Idaho Code § 56-132 — Idaho Code / Title 56 / Chapter 1 / Section 56-132
56-132 DISPUTES.
Status: in_force

PART D

MISCELLANEOUS

56-132. Disputes. (a) If any facility wishes to contest the way in which a rule or contract provision relating to the prospective, cost-related reimbursement system was applied to such facility by the director, it shall first pursue the administrative review process set forth in section 56-133, Idaho Code.

(b) The administrative review process in section 56-133, Idaho Code, need not be exhausted if a facility wishes to challenge the legal validity of a statute, rule, or contract provision.

History:

[56-132, added 1981, ch. 159, sec. 1, p. 280.]
Idaho Code § 56-2602 — Idaho Code / Title 56 / Chapter 25 / Section 56-2602
56-2602 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

56-2502 [56-2602]. legislative findings and intent. (1) The legislature finds that:

(a) Medicaid participation is voluntary and subject to reasonable conditions imposed by the state as a steward of public funds;

(b) Employment decisions based on merit and professional qualifications promote patient trust and high-quality care; and

(c) Employment practices unrelated to job-related qualifications or business necessity undermine program integrity, workforce competency, and the efficient use of public funds.

(2) It is the intent of the legislature to:

(a) Ensure that health care employment and contracting decisions funded by medicaid are based on individual merit, qualifications, and clinical competency;

(b) Prohibit the use of state medicaid funds to support ideological or discriminatory employment practices; and

(c) Preserve compliance with all applicable federal civil rights and medicaid requirements.

(3) Nothing in this chapter is intended to authorize discrimination prohibited by federal law or to interfere with patient-specific medical decision-making.

History:

[(56-2602) 56-2502, added 2026, ch. 289, sec. 1, p. 1207.]
Idaho Code § 56-1509 — Idaho Code / Title 56 / Chapter 15 / Section 56-1509
56-1509 PENALTIES FOR FAILURE TO PAY ASSESSMENT.
Status: in_force

56-1509. Penalties for failure to pay assessment. (1) If a nursing facility fails to pay the full amount of a nursing facility assessment when due, there shall be added to the assessment, unless waived by the department for reasonable cause, a penalty equal to five percent (5%) of the amount of the assessment that was not paid when due. Any subsequent payments shall be credited first to unpaid assessment amounts rather than to penalty or interest amounts, beginning with the most delinquent installment.

(2) In addition to the penalty identified in subsection (1) of this section, the department may seek any of the following remedies for failure of any nursing facility to pay its assessment when due:

(a) Withhold any medical assistance reimbursement payments until such time as the assessment amount is paid in full;

(b) Suspend or revoke the nursing facility license; or

(c) Develop a plan that requires the nursing facility to pay any delinquent assessment in installments.

History:

[56-1509, added 2009, ch. 221, sec. 1, p. 689.]
Idaho Code § 56-1105 — Idaho Code / Title 56 / Chapter 11 / Section 56-1105
56-1105 REQUIRED ACCOUNT FEATURES — MATCHING MONEYS.
Status: in_force

56-1105. Required account features — Matching moneys. (1) The fiduciary organization shall structure the accounts to have the following features:

(a) The fiduciary organization matches amounts deposited by the account holder according to a formula established by the fiduciary organization. The fiduciary organization shall deposit not less than one dollar ($1.00) nor more than five dollars ($5.00) into the account for each one dollar ($1.00) deposited by the account holder.

(b) The matching deposits by the fiduciary organization to the individual development account are placed in a savings account that is controlled by the fiduciary organization and held separately from the savings account of the account holder.

(2) Deposits by a fiduciary organization to an account shall not exceed three thousand dollars ($3,000) in any twelve (12) month period.

(3) The total amount paid into an individual development account during its existence, including amounts from deposits, matching deposits and interest or investment earnings, may not exceed twenty thousand dollars ($20,000).

(4) Nothing in this chapter shall be construed to create an entitlement to matching moneys. The number of individuals who may receive disbursement of matching philanthropic moneys by sponsoring organizations pursuant to the provisions of this chapter shall necessarily be limited by the amount of philanthropic moneys available in any given year for such purpose.

History:

[56-1105, added 2002, ch. 149, sec. 1, p. 438.]
Idaho Code § 56-707 — Idaho Code / Title 56 / Chapter 7 / Section 56-707
56-707 RIGHT TO BE EMPLOYED IN EMPLOYMENT SUPPORTED IN WHOLE OR IN PART BY PUBLIC FUNDS — RESTRICTION — USE OF SICK LEAVE.
Status: in_force

56-707. Right to be employed in employment supported in whole or in part by public funds — Restriction — Use of sick leave. (1) Individuals with disabilities shall be employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as individuals without disabilities, unless it is shown that the particular disability prevents the performance of the work involved.

(2) Persons employed as provided in subsection (1) of this section may use accrued sick leave for the purpose of obtaining service dogs and necessary training.

History:

[56-707, added 1969, ch. 69, sec. 7, p. 212; am. 1984, ch. 147, sec. 11, p. 345; am. 2010, ch. 235, sec. 52, p. 589; am. 2019, ch. 213, sec. 18, p. 651.]
Idaho Code § 56-2502 — Idaho Code / Title 56 / Chapter 25 / Section 56-2502
56-2502 RURAL HEALTH TRANSFORMATION COMMITTEE.
Status: in_force

56-2502. Rural health transformation committee. (1) There is hereby created the rural health transformation committee, hereafter referred to as the committee. The committee shall consist of nine (9) members to be appointed as follows: four (4) members of the senate shall be appointed by the president pro tempore of the senate, one (1) of whom shall be cochair of the committee; four (4) members of the house of representatives shall be appointed by the speaker of the house of representatives, one (1) of whom shall be cochair of the committee; and one (1) nonvoting member shall be selected by the governor. The term of a legislative member of the committee shall coincide with the term of election to the legislature. A vacancy during the term of a member of the committee shall be filled by the appointing authority of that member, and members may be reappointed to a subsequent term.

(2) The committee shall have the following powers and duties:

(a) To establish rules for governance and operation of committee proceedings;

(b) To establish any additional requirements for funding subawards, which shall include application scoring rubrics, for the first award year and by September 30 for the four (4) remaining award years;

(c) To establish an expedited award review process with the department of health and welfare for funding subawards. The award review process shall align with federally approved timelines as outlined in Idaho's rural health transformation plan;

(d) To receive no less than quarterly updates on progress toward funded projects, expenditures, and outcomes from the department of health and welfare;

(e) To evaluate the potential and actual success of programs funded with moneys from the Idaho rural health transformation fund;

(f) To retain oversight of moneys in the Idaho rural health transformation fund;

(g) To require a sustainability plan for any initiative funded by Idaho rural health transformation moneys; and

(h) To make any recommendations to the legislature on the use of funds, as long as recommendations are within the parameters of the federally approved Idaho plan.

(3) The committee shall remain active until all moneys in the Idaho rural transformation fund have been appropriated and expended.

(4) The committee shall have access to all data regarding rural health transformation program awards received or created by the department of health and welfare, including but not limited to scoring data, rubrics, and reporting information. Such data shall be readily accessible through a secure portal, website, shared drive, or other method providing instantaneous or real-time access.

History:

[56-2502, added 2026, ch. 313, sec. 1, p. 1258.]
Idaho Code § 56-704B — Idaho Code / Title 56 / Chapter 7 / Section 56-704B
56-704B RIGHTS OF INDIVIDUALS WITH DOGS-IN-TRAINING — LIABILITY.
Status: in_force

56-704B. Rights of individuals with dogs-in-training — Liability. (1) Every individual with a disability who is specifically training or socializing a dog for the purpose of being a service dog shall have the right to be accompanied by the dog in any of the places described in section 56-703, Idaho Code, without being required to pay an extra charge for the dog if the accompaniment is part of the dog's training or socialization to become a service dog.

(2) Every individual who is not an individual with a disability but who is specifically training or socializing a dog for the purpose of being a service dog shall have the privilege to be accompanied by the dog in any of the places described in section 56-703, Idaho Code, without being required to pay an extra charge for the dog if the accompaniment is part of the dog's training or socialization to become a service dog. The individual accompanying the dog-in-training shall carry and upon request display an identification card issued by a recognized school for service dogs or training dogs or an organization that serves individuals with disabilities. The dog-in-training shall be visually identified as a dog-in-training as provided in section 56-701A, Idaho Code. The school or organization as identified on the identification card shall be fully liable for any damages done to the premises or facilities by the dog, and no liability to other persons shall be attached to the owner, lessor, or manager of the property arising out of activities permitted by this chapter.

History:

[(56-704B) 56-704A, added 1983, ch. 75, sec. 2, p. 162; am. 1992, ch. 58, sec. 6, p. 170; am. 1994, ch. 159, sec. 3, p. 361; am. 1997, ch. 267, sec. 10, p. 768; am. and redesig. 2019, ch. 213, sec. 15, p. 650.]
Idaho Code § 56-209g — Idaho Code / Title 56 / Chapter 2 / Section 56-209g
56-209g PHARMACY REIMBURSEMENT.
Status: in_force

56-209g. Pharmacy reimbursement. (1) Medicaid pharmacy reimbursement levels are a combination of the cost of the drug and a dispensing fee which includes such pharmaceutical care services as counseling, obtaining a patient history, documentation and dispensing. Pharmacy reimbursement levels may be adjusted in accordance with rules promulgated by the director through negotiated rulemaking with interested parties including representatives of the pharmacy profession.

(2) The department will pay the lesser of the provider's lowest charge to the general public for a drug or the estimated acquisition cost (EAC) plus a dispensing fee.

(a) The EAC is defined by the department as the average acquisition cost (AAC) of the drug, or when no AAC is available, reimbursement will be wholesale acquisition cost (WAC). WAC shall mean the price, paid by a wholesaler for the drugs purchased from the wholesaler's supplier, typically the manufacturer of the drug as published by a recognized compendia of drug pricing on the last day of the calendar quarter that corresponds to the calendar quarter.

(b) The department shall establish pharmacy dispensing fee payments based on the results of surveys of pharmacies and dispensing rates paid to other payers. The dispensing fee structure will be tiered, with the tiers based on the annual medicaid claims volume of the enrolled Idaho retail pharmacy. All other pharmacy dispensing fees will be the lowest dispensing fee for the tiered structure.

(3) The AAC will be established by the department by state or national surveys to the pharmacy for the product. When surveys are requested by the department to pharmacies participating in the Idaho medicaid program, they are required to participate in these periodic state cost surveys by disclosing the costs of all drugs net of any special discounts or allowances. Participating pharmacies that refuse to respond to the periodic state surveys will be disenrolled as a medicaid provider.

History:

[56-209g, added 1995, ch. 228, sec. 1, p. 780; am. 1998, ch. 187, sec. 1, p. 682; am. 2010, ch. 296, sec. 5, p. 805; am. 2011, ch. 164, sec. 8, p. 467.]
Idaho Code § 56-1505 — Idaho Code / Title 56 / Chapter 15 / Section 56-1505
56-1505 NURSING FACILITY ASSESSMENTS.
Status: in_force

56-1505. nursing facility assessments. (1) Nursing facilities shall pay the nursing facility assessment to the fund in accordance with the provisions of this chapter, with the exception of state and county-owned facilities, which are not required to contribute.

(2) The aggregated amount of assessments for all nursing facilities, during a fiscal year, shall be an amount not exceeding the maximum percentage allowed under federal law of the total aggregate net patient service revenue of assessed facilities from each provider's prior fiscal year. The department shall determine the assessment rate prospectively for the applicable fiscal year on a per-resident-day basis, exclusive of medicare part A resident days. The per-resident-day assessment rate shall be uniform. The department shall notify nursing facilities of the assessment rate applicable to the fiscal year by August 30 of that fiscal year.

(3) The department shall collect, and each nursing facility shall pay, the nursing facility assessment on an annual basis subject to the terms of this subsection. The nursing facility assessment shall be due annually, with the initial payment due within sixty (60) days after the state plan has been approved by CMS. Subsequent annual payments are due no later than thirty (30) days after receipt of the department invoice.

(4) Nursing facilities may increase their charges to other payers to incorporate the assessment but shall not create a separate line-item charge on the bill reflecting the assessment.

History:

[56-1505, added 2011, ch. 164, sec. 23, p. 478; am. 2020, ch. 35, sec. 3, p. 71; am. 2025, ch. 82, sec. 71, p. 374.]
Idaho Code § 56-227C — Idaho Code / Title 56 / Chapter 2 / Section 56-227C
56-227C SUBPOENA POWER.
Status: in_force

56-227C. Subpoena power. (1) The director of the Idaho department of health and welfare or his authorized representative, the director of the Idaho state police or his authorized representative, or the attorney general or his authorized representative, for the purposes contemplated by this act, have power to issue subpoenas, compel the attendance of witnesses, administer oaths, certify to official acts, take depositions within and without the state of Idaho, as now provided by law, compel the production of pertinent books, payrolls, accounts, papers, records, documents and testimony. If a person in attendance before such director or his authorized representative refuses, without reasonable cause, to be examined or to answer a legal and pertinent question, or to produce a book or paper or other evidence when ordered so to do by the director or his authorized representative, said director or his authorized representative may apply to the judge of the district court of the county where such person is in attendance, upon affidavit for an order returnable in not less than two (2) or more than five (5) days, directing such person to show cause before such judge, or any other judge of such district, why he should not be punished for contempt; upon the hearing of such order, if the judge shall determine that such person has refused, without reasonable cause or legal excuse, to be examined or to answer a legal or pertinent question, or to produce a book or paper which he was ordered to bring or produce, he may forthwith punish the offender as for contempt of court.

(a) If any person asks to be excused from attending or testifying or from producing any books, payrolls, accounts, papers, records, documents or other evidence in connection with any investigation or inquiry or upon any hearing before any officer so authorized pursuant to this subsection (1), or in any proceeding or action before any court upon a charge or violation of this subsection (1), on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to penalty or forfeiture, and if such person, notwithstanding such request, is directed to give such testimony or produce such evidence, the person must, if so directed by the director or his authorized representative, comply with such direction.

(b) After complying, and if, but for this subsection (1), the person would have been privileged to withhold the answer given or the evidence produced by him, then the answer, the evidence and any information directly or indirectly derived from the answer or evidence, may not be used against the compelled person in any manner in a criminal case, except that the person may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt committed in answering or failing to answer or in producing or failing to produce evidence in accordance with the order. Such evidence may be used in the refusal, suspension or revocation of any license, permission or authority conferred, or to be conferred, pursuant to Idaho Code.

(2) The attorney general or any prosecuting attorney or the designated agent of either shall have the authority to issue subpoenas to an enrolled or formerly enrolled provider of services pursuant to the medicaid program to compel production of any books, payrolls, accounts, papers, records or documents that are required to be maintained under the medicaid provider agreement executed by such provider or formerly enrolled provider as may be relevant to an investigation of fraud or other crime directly related to the use of medicaid program funds or services provided through the medicaid program that are not already in the possession of the director of the department of health and welfare or his designated agent. The attorney general or any prosecuting attorney or the designated agent of either may also compel testimony by the custodian of the items subpoenaed concerning the production and authenticity of those items. A subpoena under this subsection (2) shall describe the items required to be produced with particularity and prescribe a return date of a reasonable period of time within which the items can be assembled and made available to the attorney general or any prosecuting attorney or the designated agent of either.

(3) Subpoenas issued pursuant to this section shall be served and witness fees and mileage paid as allowed in civil cases in the district courts of this state.

(4) Investigators employed by the attorney general for the investigation and prosecution of providers of services pursuant to the medicaid program shall have all the authority given by statute to peace officers of the state of Idaho, including, but not limited to, authority to obtain, serve and execute warrants of arrest and warrants of search and seizure.

History:

[56-227C, added 1978, ch. 153, sec. 1, p. 336; am. 2000, ch. 469, sec. 128, p. 1587; am. 2007, ch. 341, sec. 7, p. 1009; am. 2024, ch. 228, sec. 3, p. 806.]
Idaho Code § 56-1004 — Idaho Code / Title 56 / Chapter 10 / Section 56-1004
56-1004 DIRECTOR — ADDITIONAL POWERS AND DUTIES.
Status: in_force

56-1004. Director — Additional powers and duties. (1) The director shall exercise the following powers and duties in addition to all other powers and duties inherent in the position:

(a) Prescribe such rules as may be necessary for the administration of the department, the conduct and duties of the employees, the orderly and efficient management of department business, and the custody, use and preservation of department records, papers, books and property belonging to the state;

(b) Employ such personnel as may be deemed necessary, prescribe their duties and fix their compensation within the limits provided by the state personnel system law;

(c) Administer oaths for all purposes required in the discharge of his duties;

(d) Prescribe the qualifications of all personnel of the department on a nonpartisan merit basis, in accordance with the Idaho personnel system law, provided however, that the administrators in charge of any division of the department, and the administrators in charge of the state hospital north, state hospital south, state hospital west, and southwest Idaho treatment center shall serve at the pleasure of the director;

(e) Create such units, sections and subdivisions as are or may be necessary for the proper and efficient functioning of the department.

(2) The department is empowered to acquire, by purchase, lease or exchange, any property which in the judgment of the department is needful for the operation of the facilities and programs for which it is responsible and to dispose of, by sale, lease or exchange, any property which in the judgment of the department is not needful for the operation of the same.

History:

[56-1004, added 2000, ch. 132, sec. 38, p. 349; am. 2009, ch. 15, sec. 1, p. 41; am. 2011, ch. 102, sec. 4, p. 262; am. 2022, ch. 60, sec. 5, p. 188.]
Idaho Code § 56-1602 — Idaho Code / Title 56 / Chapter 16 / Section 56-1602
56-1602 DEFINITIONS.
Status: in_force

56-1602. definitions. As used in this chapter:

(1) "CMS" means the centers for medicare and medicaid services.

(2) "Department" means the Idaho department of health and welfare.

(3) "Fiscal year" means the time period from July 1 to June 30.

(4) "Fund" means the ICF assessment fund established pursuant to section 56-1603, Idaho Code.

(5) "ICF" means an intermediate care facility as defined in section 39-1301, Idaho Code, and licensed pursuant to chapter 13, title 39, Idaho Code.

(6) "Net patient service revenue" means gross revenues from services provided to ICF patients, less reductions from gross revenue resulting from an inability to collect payment of charges. Patient service revenue excludes nonpatient care revenues such as beauty and barber, vending income, interest and contributions, revenues from sale of meals and all outpatient revenues. Reductions from gross revenue includes: bad debts; contractual adjustments; uncompensated care; administrative, courtesy and policy discounts and adjustments; and other such revenue deductions.

(7) "Resident day" means a calendar day of care provided to an ICF resident, including the day of admission and excluding the day of discharge, provided that one (1) resident day shall be deemed to exist when admission and discharge occur on the same day.

(8) "Upper payment limit" means the limitation established in 42 CFR section 447.272, that disallows federal matching funds when state medicaid agencies pay certain classes of facilities an aggregate amount for services that exceed the amount that is paid for the same services furnished by that class of facilities under medicare payment principles.

History:

[56-1602, added 2011, ch. 164, sec. 24, p. 479; am. 2025, ch. 122, sec. 39, p. 647; am. 2026, ch. 251, sec. 25, p. 1080.]
Idaho Code § 56-603 — Idaho Code / Title 56 / Chapter 6 / Section 56-603
56-603 REQUIREMENTS FOR PARTICIPANTS — SUMMER CAMP.
Status: in_force

56-603. Requirements for participants — Summer camp. (a) Participants in the Idaho youth conservation project shall be citizens of the United States and the state of Idaho, of good character and health who are not less than fourteen (14) years nor more than seventeen (17) years of age.

(b) In order to participate in the project an individual must agree to comply with the rules and regulations as set up by the park board for the government of those taking part in the project.

(c) Participation shall be for the duration of one (1) summer camp as set by the park and recreation board.

History:

[56-603, added 1963, ch. 126, sec. 3, p. 370; am. 1970, ch. 178, sec. 2, p. 522; am. 1974, ch. 8, sec. 20, p. 35; am. 1991, ch. 330, sec. 1, p. 854.]
Idaho Code § 56-804 — Idaho Code / Title 56 / Chapter 8 / Section 56-804
56-804 DISSEMINATION OF INFORMATION TO FAMILIES.
Status: in_force

56-804. Dissemination of information to families. The department shall disseminate information to prospective adoptive families and families who wish to be appointed legal guardians of a child in the state's custody, as to the availability of hard-to-place children, adoption and guardianship procedures, and of the existence of financial aid to adoptive families and guardians of hard-to-place children.

History:

[56-804, added 1974, ch. 61, sec. 4, p. 1139; am. 2001, ch. 92, sec. 2, p. 231.]
Idaho Code § 56-1409 — Idaho Code / Title 56 / Chapter 14 / Section 56-1409
56-1409 MULTIHOSPITAL LOCATIONS, HOSPITAL CLOSURE AND NEW HOSPITALS.
Status: in_force

56-1409. Multihospital locations, hospital closure and new hospitals. (1) If a hospital conducts, operates or maintains more than one (1) hospital licensed by the department, the hospital shall pay the assessment for each hospital separately.

(2) A hospital, subject to assessments under this chapter, that ceases to conduct hospital operations or maintain its state license or did not conduct hospital operations throughout a calendar or fiscal year, shall have its required assessment adjusted by multiplying the assessment computed under section 56-1404, Idaho Code, by a fraction, the numerator of which is the number of days in the year during which the hospital conducts hospital business, operates a hospital and maintains licensure, and the denominator of which is three hundred sixty-five (365). The hospital shall pay the required assessment computed under section 56-1404, Idaho Code, on the date and in pro rata installments as required by the department for that portion of the state fiscal year during which the hospital operated and maintained state licensure, to the extent not previously paid.

(3) A hospital, subject to assessments under this chapter, that has not been previously licensed as a hospital by the department and that commences hospital operations during a fiscal year, shall pay the required assessment computed under section 56-1404, Idaho Code, and shall be eligible for payment adjustments under section 56-1406, Idaho Code, only after two (2) complete state fiscal years have elapsed and two (2) full fiscal year medicare cost reports are filed with the center for medicare and medicaid services (CMS) after the commencement of operations and on the date as required by the department beginning on the first day of the next state fiscal year.

History:

[56-1409, added 2008, ch. 91, sec. 1, p. 256.]
Idaho Code § 56-1044 — Idaho Code / Title 56 / Chapter 10 / Section 56-1044
56-1044 RADIATION MACHINES USED TO PERFORM MAMMOGRAPHY.
Status: in_force

56-1044. Radiation machines used to perform mammography. (1) No person shall use a radiation machine to perform mammography unless the radiation machine is registered with the department of health and welfare under department rules for registration of radiation machines and is specifically authorized under this section for use for mammography.

(2) The department shall authorize a radiation machine for use for mammography if the radiation machine meets the current criteria of the American college of radiology mammography accreditation program, published by the American college of radiology, or meets an equivalent standard adopted by the department. The department shall make copies of those criteria available to the public.

(3) The department may withdraw the mammography authorization for a radiation machine if it does not meet the standards set forth in subsection (2) of this section.

(4) The department shall provide an opportunity for a hearing in connection with a denial or withdrawal of mammography authorization.

(5) Upon a finding that a deficiency in a radiation machine used for mammography or a violation of the rules promulgated under this section seriously affects the health, safety, and welfare of individuals upon whom the radiation machine is used for mammography, the department may issue an emergency order summarily withdrawing the mammography authorization of the radiation machine. The department shall incorporate its findings in the order and shall provide an opportunity for a hearing within five (5) working days after issuance of the order. The order shall be effective during the proceedings.

(6) If the department withdraws the mammography authorization of a radiation machine, the radiation machine shall not be used for mammography until reauthorized by the department.

(7) If a person violates the provisions of subsection (1) of this section, the department shall post a conspicuous notice on the unauthorized radiation machine and at the entry to the facility where the radiation machine is located warning the public that the facility is performing mammography using a radiation machine that is a substantial hazard to the public health.

History:

[(56-1044) 39-3030, added 1991, ch. 172, sec. 1, p. 419; am. and redesig. 2001, ch. 110, sec. 36, p. 389.]
Idaho Code § 56-134 — Idaho Code / Title 56 / Chapter 1 / Section 56-134
56-134 DENIAL, SUSPENSION, REVOCATION OF LICENSE OR PROVISIONAL LICENSE — PENALTY.
Status: in_force

PART D

MISCELLANEOUS

56-134. Denial, suspension, revocation of license or provisional license — Penalty. The director is authorized to deny, suspend, or revoke a license or provisional license or, in lieu thereof or in addition thereto, assess monetary penalties of a civil nature not to exceed one thousand dollars ($1,000) per violation in any case in which it finds that the facility, or any partner, officer, director, owner of five per cent (5%) or more of the assets of the facility, or managing employee:

(1) Failed or refused to comply with the requirements of this chapter, or the rules and regulations established hereunder; or

(2) Has knowingly or with reason to know made a false statement of a material fact in any record required by this chapter; or

(3) Refused to allow representatives or agents of the director to inspect all books, records, and files required to be maintained by the provisions of this chapter, or to inspect any portion of the facility's premises; or

(4) Wilfully prevented, interferred with, or attempted to impede in any way the work of any duly authorized representative of the director and the lawful enforcement of any provision of this chapter; or

(5) Wilfully prevented or interferred with any representative of the director in the preservation of evidence of any violation of any of the provisions of this chapter, or the rules and regulations promulgated hereunder.

History:

[56-134, added 1981, ch. 159, sec. 1, p. 280.]
Idaho Code § 56-1802 — Idaho Code / Title 56 / Chapter 18 / Section 56-1802
56-1802 PROGRAM ESTABLISHED.
Status: in_force

56-1802. PROGRAM ESTABLISHED. (1) There is hereby established in the department an extended employment services program for the purpose of increasing employment opportunities for program participants. The program shall be administered by the department. Extended employment services offered under this program are separate and apart from any federal program but may be collaborative with and supportive of federal programs.

(2) Program services shall be:

(a) Provided when eligible individuals do not have access to comparable services or when they have fully utilized comparable services for which they are eligible; and

(b) Separate and apart from any delivered vocational rehabilitation services as defined in 29 U.S.C. 705(40) provided by the Idaho division of vocational rehabilitation.

(3) The department will determine the process for identifying comparable services.

History:

[(56-1802) 56-1702, added 2022, ch. 200, sec. 2, p. 652; am. and redesig. 2023, ch. 218, sec. 21, p. 645.]