Idaho Code § 56-254 — Idaho Code / Title 56 / Chapter 2 / Section 56-254
56-254 ELIGIBILITY FOR MEDICAL ASSISTANCE.
Status: in_force

56-254. Eligibility for medical assistance. The department shall make payments for medical assistance to, or on behalf of, the following persons eligible for medical assistance.

(1) The benchmark plan for low-income children and working-age adults with no special health needs includes the following persons:

(a) Children in families whose family income does not exceed one hundred eighty-five percent (185%) of the federal poverty guideline and who meet age-related and other eligibility standards in accordance with department rule;

(b) Pregnant women of any age whose family income does not exceed one hundred thirty-three percent (133%) of the federal poverty guideline and who meet other eligibility standards in accordance with department rule, or who meet the presumptive eligibility guidelines in accordance with section 1920 of the social security act;

(c) Infants born to medicaid-eligible pregnant women. Medicaid eligibility must be offered throughout the first year of life as long as the infant remains in the mother's household and she remains eligible, or would be eligible if she were still pregnant;

(d) Adults in families with dependent children, as described in section 1931 of the social security act, who meet the requirements in the state's assistance to families with dependent children (AFDC) plan in effect on July 16, 1996;

(e) Families who are provided six (6) to twelve (12) months of medicaid coverage following loss of eligibility under section 1931 of the social security act due to earnings, or four (4) months of medicaid coverage following loss of eligibility under section 1931 of the social security act due to an increase in child or spousal support; and

(f) All other mandatory groups as defined in title XIX of the social security act, if not listed separately in subsection (2) or (3) of this section.

(2) The benchmark plan for persons with disabilities or special health needs includes the following persons:

(a) Persons under age sixty-five (65) years eligible in accordance with title XVI of the social security act, as well as persons eligible for aid to the aged, blind and disabled (AABD) under titles I, X and XIV of the social security act;

(b) Persons under age sixty-five (65) years who are in need of the services of a licensed nursing facility, a licensed intermediate care facility for the developmentally disabled, a state mental hospital, or home-based and community-based care whose income does not exceed three hundred percent (300%) of the social security income (SSI) standard and who meet the asset standards and other eligibility standards in accordance with federal law and regulation, Idaho law and department rule;

(c) Certain disabled children described in 42 CFR 435.225 who meet resource limits for aid to the aged, blind and disabled (AABD) and income limits for social security income (SSI) and other eligibility standards in accordance with department rule;

(d) Persons under age sixty-five (65) years who are eligible for services under both titles XVIII and XIX of the social security act;

(e) Children who are eligible under title IV-E of the social security act for subsidized board payments, foster care or adoption subsidies, and children for whom the state has assumed temporary or permanent responsibility and who do not qualify for title IV-E assistance but are in foster care, shelter or emergency shelter care, or subsidized adoption and who meet eligibility standards in accordance with department rule;

(f) Eligible women under age sixty-five (65) years with incomes at or below two hundred percent (200%) of the federal poverty level, for cancer treatment pursuant to the federal breast and cervical cancer prevention and treatment act of 2000;

(g) Low-income children and working-age adults under age sixty-five (65) years who qualify under subsection (1) of this section and who require the services for persons with disabilities or special health needs listed in section 56-255(3), Idaho Code;

(h) Persons over age sixty-five (65) years who choose to enroll in this state plan; and

(i) Effective January 1, 2018, children under age eighteen (18) years with serious emotional disturbance, as defined in section 16-2403, Idaho Code, in families whose income does not exceed three hundred percent (300%) of the federal poverty guideline and who meet other eligibility standards in accordance with department rule.

(3) The benchmark plan for persons over twenty-one (21) years of age who have medicare and medicaid coverage includes the following persons:

(a) Persons eligible in accordance with title XVI of the social security act, as well as persons eligible for aid to the aged, blind and disabled (AABD) under titles I, X and XIV of the social security act;

(b) Persons who are in need of the services of a licensed nursing facility, a licensed intermediate care facility for the developmentally disabled, a state mental hospital, or home-based and community-based care whose income does not exceed three hundred percent (300%) of the social security income (SSI) standard and who meet the assets standards and other eligibility standards in accordance with federal and state law and department rule;

(c) Persons who are eligible for services under both titles XVIII and XIX of the social security act who have enrolled in the medicare program; and

(d) Persons who are eligible for services under both titles XVIII and XIX of the social security act and who elect to enroll in this state plan.

History:

[56-254, added 2006, ch. 278, sec. 1, p. 856; am. 2007, ch. 200, sec. 4, p. 612; am. 2017, ch. 66, sec. 1, p. 155; am. 2021, ch. 22, sec. 7, p. 61.]
Idaho Code § 56-1201 — Idaho Code / Title 56 / Chapter 12 / Section 56-1201
56-1201 IDAHO STATE INDEPENDENT LIVING COUNCIL — LEGISLATIVE INTENT.
Status: in_force

56-1201. Idaho state independent living council — Legislative intent. The Idaho state independent living council, as hereby created and as provided for in this chapter, is not a single department of state government unto itself, nor is it a part of any of the twenty (20) departments of state government authorized by section 20, article IV, of the constitution of the state of Idaho, or of the departments prescribed in section 67-2402, Idaho Code.

It is legislative intent that the Idaho state independent living council operate and be recognized not as a state agency or department, but as a governmental entity whose creation has been authorized by the state, much in the same manner as other single purpose districts. Pursuant to this intent, and because the Idaho state independent living council is not a state department or agency, the Idaho state independent living council is exempt from the required participation in the services of the purchasing agent or employee liability coverage, as rendered by the department of administration. However, nothing shall prohibit the Idaho state independent living council from entering into contractual arrangements with the department of administration, or any other department of state government or an elected constitutional officer, for these or any other services.

It is legislative intent to require compliance with the state merit system, and to affirm the participation of the Idaho state independent living council in the public employee retirement system, chapter 13, title 59, Idaho Code, and the personnel system, chapter 53, title 67, Idaho Code.

It is also legislative intent that the matters of location of deposit of Idaho state independent living council funds, or the instruments or documents of payment from those funds shall be construed as no more than items of convenience for the conduct of business, and in no way reflect upon the nature or status of the Idaho state independent living council as an entity of government.

This section merely affirms that the Idaho state independent living council created under this chapter is not a state agency and in no way changes the character of it as it existed prior to this chapter. The functions previously performed by the state independent living council created by executive order no. 2002-05, are hereby transferred to the Idaho state independent living council pursuant to this chapter.

History:

[56-1201, added 2004, ch. 327, sec. 1, p. 978.]
Idaho Code § 56-704A — Idaho Code / Title 56 / Chapter 7 / Section 56-704A
56-704A RIGHTS OF INDIVIDUALS WITH SERVICE DOGS.
Status: in_force

56-704A. rights of individuals with service dogs. (1) General. A place of public accommodation shall modify its policies, practices, or procedures to permit the use of a service dog by an individual with a disability or an authorized handler.

(2) Exceptions. A place of public accommodation may ask an individual with a disability to remove a service dog from the premises if:

(a) The service dog is out of control and the service dog's handler does not take effective action to control it; or

(b) The service dog is not housebroken.

(3) If a service dog is excluded from a place of public accommodation pursuant to subsection (2) of this section, then the place of public accommodation shall give the individual with a disability the opportunity to participate in the service, program, or activity being offered without having the service dog on the premises.

(4) A service dog shall be under the control of its handler. A service dog shall have a harness, leash, or other tether, unless the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service dog's safe, effective performance of work or a task, in which case the service dog must otherwise be under the handler's control through voice control or other effective means.

(5) Inquiries. A place of public accommodation shall not ask about the nature or extent of a person's disability but may make two (2) inquiries to determine whether an animal qualifies as a service dog. A place of public accommodation may ask: if the service dog is required because of a disability; and what work or task the service dog has been trained to perform. A place of public accommodation shall not require documentation, such as proof that the service dog has been certified, trained, or licensed as a service dog. A place of public accommodation may not make inquiries about a service dog when it is readily apparent that the service dog is trained to do work or perform tasks for an individual with a disability, such as: the dog is observed guiding an individual who is blind or has low vision, pulling an individual's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability.

(6) Access. Individuals with disabilities shall be permitted to be accompanied by their service dog in all areas of a place of public accommodation including, but not limited to, a common carrier, hotel, lodging house, or place where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go.

(7) Surcharges. A place of public accommodation, including, but not limited to, a common carrier, hotel, lodging house, or other public place, shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees or to comply with other requirements generally not applicable to people without pets. If a place of public accommodation normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by the individual's service dog.

History:

[56-704A, added 2019, ch. 213, sec. 14, p. 649.]
Idaho Code § 56-2208 — Idaho Code / Title 56 / Chapter 22 / Section 56-2208
56-2208 LEGISLATIVE APPROVAL — CHANGE IN ENCOUNTER RATE DUE TO CHANGE IN SCOPE OF SERVICES.
Status: in_force

56-2208. legislative approval — change in encounter rate due to change in scope of services. (1) The department of health and welfare is authorized to and shall submit the state plan amendments required to carry out the provisions of this section no later than October 1, 2026.

(2)(a) As required by 42 U.S.C. 1396a(bb)(3)(B), the department shall adjust the prospective payment system (PPS) encounter rates of federally qualified health centers (FQHCs) and rural health clinics (RHCs) based on any change in scope of FQHC or RHC services, as defined by 42 U.S.C. 1396d(a)(2)(B) and (C).

(b) A change in scope of services is one that affects the type, intensity, duration, or number of services provided by a FQHC or RHC. A change in the scope of FQHC or RHC services may occur if the FQHC or RHC has added, dropped, or expanded any service that meets the definition of a FQHC or RHC service pursuant to 42 U.S.C. 1396d(a)(2)(B) and (C). A change in the cost of a service is not considered in and of itself a change in the scope of services.

(c) To qualify for a rate adjustment, applications for a rate review must meet a minimum four and one-half percent (4.5%) cumulative/aggregate change in cost per medical or dental visit as measured by comparing the cost per encounter with change in scope of services to the then current PPS rate.

(3) All reasonable efforts shall be made to submit written notification of a planned change in scope to the department sixty (60) days prior to implementation of a change in scope. Notification shall provide a detailed description of the planned change in scope. The department shall not impose penalties related to this section.

(4) Applications for a rate adjustment shall be filed with the department once the change in scope of service has been fully implemented for a period of six (6) consecutive months. Full implementation means costs were incurred and services were provided without interruption for a consecutive six (6) month period. Requests for the determination of a change in scope and a PPS rate review must be received by the last day of the third month following the end of the consecutive six (6) month period after the change in scope. FQHCs and RHCs may submit a maximum of one (1) application for a rate adjustment based on a change in scope of services per fiscal year. Applications for a rate adjustment shall include:

(a) A written narrative describing the specific changes in scope of services and how these changes relate to a change in the FQHC's or RHC's overall scope of services;

(b) A full cost report including all cost and encounter information for the first six (6) consecutive months of operations after the change in scope was implemented; and

(c) Any additional supplemental data requested by the department that is reasonably necessary to support the department's evaluation of the application.

(5)(a) The department shall review and accept, reject, or adjust a request for a rate adjustment within ninety (90) days of receiving an application.

(b) If further documentation or records are requested by the department after receiving a request for rate adjustment, the applicant shall have up to two (2) weeks to respond to the request. The period of days beginning with the request for further documentation or records by the department and ending with the response from the applicant shall not be counted toward the ninety (90) day requirement described in paragraph (a) of this subsection.

(c) After reviewing and accepting, rejecting, or adjusting a request for rate adjustment, the department shall provide a draft calculation for the final rate to the applicant for a change in scope of services. The applicant shall have a review period of sixty (60) days to review and respond to such draft calculation.

(d) The final rate calculation shall be issued within forty-five (45) days after the review period described in paragraph (c) of this subsection.

(e) The department's final PPS encounter rate may be appealed by the applicant within thirty (30) days of the department's final decision.

(f) The final PPS encounter rate shall be effective the first day of the implementation of the change in scope. The department shall reconcile encounter payments for cost differences from the first day of implementation of the new PPS rate to completion date, to include any encounters not reconciled by a contracted managed care entity.

History:

[56-2208, added 2026, ch. 308, sec. 1, p. 1247.]
Idaho Code § 56-212 — Idaho Code / Title 56 / Chapter 2 / Section 56-212
56-212 INVESTIGATION OF APPLICATION.
Status: in_force

56-212. Investigation of application. Whenever the state department shall receive an application for public assistance under this act, it shall promptly make an investigation and record of the circumstances of the applicant in order to ascertain the facts supporting the application and to obtain such other information as it may require.

History:

[56-212, added 1941, ch. 181, sec. 12, p. 379.]
Idaho Code § 56-903 — Idaho Code / Title 56 / Chapter 9 / Section 56-903
56-903 ASSISTANCE ELIGIBILITY.
Status: in_force

56-903. Assistance eligibility. (1) In order to be eligible for the telecommunications service assistance program, an applicant shall be the head of a household and shall meet narrowly targeted eligibility criteria based solely on income or factors directly related to income established by the department of health and welfare. The department of health and welfare shall develop procedures for taking applications for assistance and for determining and certifying program eligibility. Such applications shall contain the disclosure of information authorization necessary to process the assistance discounts. Individuals who qualify for assistance under this chapter must be periodically recertified by the department of health and welfare.

(2) At least once each year the department shall provide an electronic list of names, addresses and, if applicable, telephone numbers of all eligible recipients to each telecommunications carrier designated as an eligible telecommunications carrier by the public utilities commission. The eligible telecommunications carrier shall determine from the list those recipients to whom the company provides service.

History:

[56-903, added 1987, ch. 328, sec. 1, p. 687; am. 1998, ch. 37, sec. 10, p. 163.]
Idaho Code § 56-608 — Idaho Code / Title 56 / Chapter 6 / Section 56-608
56-608 LAWS INAPPLICABLE TO PARTICIPANTS.
Status: in_force

56-608. Laws inapplicable to participants. Existing provisions of law with respect to hours of work, rate of compensation, sick leave, vacation and unemployment compensation shall not be applicable to any individual because of participation in the project.

History:

[56-608, added 1963, ch. 126, sec. 8, p. 370.]
Idaho Code § 56-101 — Idaho Code / Title 56 / Chapter 1 / Section 56-101
56-101 DEFINITIONS.
Status: in_force

56-101. Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter and shall have the following meanings:

(1) "Appraisal" means the method of determining the value of the property as determined by an appraisal conducted by a member of the appraisal institute (MAI), or successor organization. The appraisal must specifically identify the values of land, building, equipment, and goodwill.

(2) "Assets" means economic resources of the contractor, recognized and measured in conformity with generally accepted accounting principles.

(3) "Bed-weighted median" is determined by arraying the average per diem cost per bed of all facilities from high to low and identifying the bed at the point in the array at which half of the beds have equal or higher per diem costs and half have equal or lower per diem costs. The identified bed is the median bed. The per diem cost of the median bed is the bed-weighted median.

(4) "Case mix index" is a numeric score assigned to each facility resident, based on the resident's physical and mental condition, which projects the amount of relative resources needed to provide care to the resident.

(5) "Depreciation" means the systematic distribution of the cost or other basis of tangible assets, less salvage, over the estimated useful life of the assets.

(6) "Direct care costs" consists of the following costs directly assigned to the nursing facility or allocated to the nursing facility through medicare cost finding principles:

(a) Direct nursing salaries which include the salaries of registered nurses, licensed professional nurses, certificated nurse's aides, and unit clerks; and

(b) Routine nursing supplies; and

(c) Nursing administration; and

(d) Direct portion of medicaid related ancillary services; and

(e) Social services; and

(f) Raw food; and

(g) Employee benefits associated with the direct salaries.

(7) "Director" means the director of the department of health and welfare or the director's designee.

(8) "Equity" means the net book value of all tangible and intangible assets less the recorded value of all liabilities, as recognized and measured in conformity with generally accepted accounting principles.

(9) "Facility" means an entity which contracts with the director to provide services to recipients in a structure owned, controlled, or otherwise operated by such entity, and which entity is responsible for operational decisions. In conjunction with the use of the term "facility":

(a) "Freestanding intermediate care" means an intermediate care facility, as defined in and licensed under chapter 13, title 39, Idaho Code, which is not owned, managed, or operated by, nor is otherwise a part of a hospital, as defined in section 39-1301, Idaho Code; and

(b) "Freestanding skilled care" means a nursing facility, as defined in and licensed under chapter 13, title 39, Idaho Code, which is not owned, managed, or operated by, nor is otherwise a part of a hospital, as defined in section 39-1301, Idaho Code; and

(c) "Freestanding special care" means a facility that provides either intermediate care, or skilled care, or intermediate care for people with intellectual disabilities, or any combination of either, which is not owned, managed, or operated by, nor is otherwise a part of a hospital, as defined in section 39-1301, Idaho Code; and

(d) "Hospital-based" means a nursing or intermediate care facility, as defined in and licensed under chapter 13, title 39, Idaho Code, which is owned, managed, or operated by, or is otherwise a part of a hospital, as defined in section 39-1301, Idaho Code.

(10) "Forced sale" is a sale required by a bankruptcy, foreclosure, the provisions of a will or estate settlement pursuant to the death of an owner, physical or mental incapacity of an owner which requires ownership transfer to existing partner or partners, or a sale required by the ruling of a federal agency or by a court order.

(11) "Goodwill" means the amount paid by the purchaser that exceeds the net tangible assets received. The value of goodwill is derived from the economic benefits that a going concern may enjoy, as compared with a new one, from established relations in the related markets, with government departments and other noncommercial bodies and with personal relationships. These intangible assets cannot be separated from the business and sold as can plant and equipment. Under the theory that the excess payment would be made only if expected future earnings justified it, goodwill is often described as the price paid for excess future earnings. The amortization of goodwill is nonallowable, nonreimbursable expense.

(12) "Historical cost" means the actual cost incurred in acquiring and preparing an asset for use, including feasibility studies, architect's fees, and engineering studies.

(13) "Indirect care costs" consists of the following costs either directly coded to the nursing facility or allocated to the nursing facility through the medicare step-down process:

(a) Administrative and general care cost; and

(b) Activities; and

(c) Central services and supplies; and

(d) Laundry and linen; and

(e) Dietary ("non-raw food" costs); and

(f) Plant operation and maintenance (excluding utilities); and

(g) Medical records; and

(h) Employee benefits associated with the indirect salaries; and

(i) Housekeeping; and

(j) Other costs not included in direct care costs or costs exempt from cost limits.

(14) "Interest rate limitation" means that the interest rate allowed for working capital loans and for loans for major movable equipment for intermediate care facilities for people with intellectual disabilities shall be the prime rate as published in the western edition of the Wall Street Journal or successor publication, plus one percent (1%) at the date the loan is made. All interest expense greater than the amount derived by using the limitation above shall be nonreimbursable; provided, however, that this interest rate limitation shall not be imposed against loans or leases which were made prior to July 1, 1984. Said loans or leases shall be subject to the tests of reasonableness, relationship to patient care and necessity.

(15) "Intermediate care facility for people with intellectual disabilities" means an habilitative facility designed and operated to meet the educational, training, habilitative and intermittent medical needs of the developmentally disabled.

(16) "Major movable equipment" means such items as accounting machines, beds, wheelchairs, desks, furniture, vehicles, etc. The general characteristics of this equipment are:

(a) A relatively fixed location in the building;

(b) Capable of being moved, as distinguished from building equipment;

(c) A unit cost sufficient to justify ledger control;

(d) Sufficient size and identity to make control feasible by means of identification tags; and

(e) A minimum life of approximately three (3) years.

(17) "Medicaid" means the 1965 amendments to the social security act (P.L. 89-97), as amended.

(18) "Minor movable equipment" includes such items as wastebaskets, bedpans, syringes, catheters, silverware, mops, buckets, etc. The general characteristics of this equipment are:

(a) In general, no fixed location and subject to use by various departments of the provider's facility;

(b) Comparatively small in size and unit cost;

(c) Subject to inventory control;

(d) Fairly large quantity in use; and

(e) Generally, a useful life of approximately three (3) years or less.

(19) "Net book value" means the historical cost of an asset, less accumulated depreciation.

(20) "Normalized per diem costs" refers to direct care costs that have been adjusted based on the facility's case mix index for purposes of making the per diem costs comparable among facilities. Normalized per diem costs are calculated by dividing the facility's direct care per diem costs by its facility-wide case mix index, and multiplying the result by the statewide average case mix index.

(21) "Nursing facility inflation rate" means the most specific skilled nursing facility inflation rate applicable to Idaho established by data resources, inc., or its successor. If a state or regional index has not been implemented, the national index shall be used.

(22) "Patient-day" means a calendar day of care which will include the day of admission and exclude the day of discharge unless discharge occurs after 3:00 p.m. or it is the date of death, except that, when admission and discharge occur on the same day, one (1) day of care shall be deemed to exist.

(23) "Property costs" means the total of allowable interest expense, plus depreciation, property insurance, real estate taxes, amortization, and allowable lease/rental expense. The department may require and utilize an appraisal to establish those components of property costs which are identified as an integral part of an appraisal.

(24) "Raw food" means food used to meet the nutritional needs of the residents of a facility, including liquid dietary supplements, liquid thickeners, and tube feeding solutions.

(25) "Reasonable property insurance" means that the consideration given is an amount that would ordinarily be paid by a cost-conscious buyer for comparable insurance in an arm's length transaction. Property insurance per licensed bed in excess of two (2) standard deviations above the mean of the most recently reported property insurance costs per licensed bed of all facilities in the reimbursement class as of the end of a facility's fiscal year shall not be considered reasonable.

(26) "Recipient" means an individual determined eligible by the director for the services provided in the state plan for medicaid.

(27) "Rural hospital-based nursing facilities" are those hospital-based nursing facilities not located within a metropolitan statistical area (MSA) as defined by the United States bureau of the census.

(28) "Urban hospital-based nursing facilities" are those hospital-based nursing facilities located within a metropolitan statistical area (MSA) as defined by the United States bureau of the census.

(29) "Utilities" means all expenses for heat, electricity, water and sewer.

History:

[56-101, added 1981, ch. 159, sec. 1, p. 271; am. 1984, ch. 118, sec. 1, p. 264; am. 1985, ch. 128, sec. 1, p. 312; am. 1986, ch. 87, sec. 1, p. 251; am. 1988, ch. 155, sec. 1, p. 279; am. 1999, ch. 82, sec. 1, p. 265; am. 2000, ch. 274, sec. 146, p. 878.; am. 2010, ch. 235, sec. 41, p. 576; am. 2025, ch. 122, sec. 37, p. 644.]
Idaho Code § 56-1043 — Idaho Code / Title 56 / Chapter 10 / Section 56-1043
56-1043 RULES — LICENSING REQUIREMENTS AND PROCEDURE — REGISTRATION OF X-RAY PRODUCING MACHINES — EXEMPTIONS FROM REGISTRATION OR LICENSING.
Status: in_force

56-1043. Rules — Licensing requirements and procedure — Registration of x-ray producing machines — Exemptions from registration or licensing. (1) The board of health and welfare shall provide, by rule, for general or specific licensing of x-ray producing machines. Such rule shall provide for amendment, suspension or revocation of licenses. Such rule shall provide that:

(a) Each application for a specific license shall be in writing and shall state such information as the board, by rule, may determine to be necessary to decide the technical, insurance and financial qualifications, or any other qualification of the applicant as the department may deem reasonable and necessary to protect the occupational and public health and safety. The department may at any time after the filing of the application, and before the expiration of the license, require further written statements and shall make such inspections as the department deems necessary in order to determine whether the license should be granted or denied or whether the license should be modified, suspended or revoked. In no event shall the department grant a specific license to any applicant who has never possessed a specific license issued by a recognized state or federal authority until the department has conducted an inspection or review which insures that the applicant can meet the rules and standards adopted pursuant to sections 56-1041 through 56-1053, Idaho Code. All applications and statements shall be signed by the applicant or licensee. The department may require any applications or statements to be made under oath or affirmation;

(b) Each license shall be in such form and contain such terms and conditions as the board may by rule prescribe;

(c) No license issued under the authority of sections 56-1041 through 56-1053, Idaho Code, and no right to process or utilize x-ray producing machines granted by any license shall be assigned or in any manner disposed of; and

(d) The terms and conditions of all licenses shall be subject to amendment, revision or modification by rules or orders issued in accordance with the provisions of sections 56-1041 through 56-1053, Idaho Code.

(2) The board of health and welfare may require licensing of those persons installing or repairing x-ray producing machines which the board has determined to present a potential hazard to the occupational and public health and safety. Such licensing requirements shall provide that:

(a) Each application for a license shall be in writing and shall state such information as the board, by rule, may determine to be necessary to decide the technical, insurance and financial qualifications, or any other qualification of the applicant as the department may deem reasonable and necessary. The department may at any time after the filing of the application, and before the expiration of the license, require further written statements and shall make such inspections as the department deems necessary in order to determine whether the license should be granted or denied or whether the license should be modified, suspended or revoked. All applications and statements shall be signed by the applicant or licensee. The department may require any applications or statements to be made under oath or affirmation;

(b) Each license shall be in such form and contain such terms and conditions as the board of health and welfare may by rule prescribe;

(c) No license issued under the authority of sections 56-1041 through 56-1053, Idaho Code, and no right to possess or utilize x-ray producing machines granted by any license shall be assigned or in any manner disposed of; and

(d) The terms and conditions of all licenses shall be subject to amendment, revision or modification by rules or orders issued in accordance with the provisions of sections 56-1041 through 56-1053, Idaho Code.

(3) The board of health and welfare may require registration of all x-ray producing machines which the department has determined to present a potential hazard to the occupational and public health and safety.

(4) The board of health and welfare may exempt certain x-ray producing machines or kinds of uses or users from the registration or licensing requirements set forth in this section when the department makes a finding that the exemption of such x-ray producing machines or kinds of uses or users will not constitute a significant risk to the health and safety of the public.

(5) In promulgating rules pursuant to sections 56-1041 through 56-1053, Idaho Code, the board of health and welfare shall, insofar as practical, strive to avoid requiring dual licensing, and shall provide for such recognition of other state or federal licenses as the department shall deem desirable, subject to such registration requirements as the board of health and welfare may prescribe.

History:

[56-1043, added 2001, ch. 110, sec. 39, p. 391.]
Idaho Code § 56-260 — Idaho Code / Title 56 / Chapter 2 / Section 56-260
56-260 SHORT TITLE.
Status: in_force

56-260. short title. Sections 56-260 through 56-266, Idaho Code, shall be known and may be cited as the "Medicaid Cost Containment and Health Care Improvement Act."

History:

[56-260, added 2011, ch. 164, sec. 11, p. 472.]
Idaho Code § 56-276 — Idaho Code / Title 56 / Chapter 2 / Section 56-276
56-276 PRECEPTORS — PRIOR AUTHORIZATION EXEMPTION.
Status: in_force

56-276. preceptors — prior authorization exemption. (1) An eligible practitioner who provides three hundred sixty (360) hours or more of preceptorship in a calendar year, with at least sixty percent (60%) of those hours occurring in a qualified rural or underserved area, shall qualify for a twelve (12) month exemption from prior authorization requirements for medically necessary services billed to Idaho medicaid plans.

(2)(a) An eligible practitioner shall be responsible for tracking the eligible practitioner's preceptorship hours and may report such hours to the department of health and welfare upon reaching the minimum amount of hours needed to qualify for the exemption described in subsection (1) of this section.

(b) The department of health and welfare shall verify the hours submitted by an eligible practitioner, and upon verification shall exempt the eligible practitioner from prior authorization requirements as described in subsection (1) of this section at the start of the next calendar year.

(3) The department of health and welfare may rescind an exemption from prior authorization requirements if:

(a) On the basis of a review of a random sample of a statistically significant number of claims submitted by an eligible practitioner during an exempted period, the department determines that the eligible practitioner has fallen below the acceptable risk-weighted claim sampling score. Such a review may not be conducted more than once per year; and

(b) The department notifies the eligible practitioner at least twenty-five (25) days before the proposed rescinding from exemption is to take effect.

(4) No more than one hundred (100) eligible practitioners from each eligible specialty shall receive an exemption from prior authorization requirements pursuant to this section per year.

(5) The department shall promulgate rules, subject to legislative approval, to carry out the provisions of this section, including the development of a risk-weighted sampling methodology and scoring system that incorporates both the number and dollar amount of claims.

(6) For the purpose of this section, the following definitions apply:

(a) "Eligible practitioner" means a physician, physician's assistant, or advanced practice registered nurse practicing an eligible specialty.

(b) "Eligible specialty" means family medicine, psychiatry, or obstetrics and gynecology.

(c) "Graduate student" means a medical, physician assistant, or advanced practice registered nurse student, resident, or fellow seeking a degree at the graduate level at any accredited Idaho institution of higher education, including Idaho-funded medical education programs, or completing training in an Idaho-based residency or fellowship program.

(d) "Preceptorship" means a mentoring experience in which a preceptor provides a program of personalized instruction, training, and supervision that is offered to eligible graduate students to enable the students to obtain professional degrees.

(e) "Qualified rural or underserved area" means a primary care health professional shortage area or a medically underserved area, as those terms are defined in section 39-5903, Idaho Code.

History:

[56-276, added 2026, ch. 226, sec. 1, p. 1003.]
Idaho Code § 56-134A — Idaho Code / Title 56 / Chapter 1 / Section 56-134A
56-134A REMEDIES FOR DEFICIENT CARE.
Status: in_force

PART D

MISCELLANEOUS

56-134A. Remedies for deficient care. If the director finds that a facility is deficient in, or no longer meets, any of the requirements of participation set forth in 42 U.S.C. 1396r(b), (c) and (d), which are hereby incorporated by reference, the director has the authority, as provided in title XIX of the social security act, to:

(1) terminate the facility's participation in the medicaid program;

(2) deny payment;

(3) assess and collect a civil money penalty with interest;

(4) appoint temporary management of the facility;

(5) close the facility and/or transfer residents to another certified facility;

(6) direct a plan of correction;

(7) ban admission of persons with certain diagnoses or requiring specialized care;

(8) ban all admissions to the facility;

(9) assign monitors to the facility; or

(10) reduce the licensed bed capacity.

History:

[56-134A, added 1990, ch. 303, sec. 1, p. 833.]
Idaho Code § 56-1046 — Idaho Code / Title 56 / Chapter 10 / Section 56-1046
56-1046 RECORDS.
Status: in_force

56-1046. Records. (1) The department shall require each person who possesses or uses an x-ray producing machine to maintain necessary records relating to its receipt, use, storage, transfer, or disposal and such other records as the department may require which will permit the determination of the extent of occupational and public exposure from the x-ray producing machine. Copies of these records shall be submitted to the department on request. These requirements are subject to such exemptions as may be provided by rule.

(2) The department may by rule establish standards requiring that personnel monitoring be provided for any employee potentially exposed to x-rays and may provide for the reporting to any employee of his x-ray exposure record.

History:

[56-1046, added 2001, ch. 110, sec. 41, p. 393.]
Idaho Code § 56-227F — Idaho Code / Title 56 / Chapter 2 / Section 56-227F
56-227F PUBLIC ASSISTANCE BENEFIT CARDS — PROHIBITED USES.
Status: in_force

56-227F. Public assistance benefit cards — prohibited uses. (1) Any recipient of public assistance is prohibited from using public assistance benefit cards or cash obtained with public assistance benefit cards:

(a) For the purpose of participating in any of the activities described under chapters 38 and 49, title 18, Idaho Code, or authorized pursuant to any state-tribal gaming compact under section 67-429A, Idaho Code;

(b) For the purpose of pari-mutuel betting authorized under chapter 25, title 54, Idaho Code;

(c) To purchase lottery tickets or shares authorized under chapter 74, title 67, Idaho Code;

(d) For the purpose of participating in or purchasing tattoo, branding or body piercing services as defined in section 18-1523, Idaho Code;

(e) To purchase cigarettes as defined in section 39-7802(d), Idaho Code, or tobacco products or electronic smoking devices as defined in section 39-5702, Idaho Code;

(f) To purchase any items regulated under title 23, Idaho Code;

(g) For the purpose of adult entertainment at venues with performances that contain sexually oriented material where minors under the age of eighteen (18) years are prohibited; or

(h) For the purpose of purchasing or participating in any activities in any location listed in subsection (2) of this section.

(2) The following businesses are required to comply with the provisions of this section:

(a) Any establishment or business licensed under chapter 9, title 23, Idaho Code;

(b) State liquor stores defined under section 23-902, Idaho Code, with the exception of special distributors as referenced in chapter 3, title 23, Idaho Code;

(c) Any business or agency that issues or underwrites bail bonds as defined in section 41-1038(3), Idaho Code;

(d) Gambling establishments licensed under Idaho law;

(e) Any business or establishment that offers tattoo, body piercing or branding services as defined in section 18-1523, Idaho Code;

(f) Adult entertainment venues with performances that contain sexually oriented material where minors under the age of eighteen (18) years are prohibited; and

(g) Any establishment where persons under the age of eighteen (18) years are not permitted.

(3) The department shall notify any business determined to be in violation of the provisions of subsection (2) of this section and the licensing authority of any such business, if applicable, that such business has continued to allow the use of a public assistance benefit card in violation of subsection (2) of this section. The department may require the Idaho quest electronic benefits transfer (EBT) card business identification number (BIN) be disabled at any business found to be in violation of subsection (2) of this section. Any business in violation of subsection (2) of this section may also be required to deny all public assistance cash transactions made with an Idaho quest EBT card at any automated teller machine (ATM) located in their establishment. All costs associated with disabling the BIN and ATM will be the responsibility of such business owner.

(4) Only the recipient, an eligible member of the recipient's household or the recipient's authorized representative may use a public assistance benefit card or the benefit, and such use shall only be for the respective benefit program purposes. The recipient shall not sell, attempt to sell, exchange or donate a public assistance benefit card or any benefits to any other person or entity.

(5) A violation of subsection (1) or (4) of this section by a recipient constitutes a misdemeanor.

(a) The department shall notify all recipients of public assistance benefit cards that any violation of subsection (1) or (4) of this section could result in legal proceedings and forfeiture of all cash public assistance.

(b) Whenever the department has confirmed that a person has violated subsection (1) or (4) of this section, the department shall notify the person in writing that the violation could result in legal proceedings and forfeiture of all cash public assistance.

(6) As used in this section, "public assistance" or "public assistance benefit" means benefits provided to a recipient pursuant to the temporary assistance for families in Idaho (TAFI) program on an Idaho quest EBT card account.

(7) This section shall be enforced by the director of the department of health and welfare in cooperation with local law enforcement and prosecuting agencies.

History:

[56-227F, added 2012, ch. 182, sec. 1, p. 484; am. 2020, ch. 318, sec. 21, p. 917; am. 2025, ch. 64, sec. 12, p. 309; am. 2026, ch. 279, sec. 7, p. 1173.]
Idaho Code § 56-227 — Idaho Code / Title 56 / Chapter 2 / Section 56-227
56-227 FRAUDULENT ACTS — PENALTY.
Status: in_force

56-227. Fraudulent acts — Penalty. (1) Whoever knowingly obtains, or attempts to obtain, or aids or abets any person in obtaining, by means of a willfully false statement or representation, material omission, or fraudulent devices, public assistance to which he is not entitled, or in an amount greater than that to which he is justly entitled, shall be punished in the same manner and to the same extent as for larceny or theft of the money or value of the public assistance so obtained or attempted to be so obtained.

(2) Whoever sells, conveys, mortgages or otherwise disposes of his property, real or personal, or conceals his income or resources, for the purpose of rendering him eligible for public assistance, theretofore or thereafter applied for, to which he would not otherwise be entitled, shall be punished in the same manner and to the same extent as for larceny or theft of the money or value of the public assistance so obtained or so attempted to be obtained. Provided however, this provision shall not be construed to be more restrictive than federal or state provisions regarding the transfer of property for public assistance.

(3) Every person who knowingly aids or abets any person in selling, conveying, mortgaging or otherwise disposing of his property, real or personal, or in concealing his income or resources for the purpose of rendering him eligible for public assistance, theretofore or thereafter applied for and received, to which he would not otherwise be entitled, shall be punished in the same manner and to the same extent as for larceny or theft of the money or value of the public assistance so obtained or attempted to be obtained. Provided however, this provision shall not apply to any person who communicates information or renders advice to another regarding federal or state provisions regarding the transfer of property for public assistance.

(4) For the purpose of this section, public assistance shall include the specific categories of assistance for which provision is made in any federal or state law existing or hereafter enacted by the congress of the United States or the state of Idaho by which payments are made from the federal government to the state in aid or in respect to payment by the state for welfare purposes to any category of needy person and any other program of assistance for which provision for federal or state funds for aid may from time to time be made.

(5) The state department of health and welfare shall establish and operate a fraud control program to investigate suspected fraud relating to applications for public assistance benefits and public assistance benefits received by individuals or entities. Such activities shall be those that do not fall under the authority of the medicaid fraud control unit as provided in section 56-226, Idaho Code. The department shall establish a procedure to coordinate information with prosecuting attorneys to prosecute offenders who commit fraudulent acts pursuant to this chapter.

(6) The state tax commission and the state department of health and welfare may enter into a written agreement for exchange of an individual's state income tax return records and information for the purposes of investigating suspected fraud relating to applications for public assistance benefits and public assistance benefits received by individuals or entities. Such information shall be confidential to the recipient and may be used by the state department of health and welfare only for purposes of determining whether any individual or entity has committed a violation of this section. No information shared with the state department of health and welfare pursuant to this section shall be made public unless it is used in the course of a judicial proceeding arising under the laws of this state. Any information disclosed pursuant to this section must be disclosed in compliance with the provisions of 5 U.S.C. 552a and any other applicable federal or state laws or regulations regarding public assistance programs.

History:

[56-227, added 1941, ch. 181, sec. 24-c, as added by 1943, ch. 119, sec. 2, p. 228; am. 1974, ch. 233, sec. 9, p. 1590; am. 1981, ch. 194, sec. 1, p. 343; am. 1988, ch. 246, sec. 1, p. 480; am. 2002, ch. 369, sec. 2, p. 1039; am. 2007, ch. 341, sec. 5, p. 1007; am. 2008, ch. 188, sec. 1, p. 592.; am. 2013, ch. 143, sec. 1, p. 340; am. 2025, ch. 61, sec. 1, p. 285.]
Idaho Code § 56-904 — Idaho Code / Title 56 / Chapter 9 / Section 56-904
56-904 RECOVERY OF TELECOMMUNICATIONS SERVICE REVENUE REDUCTIONS — ADMINISTRATION.
Status: in_force

56-904. Recovery of telecommunications service revenue reductions — Administration. (1) The Idaho public utilities commission shall determine and impose a uniform statewide monthly surcharge on each end user's business, residential and wireless access service. The surcharge shall be an amount sufficient to reimburse each carrier of residential basic local exchange service for the total amount of telephone assistance discounts provided as well as the carrier's and the administrator's expenses of administering the plan. Such surcharge shall be effective concurrent with the discounts given eligible subscribers. The surcharge shall be explicitly stated on end user billings but shall not be imposed on eligible subscribers.

(2) The Idaho public utilities commission may adopt rules or issue orders necessary to receive matching federal low income telephone assistance and to implement the Idaho telephone assistance program, including procedures for adjustment and true-up of the subscriber surcharge. The commission may contract with a neutral third party to collect the surcharge, distribute assistance revenues, and perform other tasks as assigned.

(3) All carriers of telecommunications services shall remit the assistance surcharge revenues to the fund administrator designated by the commission on a monthly basis, unless less frequent remittances are authorized by order of the public utilities commission. The administrator shall distribute telecommunication service assistance program revenues monthly to eligible telecommunication carriers in an amount that equals their costs of administering the program and the monthly discount provided to eligible subscribers.

(4) The surcharge imposed in subsection (1) of this section, when collected from customers of mobile wireless carriers, shall be imposed only on customers with a place of primary use in Idaho. As used in this section and as defined in 4 U.S.C. section 124, "place of primary use" means the residential street address or the primary business street address in Idaho where the customer's use of the wireless service primarily occurs.

History:

[56-904, added 1987, ch. 328, sec. 1, p. 687; am. 1998, ch. 37, sec. 11, p. 164; am. 2002, ch. 311, sec. 1, p. 885.]
Idaho Code § 56-2401 — Idaho Code / Title 56 / Chapter 24 / Section 56-2401
56-2401 SHORT TITLE.
Status: in_force

56-2401. short title. This chapter shall be known and may be cited as the "Drinking Water Laboratory Certification Program."

History:

[(56-2401) 56-2201, added 2025, ch. 84, sec. 13, p. 397; am. and redesig. 2026, ch. 251, sec. 26, p. 1081.]
Idaho Code § 56-1102 — Idaho Code / Title 56 / Chapter 11 / Section 56-1102
56-1102 LEGISLATIVE FINDINGS.
Status: in_force

56-1102. Legislative findings. The legislature finds that:

(1) The problem of poverty will not be solved solely by government programs and income subsidies.

(2) It is in the best interest of all Idahoans to structure incentives in a way that will result in a greater likelihood that low-income and working-poor individuals will attain self-sufficiency.

(3) It is in the best interest of all Idahoans to encourage low-income individuals, neighborhoods and communities to benefit from the developments achieved through the growth in assets and investments.

(4) Achieving self-sufficiency and assessing economic opportunity for low-income and working-poor individuals can be addressed through public policy that invests in asset accumulation and is supported by private sector philanthropy.

(5) Providing a structured savings situation for low-income and working-poor individuals enhances their chances of fulfilling major life goals and opportunities and incorporates them into the economic mainstream.

(6) The state has an opportunity to take advantage of private and public resources by making the transition to an asset-based antipoverty strategy. Those resources include, but are not limited to, the assets for independence act (42 U.S.C. section 604) and the workforce investment act (P.L. 105-220).

(7) Investment through an individual development account program will help lower-income households obtain the assets they need to succeed. Communities and this state will experience resultant economic and social benefits accruing from the promotion of job training and higher education, home ownership and small business development.

(8) It is desirable for this state to enact legislation that enables an authorized fiduciary organization sufficient flexibility to receive private, state and federal moneys for individual development accounts. The legislature should periodically review the provisions of this chapter to ensure that this state maximizes the receipt of available federal moneys for individual development accounts.

History:

[56-1102, added 2002, ch. 149, sec. 1, p. 436.]
Idaho Code § 56-605 — Idaho Code / Title 56 / Chapter 6 / Section 56-605
56-605 PURPOSES OF PROJECT.
Status: in_force

56-605. Purposes of project. Purpose of such project shall be twofold; (1) the conservation of youth in the most positive way by introducing them to the satisfactions of constructive work and outdoor life, the rewards of which they can witness and evaluate for themselves; (2) to promote the conservation of our natural resources within an effective framework specifically tailored to the needs of Idaho for future programs to conserve timber, water, soil, forage and recreation resources through the use of our youth resources.

History:

[56-605, added 1963, ch. 126, sec. 5, p. 370.]
Idaho Code § 56-1504 — Idaho Code / Title 56 / Chapter 15 / Section 56-1504
56-1504 NURSING FACILITY ASSESSMENT FUND.
Status: in_force

56-1504. nursing facility assessment fund. (1) There is hereby created in the office of the state treasurer a dedicated fund to be known as the nursing facility assessment fund, hereinafter the "fund," to be administered by the department. The state treasurer shall invest idle moneys in the fund and any interest received on those investments shall be returned to the fund.

(2) Moneys in the fund shall consist of:

(a) All moneys collected or received by the department from nursing facility assessments required pursuant to this chapter;

(b) All federal matching funds received by the department as a result of expenditures made by the department that are attributable to moneys deposited in the fund;

(c) Any interest or penalties levied in conjunction with the administration of this chapter; and

(d) Any appropriations, federal funds, donations, gifts or moneys from any other sources.

(3) The fund is created for the purpose of receiving moneys in accordance with this section. Collected assessment funds shall be used to secure federal matching funds available through the state medicaid plan, which funds shall be used to make medicaid payments for nursing facility services that equal or exceed the amount of nursing facility medicaid rates, in the aggregate, as calculated in accordance with the approved state medicaid plan in effect on June 30, 2009. The fund shall be used exclusively for the following purposes:

(a) To pay administrative expenses incurred by the department or its agent in performing the activities authorized pursuant to this chapter, provided that such expenses shall not exceed a total of one percent (1%) of the aggregate assessment funds collected for the prior fiscal year.

(b) To reimburse the medicaid share of the assessment in accordance with IDAPA 16.03.10.264.

(c) To provide financial incentives for nursing facilities to improve quality to be implemented as value-based purchasing payments in state fiscal year 2021 based on performance data from the prior state fiscal year.

(d) To increase nursing facility payments to fund covered services to medicaid beneficiaries within medicare upper payment limits, as negotiated with the department.

(e) To repay the federal government any excess payments made to nursing facilities if the state plan, once approved by CMS, is subsequently disapproved for any reason, and after the state has appealed the findings. Nursing facilities shall refund the excess payments in question to the assessment fund. The state, in turn, shall return funds to both the federal government and nursing facility providers in the same proportion as the original financing. Individual nursing facilities shall be reimbursed based on the proportion of the individual nursing facility's assessment to the total assessment paid by nursing facilities. If a nursing facility is unable to refund payments, the state shall develop a payment plan and deduct moneys from future medicaid payments. The state will refund the federal government for the federal share of these overpayments.

History:

[56-1504, added 2011, ch. 164, sec. 23, p. 477; am. 2018, ch. 49, sec. 2, p. 126; am. 2025, ch. 82, sec. 70, p. 373.]
Idaho Code § 56-1905 — Idaho Code / Title 56 / Chapter 19 / Section 56-1905
56-1905 OBLIGATIONS OF STATE AGENCIES AND DEPARTMENTS.
Status: in_force

56-1905. Obligations of state agencies and departments. Upon request of the ombudsman, a state agency or department shall:

(1) Provide the ombudsman with access to all information, records, and documents in possession or control of the state agency or department, including unfettered access to the state agency's or department's computer network and electronic files to the extent not prohibited by federal law;

(2) Assist the ombudsman with document acquisition, including by providing help with any waivers or releases necessary to obtain the information; and

(3) Provide timely responses to requests from the ombudsman.

History:

[56-1905, added 2024, ch. 188, sec. 2, p. 683.]
Idaho Code § 56-2607 — Idaho Code / Title 56 / Chapter 25 / Section 56-2607
56-2607 LIMITED PRIVATE RIGHT OF ACTION.
Status: in_force

56-2507 [56-2607]. limited private right of action. A health care professional may bring an action solely for retaliation arising from refusing to participate in prohibited DEI conduct. Remedies may include reinstatement, injunctive relief, compensatory damages, and reasonable attorney's fees.

History:

[(56-2607) 56-2507, added 2026, ch. 289, sec. 1, p. 1209.]
Idaho Code § 56-2604 — Idaho Code / Title 56 / Chapter 25 / Section 56-2604
56-2604 PROHIBITED ACTS.
Status: in_force

56-2504 [56-2604]. prohibited acts. (1) With respect to employment, policies, training, or communications, a health care provider shall not:

(a) Engage in discriminatory hiring or prohibited DEI conduct;

(b) Adopt or implement internal policies or trainings that constitute prohibited DEI conduct; or

(c) Use state funds, including medicaid reimbursements, for any public-facing communication that promotes prohibited DEI conduct.

(2) Nothing in this section shall be construed to prohibit:

(a) Compliance with title VI of the civil rights act of 1964 or other applicable federal civil rights laws;

(b) Collection of demographic data for legitimate clinical care, quality reporting, or public health purposes;

(c) Patient-specific medical discussions related to biological, genetic, or epidemiological risk factors;

(d) Non-ideological training required for clinical competency, licensure, accreditation, or federal program compliance; or

(e) Workforce training, quality improvement initiatives, or disparity-reduction programs required or encouraged by federal law, centers for medicare and medicaid services guidance, or accreditation bodies.

History:

[(56-2604) 56-2504, added 2026, ch. 289, sec. 1, p. 1209.]
Idaho Code § 56-209b — Idaho Code / Title 56 / Chapter 2 / Section 56-209b
56-209b MEDICAL ASSISTANCE — MEDICAL ASSISTANCE ACCOUNT.
Status: in_force

56-209b. Medical assistance — Medical assistance account. (1) Medical assistance shall be awarded to persons as mandated by federal law, and medical assistance may be awarded to such other persons not required to be awarded medical assistance as mandated by federal law when such award is to the fiscal advantage of the state of Idaho.

(2) There is hereby created in the dedicated fund the medical assistance account. The medical assistance account shall be an entity primarily designed to receive moneys from the families and relatives of patients receiving medical assistance under the state plan for medicaid and to provide a source of moneys to pay for the state's share of medical assistance expenses. Moneys in the medical assistance account may not be commingled with moneys in the cooperative welfare fund. Moneys in the medical assistance account must be appropriated in order to be expended to pay for the state's share of medical assistance expenses.

(3) In all cases where the department of health and welfare through the medical assistance program has or will be required to pay medical expenses for a recipient and that recipient is entitled to recover any or all such medical expenses from any third party or entity, the department of health and welfare will be subrogated to the rights of the recipient to the extent of the amount of medical assistance benefits paid by the department as the result of the occurrence giving rise to the claim against the third party or entity.

(4) If a recipient of medical assistance pursues a claim against a third party or entity through litigation or a settlement, the recipient will so notify the department. If a recipient fails to notify the department of such claim, the department may recover the amount of any public assistance obtained by the recipient while the recipient pursued such claim. In addition, if the recipient recovers funds, either by settlement or judgment, from such a third party or entity, the recipient shall reimburse the department to the extent of the funds received in settlement, minus attorney's fees and costs, the amount of the medical assistance benefits paid by the department on his behalf as a result of the occurrence giving rise to the need for medical assistance. The department shall be entitled to all the legal rights and powers of a creditor against a debtor in enforcing the recipient's reimbursement obligation.

(5) The department shall have priority to any amount received from a third party or entity that can reasonably be construed to compensate the recipient for the occurrence giving rise to the need for medical assistance, whether the settlement or judgment is obtained through the subrogation right of the department or through recovery by the recipient, and whether or not the recipient is made whole by the amount recovered. The department will be entitled to reimbursement of medical assistance benefits paid on behalf of the recipient arising from the incident or occurrence prior to any amount being distributed to the recipient. The department may notify such third party or entity of the department's entitlement to receive the reimbursement prior to any amount being distributed to the recipient. Furthermore, the department may instruct the third party or entity to make such payment directly to the department prior to any amount being distributed to the recipient. Any third party or entity who distributed funds in violation of such a notice shall be liable to the department for the amount of the reimbursement.

(6) In the event a recipient of assistance through the medical assistance program incurs the obligation to pay attorney's fees and costs for the purpose of enforcing a monetary claim to which the department has a right under this section, the amount that the department is entitled to recover, or any lesser amount that the department may agree to accept in compromise of its claim, shall be reduced by an amount that bears the same relation to the total amount of attorney's fees and costs actually paid by the recipient as the amount actually recovered for medical expenses paid by the department, exclusive of the reduction for attorney's fees and costs, bears to the total amount paid by the third party or entity to the recipient. If a settlement or judgment is received by the recipient without delineating what portion of the settlement or judgment is in payment of medical expenses, it will be presumed that the settlement or judgment applies first to the medical expenses incurred by the recipient in an amount equal to the expenditure for medical assistance benefits paid by the department as a result of the occurrence giving rise to the payment or payments to the recipient.

(7) If a responsible third party requires prior authorization for an item or service provided to a recipient of medical assistance, the responsible third party shall accept an authorization provided by the department that such item or service is covered under the state plan or applicable waiver as if such authorization was made by the third party for the item or service.

History:

[56-209b, added 1961, ch. 217, sec. 3, p. 346; am. 1966 (2nd E.S.), ch. 11, sec. 4, p. 28; am. 1973, ch. 161, sec. 2, p. 306; am. 1978, ch. 246, sec. 4, p. 539; am. 1981, ch. 201, sec. 1, p. 354; am. 1982, ch. 180, sec. 1, p. 468; am. 1996, ch. 196, sec. 1, p. 614; am. 2002, ch. 369, sec. 1, p. 1038; am. 2025, ch. 27, sec. 1, p. 85.]
Idaho Code § 56-201 — Idaho Code / Title 56 / Chapter 2 / Section 56-201
56-201 DEFINITIONS.
Status: in_force

56-201. Definitions. As used in this act:

(a) "State department" means the state department of health and welfare;

(b) "Director" means the director of the department of health and welfare;

(c) "Public welfare" means public assistance and social services;

(d) "Social services" means activities of the department in efforts to bring about economic, social and vocational adjustment of families and persons;

(e) "Public assistance" includes general assistance, old-age assistance, aid to the blind, assistance to families with children, aid to the disabled, and medical assistance;

(f) "General assistance" means direct assistance in cash, direct assistance in kind, and supplementary assistance;

(g) "Direct assistance in cash" means money payments to eligible people not classified as old-age assistance, or aid to the blind, or assistance to families with children, or aid to the disabled, or medical assistance;

(h) "Direct assistance in kind" means payments to others on behalf of a person or family for food, rent, clothing, and other normal subsistence needs;

(i) "Supplementary assistance" means payments to others on behalf of a person or family for transportation and costs incidental to vocational adjustment or employment;

(j) "Old-age assistance" means money payments to or on behalf of needy aged people;

(k) "Aid to the blind" means money payments to or on behalf of blind people who are needy;

(l) "Assistance to families with children" means money payments, direct assistance in kind, supplementary assistance, and social services targeted toward self-sufficiency with respect to or on behalf of eligible families with children;

(m) "Aged" means any person sixty-five (65) years or older;

(n) "Aid to the disabled" means money payments to or on behalf of needy individuals who are disabled, and whose disability prevents self-support through employment for a period of at least one (1) year from the date of onset of the disability;

(o) "Medical assistance" means payments for part or all of the cost of such care and services allowable within the scope of title XIX of the federal social security act as amended as may be designated by department rule;

(p) "Provider" means any individual, partnership, association, corporation or organization, public or private, who provides residential or assisted living services, certified family home services, nursing facility services, services offered pursuant to the medicaid program, or services offered pursuant to titles IV or XX of the social security act;

(q) "Needy" means the condition where a person or family does not have income and available resources in accordance with the provisions of section 56-210, Idaho Code.

History:

[56-201, added 1941, ch. 181, sec. 1, p. 379; am. 1945, ch. 109, sec. 1, p. 165; am. 1957, ch. 323, sec. 1, p. 379; am. 1961, ch. 217, sec. 1, p. 346; am. 1966 (2nd E.S.), ch. 11, sec. 1, p. 28; am. 1967, ch. 373, sec. 13, p. 1071; am. 1967 (1st E.S.), ch. 5, sec. 1, p. 23; am. 1972, ch. 44, sec. 5, p. 67; am. 1972, ch. 196, sec. 8, p. 483; am. 1974, ch. 23, sec. 162, p. 633; am. 1974, ch. 233, sec. 1, p. 1590; am. 1977, ch. 226, sec. 1, p. 673; am. 1978, ch. 246, sec. 1, p. 537; am. 1981, ch. 179, sec. 1, p. 313; am. 1982, ch. 59, sec. 5, p. 94; am. 1989, ch. 193, sec. 15, p. 486; am. 1996, ch. 50, sec. 1, p. 147; am. 2000, ch. 274, sec. 148, p. 882.]
Idaho Code § 56-2704 — Idaho Code / Title 56 / Chapter 25 / Section 56-2704
56-2704 INDIVIDUALS SUBJECT TO BACKGROUND CHECK.
Status: in_force

56-2504 [56-2704]. individuals subject to background check. (1) The following individuals or classes of individuals, license applicants, certificate holders, members of vocations or professions, position holders, and any employees, contractors, agents, or volunteers for one of the listed entities or programs with direct access to children, elderly, or vulnerable adults shall be subject to a background check pursuant to this chapter:

(a) Adoptive parent applicants under chapter 15, title 16, Idaho Code;

(b) Children's agencies, children's residential care facilities, children's therapeutic outdoor programs, and licensed foster care under chapter 12, title 39, Idaho Code;

(c) Licensed daycare facilities under chapter 11, title 39, Idaho Code;

(d) Citizen review panel members under section 16-1647, Idaho Code;

(e) The Idaho child care program under department rule;

(f) Certified family homes under chapter 35, title 39, Idaho Code;

(g) Home health agencies;

(h) Personal assistance agencies;

(i) Personal care services providers;

(j) Residential care or assisted living facilities under chapter 33, title 39, Idaho Code;

(k) Skilled nursing facilities and intermediate care facilities for individuals with intellectual disabilities under chapter 13, title 39, Idaho Code;

(l) Temporary caregivers under chapter 18, title 32, Idaho Code;

(m) Medicaid providers who are categorized by the department as high-risk pursuant to 42 CFR 455.450;

(n) Home-based and community-based services;

(o) The Idaho behavioral health plan under department rule;

(p) Children's mental health services under chapter 24, title 16, Idaho Code;

(q) Substance use disorder services under chapter 3, title 39, Idaho Code;

(r) Adult behavioral health services under chapter 31, title 39, Idaho Code;

(s) Developmental disabilities agencies;

(t) Service coordinators and paraprofessionals under department rule;

(u) Support brokers and community support workers under department rule;

(v) Contracted nonemergency medical transport providers;

(w) Emergency medical services personnel licensed under chapter 9, title 46, Idaho Code;

(x) Court-appointed guardians and conservators under chapter 12, title 15, Idaho Code, or chapter 4, title 66, Idaho Code;

(y) Designated examiners and dispositioners under chapter 3, title 66, Idaho Code; and

(z) Any other specific categories of individuals or classes of individuals for whom the department requires a background check pursuant to Idaho law.

(2) Employees, contractors, and volunteers of the department who require a background check include those who:

(a) Provide direct care services or have access to children, elderly, or vulnerable adults;

(b) Are permitted access to federal tax information;

(c) Conduct background checks; or

(d) Are permitted access to confidential information or systems within the scope of their duties while investigating fraud, waste, or abuse.

History:

[(56-2704) 56-2504, added 2026, ch. 220, sec. 1, p. 919.]
Idaho Code § 56-1706 — Idaho Code / Title 56 / Chapter 17 / Section 56-1706
56-1706 GUIDING PRINCIPLES UNDER CRISIS STANDARDS OF CARE.
Status: in_force

56-1706. guiding principles under crisis standards of care. A health care facility operating under crisis standards of care must do so according to the following guiding principles:

(1) The focus of crisis standards of care is on saving the most lives with limited health care resources, while maintaining equitable health care access for all patients and residents;

(2) No patients or residents will be discriminated against based on disability, race, color, national origin, age, sex, gender, or exercise of conscience or religion;

(3) In determining candidacy for treatment or access to critical care resources, categorical exclusions are prohibited; and

(4) Decisions regarding candidacy for treatment should be based on individualized assessments using the best available objective medical evidence.

History:

[56-1706, added 2022, ch. 253, sec. 1, p. 830.]
Idaho Code § 56-901 — Idaho Code / Title 56 / Chapter 9 / Section 56-901
56-901 TELECOMMUNICATIONS SERVICE ASSISTANCE PROGRAM — DEFINITIONS.
Status: in_force

56-901. Telecommunications service assistance program — Definitions. (1) A telecommunications service assistance program is hereby established within the department of health and welfare to provide eligible recipients with a reduction in costs of telecommunications services to promote universal service. The program shall be administered by the department of health and welfare in accordance with the provisions of this chapter and rules and regulations promulgated in compliance with chapter 52, title 67, Idaho Code, to administer the program. The telecommunications service assistance program adopted shall grant limited federal "lifeline" contributions to Idaho's low-income customers.

(2) For the purposes of this chapter, a "telecommunications carrier" means a telephone corporation providing telecommunication services for compensation within this state, and shall include municipal, cooperative, or mutual nonprofit telephone companies, and telecommunication corporations providing wireless, cellular, personal communications services and mobile radio services for compensation.

History:

[56-901, added 1987, ch. 328, sec. 1, p. 686; am. 1998, ch. 37, sec. 8, p. 162; am. 2013, ch. 186, sec. 1, p. 446.]
Idaho Code § 56-1039 — Idaho Code / Title 56 / Chapter 10 / Section 56-1039
56-1039 POWER TO ACCEPT FEDERAL FUNDS AND GIFTS.
Status: in_force

56-1039. Power to accept federal funds and gifts. The director may accept federal funds granted by congress or executive order, as well as gifts, grants, endowments and/or donations from individuals and private organizations or foundations for all or any of the purposes of the poison control center.

History:

[(56-1039) 39-169, added 1996, ch. 147, sec. 1, p. 484; am. and redesig. 2001, ch. 110, sec. 34, p. 388.]
Idaho Code § 56-2206 — Idaho Code / Title 56 / Chapter 22 / Section 56-2206
56-2206 LEGISLATIVE APPROVAL — PRACTICE AUTHORITY PROTECTION.
Status: in_force

56-2206. legislative approval — practice authority protection. The department of health and welfare is authorized to and shall submit a state plan amendment to the centers for medicare and medicaid services by July 1, 2025, allowing for practice authority protection to the extent permitted by state law.

History:

[56-2206, added 2025, ch. 118, sec. 2, p. 624.]
Idaho Code § 56-405 — Idaho Code / Title 56 / Chapter 4 / Section 56-405
56-405 ADMINISTRATION AND DISBURSEMENT OF FUNDS.
Status: in_force

56-405. Administration and disbursement of funds. (a) Disbursements from the cooperative welfare fund, involving the participation of federal funds, which may be made available only upon condition that they are to be administered by a single state agency, shall be made upon claims approved by the director of the department of health and welfare.

(b) All other disbursements from the cooperative welfare fund shall be made upon claims submitted to and approved by the state board of examiners as are other claims against the state.

History:

[56-405, added 1941, ch. 180, sec. 5, p. 376; 1972, ch. 196, sec. 15, p. 483; am. 1974, ch. 23, sec. 172, p. 633.]
Idaho Code § 56-209h — Idaho Code / Title 56 / Chapter 2 / Section 56-209h
56-209h ADMINISTRATIVE REMEDIES.
Status: in_force

56-209h. Administrative remedies. (1) Definitions. For purposes of this section:

(a) "Abuse" or "abusive" means provider practices that are inconsistent with sound fiscal, business, child care or medical practices, and result in an unnecessary cost to a public assistance program, in reimbursement for services that are not medically necessary or that fail to meet professionally recognized standards for health care, or in physical harm, pain or mental anguish to a public assistance recipient.

(b) "Claim" means any request or demand for payment, or document submitted to initiate payment, for items or services provided under a public assistance program, whether under a contract or otherwise.

(c) "Fraud" or "fraudulent" means an intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to himself or some other person.

(d) "Intentional program violation" means intentionally false or misleading action, omission or statement made in order to qualify as a provider or recipient in a public assistance program.

(e) "Knowingly," "known" or "with knowledge" means that a person, with respect to information or an action:

(i) Has actual knowledge of the information or action; or

(ii) Acts in deliberate ignorance of the truth or falsity of the information or the correctness or incorrectness of the action; or

(iii) Acts in reckless disregard of the truth or falsity of the information or the correctness or incorrectness of the action.

(f) "Managing employee" means a general manager, business manager, administrator, director or other individual who exercises operational or managerial control over, or who directly or indirectly conducts the day-to-day operation of, an institution, organization or agency.

(g) "Medicaid fraud control unit" means that medicaid fraud control unit as provided for in section 56-226, Idaho Code.

(h) "Ownership or control interest" means a person or entity that:

(i) Has an ownership interest totaling twenty-five percent (25%) or more in an entity; or

(ii) Is an officer or director of an entity that is organized as a corporation; or

(iii) Is a partner in an entity that is organized as a partnership; or

(iv) Is a managing member in an entity that is organized as a limited liability company.

(i) "Provider" means an individual, organization, agency or other entity providing items or services under a public assistance program.

(j) "Public assistance program" means assistance for which provision is made in any federal or state law existing or hereafter enacted by the state of Idaho or the congress of the United States by which payments are made from the federal government to the state in aid, or in respect to payment by the state for welfare purposes to any category of needy person, and any other program of assistance for which provision for federal or state funds for aid may from time to time be made.

(2) The department shall establish and operate an administrative fraud control program to enforce violations of the provisions of this chapter and of the state plan pursuant to subchapters XIX and XXI, chapter 7, title 42, U.S.C., that are outside the scope of the duties of the medicaid fraud control unit and to render and receive referrals from and to said unit.

(3) Review of documentation of services. All claims submitted by providers for payment are subject to prepayment and postpayment review as designated by rule. Except as otherwise provided by rule, providers shall generate documentation at the time of service sufficient to support each claim, and shall retain the documentation for a minimum of five (5) years from the date the item or service was provided. The department or authorized agent shall be given immediate access to such documentation upon written request.

(4) Immediate action. In the event that the department identifies a suspected case of fraud or abuse and the department has reason to believe that payments made during the investigation may be difficult or impractical to recover, the department may suspend or withhold payments to the provider pending investigation. In the event that the department identifies a suspected case of fraud or abuse and it determines that it is necessary to prevent or avoid immediate danger to the public health or safety, the department may summarily suspend a provider agreement pending investigation. When payments have been suspended or withheld or a provider agreement suspended pending investigation, the department shall provide for a hearing within thirty (30) days of receipt of any duly filed notice of appeal.

(5) Recovery of payments. Upon referral of a matter from the medicaid fraud control unit, or if it is determined by the department that any condition of payment contained in rule, regulation, statute, or provider agreement was not met, the department may initiate administrative proceedings to recover any payments made for items or services under any public assistance contract or provider agreement the individual or entity has with the department. Interest shall accrue on overpayments at the statutory rate set forth in section 28-22-104, Idaho Code, from the date of final determination of the amount owed for items or services until the date of recovery.

(6) Provider status. The department may terminate the provider agreement or otherwise deny provider status to any individual or entity who:

(a) Submits a claim with knowledge that the claim is incorrect, including reporting costs as allowable which were known to be disallowed in a previous audit, unless the provider clearly indicates that the item is being claimed to establish the basis for an appeal and each disputed item and amount is specifically identified; or

(b) Submits a fraudulent claim; or

(c) Knowingly makes a false statement or representation of material fact in any document required to be maintained or submitted to the department; or

(d) Submits a claim for an item or service known to be medically unnecessary; or

(e) Fails to provide, upon written request by the department, immediate access to documentation required to be maintained; or

(f) Fails repeatedly or substantially to comply with the rules and regulations governing medical assistance payments or other public assistance program payments; or

(g) Knowingly violates any material term or condition of its provider agreement; or

(h) Has failed to repay, or was a "managing employee" or had an "ownership or control interest" in any entity that has failed to repay, any overpayments or claims previously found to have been obtained contrary to statute, rule, regulation or provider agreement; or

(i) Has been found, or was a "managing employee" in any entity that has been found, to have engaged in fraudulent conduct or abusive conduct in connection with the delivery of health care or public assistance items or services; or

(j) Fails to meet the qualifications specifically required by rule or by any applicable licensing board.

Any individual or entity denied provider status under this section may be precluded from participating as a provider in any public assistance program for up to five (5) years from the date the department's action becomes final.

(7) The department must refer all cases of suspected medicaid provider fraud to the medicaid fraud control unit and shall promptly comply with any request from the medicaid fraud control unit for access to and free copies of any records or information kept by the department or its contractors, computerized data stored by the department or its contractors, and any information kept by providers to which the department is authorized access by law.

(8) Civil monetary penalties. The department may also assess civil monetary penalties against a provider and any officer, director, owner, and/or managing employee of a provider in the circumstances listed in paragraphs (a) and (b) of this subsection. The penalties provided for in this subsection are intended to be remedial, recovering, at a minimum, costs of investigation and administrative review, and placing the costs associated with noncompliance on the offending provider. The department shall promulgate rules clarifying the methodology used when computing and assessing a civil monetary penalty.

(a) For conduct identified in subsection (6)(a) through (i) of this section, the amount of the penalties shall be up to one thousand dollars ($1,000) for each item or service improperly claimed, except that in the case of multiple penalties the department may reduce the penalties to not less than ten percent (10%) of the amount of each item or service improperly claimed if an amount can be readily determined. Each line item of a claim, or cost on a cost report is considered a separate claim.

(b) For failing to perform required background checks or failing to meet required timelines for completion of background checks, the amount of the penalty shall be five hundred dollars ($500) for each month worked for each staff person for whom the background check was not performed or not timely performed up to a maximum of five thousand dollars ($5,000) per month. A partial month is considered a full month for purposes of determining the amount of the penalty.

(9) Exclusion. Any individual or entity convicted of a criminal offense related to the delivery of an item or service under any state or federal program shall be excluded from program participation as a medicaid provider for a period of not less than ten (10) years. Unless otherwise provided in this section or required by federal law, the department may exclude any individual or entity for a period of not less than one (1) year for any conduct for which the secretary of the department of health and human services or designee could exclude an individual or entity.

(10) Sanction of individuals or entities. The department may sanction individuals or entities by barring them from public assistance programs for intentional program violations where the federal law allows sanctioning individuals from receiving assistance. Individuals or entities who are determined to have committed an intentional program violation will be sanctioned from receiving public assistance for a period of twelve (12) months for the first violation, twenty-four (24) months for the second violation and permanently for the third violation.

(11) Individuals or entities subject to administrative remedies as described in subsections (4) through (10) of this section shall be provided the opportunity to appeal pursuant to chapter 52, title 67, Idaho Code, and the department's rules for contested cases.

(12) Adoption of rules. The department shall promulgate such rules as are necessary to carry out the policies and purposes of this section.

History:

[56-209h, added 1998, ch. 311, sec. 2, p. 1031; am. 2007, ch. 341, sec. 2, p. 1002; am. 2008, ch. 187, sec. 1, p. 588; am. 2016, ch. 106, sec. 1, p. 307.]
Idaho Code § 56-1007 — Idaho Code / Title 56 / Chapter 10 / Section 56-1007
56-1007 COLLECTION OF FEES FOR SERVICES.
Status: in_force

56-1007. Collection of fees for services. The department of health and welfare is hereby authorized to charge and collect reasonable fees, established by rule, for any service rendered by the department. The fee may be determined by a sliding scale according to income or available assets. The department is hereby authorized to require information concerning the total income and assets of each person receiving services in order to determine the amount of the fee to be charged. The state laboratory is authorized to charge testing fees at market rates that do not disadvantage entities offering similar services.

History:

[56-1007, added 2000, ch. 132, sec. 38, p. 351; am. 2025, ch. 84, sec. 12, p. 397.]
Idaho Code § 56-234A — Idaho Code / Title 56 / Chapter 2 / Section 56-234A
56-234A DEFINITIONS.
Status: in_force

56-234A. definitions. As used in sections 56-234 through 56-235D, Idaho Code:

(1) "Admission-discharge committee" means an interdisciplinary team of at least three (3) individuals designated by the director to evaluate persons as required by the provisions of sections 56-234 through 56-235D, Idaho Code. Each committee member must be specially qualified by training and experience in the diagnosis and treatment of persons with a developmental disability.

(2) "Certified family home" means a family home as defined in section 39-3502, Idaho Code.

(3) "Community facility" means a privately owned or operated nursing facility, intermediate care facility for persons with intellectual disabilities, licensed residential or assisted living facility, other organization licensed, recognized, or certified by the department to provide care or treatment to persons with developmental disabilities, or a publicly owned or operated facility licensed for eight (8) beds or less as an intermediate care facility for persons with intellectual disabilities.

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

(5) "Developmental disabilities" means a chronic disability of a person as defined in section 66-402, Idaho Code.

(6) "Director" means the director of the Idaho department of health and welfare or his designee.

(7) "Discharge" means an admission-discharge committee has determined that there is an available community facility or private residence that is least restrictive, appropriate and consistent with the needs of the individual.

(8) "Medically fragile" means an individual with a developmental disability and a chronic medical condition that is characterized by periods of acute exacerbation or potentially life-threatening episodes and that may require frequent hospitalizations or prolonged recuperation periods and ongoing monitoring and assistance by a licensed registered nurse.

(9) "Private residence" means a certified family home or a single family dwelling or apartment in a multiple dwelling or apartment complex that is used by an individual as a place of abode and that is not used for commercial purposes.

(10) "Resident" means an individual who is admitted to or resides at the southwest Idaho treatment center.

(11) "Transfer" means relocating and moving a person who is a resident of the southwest Idaho treatment center from that institution to a community facility or private residence or from one (1) community facility or private residence to another. Transfer does not include relocating or moving a resident of the southwest Idaho treatment center between rooms or beds within the southwest Idaho treatment center.

History:

[56-234A, added 2011, ch. 101, sec. 2, p. 257; am. 2012, ch. 107, sec. 8, p. 293; am. 2025, ch. 82, sec. 107, p. 390.]
Idaho Code § 56-255 — Idaho Code / Title 56 / Chapter 2 / Section 56-255
56-255 MEDICAL ASSISTANCE PROGRAM — SERVICES TO BE PROVIDED.
Status: in_force

56-255. Medical assistance program — Services to be provided. (1) The department may make payments for the following services furnished by providers to participants who are determined to be eligible on the dates on which the services were provided. Any service under this section shall be reimbursed only when medically necessary within the appropriations provided by law and in accordance with federal law and regulation, Idaho law and department rule. Notwithstanding any other provision of this chapter, medical assistance includes the following benefits specific to the eligibility categories established in section 56-254(1), (2) and (3), Idaho Code, as well as a list of benefits to which all Idaho medicaid participants are entitled, defined in subsection (5) of this section.

(2) Specific health benefits and limitations for low-income children and working-age adults with no special health needs include:

(a) All services described in subsection (5) of this section;

(b) Early and periodic screening, diagnosis and treatment services for individuals under age twenty-one (21) years, and treatment of conditions found; and

(c) Cost-sharing required of participants. Participants in the low-income children and working-age adult group are subject to the following premium payments, as stated in department rules:

(i) Participants with family incomes equal to or less than one hundred thirty-three percent (133%) of the federal poverty guideline are not required to pay premiums; and

(ii) Participants with family incomes above one hundred thirty-three percent (133%) of the federal poverty guideline will be required to pay premiums in accordance with department rule.

(3) Specific health benefits for persons with disabilities or special health needs include:

(a) All services described in subsection (5) of this section;

(b) Early and periodic screening, diagnosis and treatment services for individuals under age twenty-one (21) years, and treatment of conditions found;

(c) Case management services as defined in accordance with section 1905(a)(19) or section 1915(g) of the social security act; and

(d) Long-term care services, including:

(i) Nursing facility services, other than services in an institution for mental diseases, subject to participant cost-sharing;

(ii) Home-based and community-based services, subject to federal approval, provided to individuals who require nursing facility level of care who, without home-based and community-based services, would require institutionalization. These services will include community supports, including options for self-determination or family-directed, which will enable individuals to have greater freedom to manage their own care within the determined budget as defined by department rule; and

(iii) Personal care services in a participant's home, prescribed in accordance with a plan of treatment and provided by a qualified person under supervision of a registered nurse;

(e) Services for persons with developmental disabilities, including:

(i) Intermediate care facility services, other than such services in an institution for mental diseases, for persons determined in accordance with section 1902(a)(31) of the social security act to be in need of such care, including such services in a public institution, or distinct part thereof, for persons with intellectual disabilities or persons with related conditions;

(ii) Home-based and community-based services, subject to federal approval, provided to individuals who require an intermediate care facility for people with intellectual disabilities (ICF/ID) level of care who, without home-based and community-based services, would require institutionalization. These services will include community supports and options for self-directed or family-directed services, which will enable individuals to have greater freedom to manage their own care within the determined budget as defined by department rule. The department shall allow budget modifications only when needed to obtain or maintain employment or when health and safety issues are identified and meet the criteria as defined in department rule; and

(iii) Developmental disability services for children and adults shall be available based on need through state plan services or waiver services as described in department rule. The department shall develop a blended rate covering both individual and group developmental therapy services;

(f) Home health services, including:

(i) Intermittent or part-time nursing services provided by a home health agency or by a registered nurse when no home health agency exists in the area;

(ii) Home health aide services provided by a home health agency; and

(iii) Physical therapy, occupational therapy or speech pathology and audiology services provided by a home health agency or medical rehabilitation facility;

(g) Hospice care in accordance with section 1905(o) of the social security act;

(h) Specialized medical equipment and supplies;

(i) Medicare cost-sharing, including:

(i) Medicare cost-sharing for qualified medicare beneficiaries described in section 1905(p) of the social security act;

(ii) Medicare part A premiums for qualified disabled and working individuals described in section 1902(a)(10)(E)(ii) of the social security act;

(iii) Medicare part B premiums for specified low-income medicare beneficiaries described in section 1902(a)(10)(E)(iii) of the social security act; and

(iv) Medicare part B premiums for qualifying individuals described in section 1902(a)(10)(E)(iv) and subject to section 1933 of the social security act; and

(j) Nonemergency medical transportation.

(4) Specific health benefits for persons over twenty-one (21) years of age who have medicare and medicaid coverage include:

(a) All services described in subsection (5) of this section, other than if provided under the federal medicare program;

(b) All services described in subsection (3) of this section, other than if provided under the federal medicare program;

(c) Other services that supplement medicare coverage; and

(d) Nonemergency medical transportation.

(5) Benefits for all medicaid participants, unless specifically limited in subsection (2), (3) or (4) of this section, include the following:

(a) Health care coverage including, but not limited to, basic inpatient and outpatient medical services, and including:

(i) Physicians' services, whether furnished in the office, the patient's home, a hospital, a nursing facility or elsewhere;

(ii) Services provided by a physician or other licensed practitioner to prevent disease, disability and other health conditions or their progressions, to prolong life, or to promote physical or mental health; and

(iii) Hospital care, including:

1. Inpatient hospital services other than those services provided in an institution for mental diseases;

2. Outpatient hospital services; and

3. Emergency hospital services;

(iv) Laboratory and x-ray services;

(v) Prescribed drugs;

(vi) Family planning services and supplies for individuals of child-bearing age;

(vii) Certified pediatric or family nurse practitioners' services;

(viii) Emergency medical transportation;

(ix) Behavioral health services, including:

1. Outpatient behavioral health services that are appropriate, delivered by providers that meet national accreditation standards and may include community-based rehabilitation services and case management; and

2. Inpatient psychiatric facility services whether in a hospital, or for persons under the age of twenty-two (22) years in a freestanding psychiatric facility as permitted by federal law;

(x) Medical supplies, equipment, and appliances suitable for use in the home;

(xi) Physical therapy and speech therapies combined to align with the annual medicare caps; and

(xii) Occupational therapy to align with the annual medicare cap;

(b) Primary care medical homes;

(c) Dental services and medical and surgical services furnished by a dentist in accordance with section 1905(a)(5)(B) of the social security act;

(d) Medical care and any other type of remedial care recognized under Idaho law, furnished by licensed practitioners within the scope of their practice as defined by Idaho law, including:

(i) Podiatrists' services based on chronic care criteria as defined in department rule;

(ii) Optometrists' services based on chronic care criteria as defined in department rule;

(iii) Chiropractors' services, limited to six (6) visits per year; and

(iv) Other practitioners' services, in accordance with department rules;

(e) Services for individuals with speech, hearing and language disorders as defined in department rule;

(f) Eyeglasses prescribed by a physician skilled in diseases of the eye or by an optometrist;

(g) Services provided by essential providers, including:

(i) Rural health clinic services and other ambulatory services furnished by a rural health clinic in accordance with section 1905(l)(1) of the social security act;

(ii) Federally qualified health center (FQHC) services and other ambulatory services that are covered under the plan and furnished by an FQHC in accordance with section 1905(l)(2) of the social security act;

(iii) Indian health services;

(iv) District health departments; and

(v) The family medicine residency of Idaho and the Idaho state university family medicine residency; and

(h) Physician, hospital or other services deemed experimental are excluded from coverage. The director may allow coverage of procedures or services deemed investigational if the procedures or services are as cost-effective as traditional, standard treatments.

History:

[56-255, added 2006, ch. 278, sec. 1, p. 857; am. 2007, ch. 200, sec. 5, p. 614; am. 2009, ch. 34, sec. 4, p. 99; am. 2010, ch. 235, sec. 46, p. 585; am. 2011, ch. 164, sec. 9, p. 468; am. 2012, ch. 190, sec. 1, p. 510; am. 2013, ch. 25, sec. 1, p. 46; am. 2014, ch. 62, sec. 1, p. 147; am. 2014, ch. 109, sec. 1, p. 316; am. 2018, ch. 182, sec. 1, p. 397.]
Idaho Code § 56-1901 — Idaho Code / Title 56 / Chapter 19 / Section 56-1901
56-1901 HEALTH AND SOCIAL SERVICES OMBUDSMAN ESTABLISHED.
Status: in_force

56-1901. health and social services ombudsman established. (1) As used in this chapter, "service recipient" means:

(a) A child who receives foster care or protective supervision services pursuant to chapter 16, title 16, Idaho Code; or

(b) A child receiving services in a residential treatment facility in Idaho.

(2) There is hereby created in the department of self-governing agencies the office of health and social services ombudsman.

(3) The health and social services ombudsman shall act as an independent ombudsman monitoring and evaluating the compliance of public agencies and private entities with relevant statutes, rules, and policies pertaining to the provision of health and social services to service recipients.

(4) The health and social services ombudsman shall ensure the protection of service recipients' rights and promotion of the recipients' best interests and safeguard the welfare of service recipients through advocacy, system reform, public awareness, and training.

(5) The health and social services ombudsman shall be appointed by the governor and subject to confirmation by the senate. Such individual shall be qualified by training and experience to perform the duties and exercise the powers of the health and social services ombudsman as provided in this chapter.

History:

[56-1901, added 2024, ch. 188, sec. 2, p. 681.]
Idaho Code § 56-1804 — Idaho Code / Title 56 / Chapter 18 / Section 56-1804
56-1804 COVERED SERVICES — INDIVIDUAL PROGRAM PLAN.
Status: in_force

56-1804. COVERED SERVICES — INDIVIDUAL PROGRAM PLAN. (1) Subject to available funding, the program shall provide the following services to participants, as appropriate:

(a) Individual community-based supported employment;

(b) Group community-based supported employment;

(c) Work services; and

(d) Transportation.

(2) The services provided to a participant shall be based on the participant's individual program plan.

(3) Program services must:

(a) Be individually planned by using person-centered principles and person-first or people-first language;

(b) Provide assistance to participants as unique individuals with varying interests, preferences, and aptitudes;

(c) Be appropriate to the needs of a participant and consistent with the choice of the participant regarding services, providers, and goals;

(d) Provide the participant compensation, where applicable, for work performed pursuant to federal and state wage and hour laws;

(e) Safeguard participants against conflicts of interest; and

(f) Allow a participant to pursue an alternate employment type and assist the participant with referral to the applicable state agency or program provider. Any changes to the employment type must be approved by the department.

(4) Individual community-based supported employment services include:

(a) Focused mentoring and extended or ongoing job coaching to sustain employment;

(b) Off-site job coaching, which may be included in an individual's program plan when determined by the individual, provider, and program staff to be the most appropriate strategy to meet the participant's needs;

(c) Provider-directed supervision of a participant, which will be approved when the general community employer requires it as part of the terms of the participant's employment; and

(d) Opportunity for the participant to increase independence in the participant's employment with the competitive employer.

(5) Group community-based supported employment allowable activities are limited to:

(a) Promoting and advocating for increasing the participant's independence, inclusion, integration, and community employment goals;

(b) Supervising, observing, and job coaching of the participant to maintain employment; and

(c) Training for specific job duties and tasks.

(6) Work services area allowable activities are:

(a) Promoting and advocating for increasing the participant's independence, inclusion, integration, and community employment goals;

(b) Supervising, observing, and job coaching of the participant to maintain employment;

(c) Training for specific job duties and tasks;

(d) Training in other skills that increase the participant's employability for group community-based supported employment or individual community-based supported employment;

(e) Providing on-site personal assistance;

(f) Providing simulated work training and work activities, including career counseling and information and referral to other support services by the department; and

(g) Increasing the participant's understanding of various career pathways and expectations of general community employers. These activities will include a component in the greater community, away from the provider-owned facility.

(7) Preapproval is required for needed supports that exceed the individual program plan service level, including:

(a) Short-term additional supports; and

(b) Transportation as approved in the individual plan. One (1) unit of transportation equals one (1) round trip.

(8) Development of individual program plans shall be as follows:

(a) The participant and provider will develop the participant's individual program plan using the program template. The individual program plan will include a brief summary of the participant's involvement.

(b) Individual program plans must be signed by the participant, or legal guardian if applicable, and the provider staff who assisted with the plan preparation.

(c) The provider will not receive payment for any services provided without an approved individual program plan.

(d) Providers are not required to provide services after an individual program plan expires.

(e) An individual program plan must use person-centered principles and people-first language and detail vocational goals, corresponding meaningful measurable objectives, and the participant's desired employment outcomes. A participant's individual program plan goals will be discussed, modified, revised, and updated yearly based on data from the participant's progress reports to help the participant achieve employment goals.

(f) The participant and provider will review progress toward vocational goals and next steps necessary to meet vocational goals. The participant will sign the progress report to acknowledge review of the report. The provider will submit progress reports in the timeline established by the department.

History:

[(56-1804) 56-1704, added 2022, ch. 200, sec. 2, p. 653; am. and redesig. 2023, ch. 218, sec. 21, p. 646.]
Idaho Code § 56-1107 — Idaho Code / Title 56 / Chapter 11 / Section 56-1107
56-1107 FIDUCIARY ORGANIZATIONS — AUTHORITY AND DUTIES.
Status: in_force

56-1107. Fiduciary organizations — Authority and duties. (1) Subject to rules of the individual development account advisory board, a fiduciary organization has sole authority over, and responsibility for, the administration of individual development accounts. The responsibility of the fiduciary organization extends to all aspects of the account program, including marketing to participants, soliciting matching contributions, counseling account holders, providing financial training, and conducting required verification and compliance activities. The fiduciary organization may establish program provisions as the organization believes necessary to ensure account holder compliance with the provisions of this chapter.

(2) A fiduciary organization may act in partnership with other entities, including businesses, government agencies, nonprofit organizations, community development corporations, community action programs, housing authorities and congregations to assist in the fulfillment of fiduciary organization responsibilities under this chapter.

(3) A fiduciary organization may use a reasonable portion of moneys allocated to the individual development account program for administration, operation and evaluation purposes.

(4) A fiduciary organization selected to administer moneys for individual development account purposes or to receive tax deductible contributions shall provide the board with an annual report of the fiduciary organization's individual development account program activity. The report shall be filed no later than ninety (90) days after the end of the fiscal year of the fiduciary organization, or November 1 of each year, whichever occurs first. The report shall include, but not be limited to, the following information for the preceding year:

(a) The number of individual development accounts administered by the fiduciary organization;

(b) The amount of deposits and matching deposits for each account;

(c) The purpose of each account;

(d) The amount of withdrawals made for approved purposes, and the amount of withdrawals made for nonapproved purposes;

(e) The determination of whether certain donors are corporations; and

(f) Any other information the board may require for the purpose of making a return on investment analysis.

History:

[56-1107, added 2002, ch. 149, sec. 1, p. 439.]
Idaho Code § 56-702 — Idaho Code / Title 56 / Chapter 7 / Section 56-702
56-702 RIGHT TO FULL AND FREE USE OF STREETS, HIGHWAYS, PUBLIC BUILDINGS AND PUBLIC FACILITIES.
Status: in_force

56-702. Right to full and free use of streets, highways, public buildings and public facilities. Individuals with disabilities have the same rights and privileges as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other places of public accommodations.

History:

[56-702, added 1969, ch. 69, sec. 2, p. 212; am. 1984, ch. 147, sec. 6, p. 344; am. 2010, ch. 235, sec. 50, p. 589; am. 2019, ch. 213, sec. 11, p. 649.]
Idaho Code § 56-806 — Idaho Code / Title 56 / Chapter 8 / Section 56-806
56-806 USE OF GIFTS OR GRANTS.
Status: in_force

56-806. Use of gifts or grants. All gifts or grants received from private sources for the purpose of this bill shall be used to offset state costs incurred pursuant to this act.

History:

[56-806, added 1974, ch. 61, sec. 6, p. 1139.]
Idaho Code § 56-108 — Idaho Code / Title 56 / Chapter 1 / Section 56-108
56-108 PROPERTY REIMBURSEMENT — FACILITIES WILL BE PAID A PROPERTY RENTAL RATE, PROPERTY TAXES AND REASONABLE PROPERTY INSURANCE.
Status: in_force

PART A

GENERAL PROVISIONS

56-108. Property reimbursement — Facilities will be paid a property rental rate, property taxes and reasonable property insurance. The provisions of this section shall not apply to hospital-based facilities which are subject to the provisions of section 56-120, Idaho Code, or to intermediate care facilities for people with intellectual disabilities which are subject to the provisions of section 56-265, Idaho Code. The provisions of this section are applicable to all other facilities. The property rental rate includes compensation for major movable equipment but not for minor movable equipment. The property rental rate is paid in lieu of payment for amortization, depreciation, and interest for financing the cost of land and depreciable assets. Prior to final audit, the director shall determine an interim rate that approximates the property rental rate. The property rental rate shall be determined as follows:

(1) Except as determined pursuant to this section:

Property rental rate = ("Property base") x ("Change in building

costs") x (40 – "Age of facility")

40

where:

(a) "Property base" = $9.24 for all facilities.

(b) "Change in building costs" = 1.0 from April 1, 1985, through December 31, 1985. Thereafter "Change in building costs" will be adjusted for each calendar year to reflect the reported annual change in the building cost index for a class D building in the western region, as of September of the prior year, published by the Marshall Swift Valuation Service. However, for freestanding skilled care facilities "change in building costs" = 1.145 from July 1, 1991, through December 31, 1991. Thereafter, change in building costs for freestanding skilled care facilities will be adjusted each calendar year to reflect the reported annual change in the building cost index for a class D building in the western region, as of September of the prior year as published by the Marshall Swift Valuation Service or the consumer price index for renter's costs available in September of the prior year, whichever is greater.

(c) "Age of facility" = the director shall determine the effective age, in years, of the facility by subtracting the year in which the facility, or portion thereof, was constructed from the year in which the rate is to be applied. No facility or portion thereof shall be assigned an age of more than thirty (30) years. However, beginning July 1, 1991, for freestanding skilled care facilities, "age of facility" will be a revised age which is the lesser of the age established under other provisions of this section or the age which most closely yields the rate allowable to existing facilities as of June 30, 1991, under subsection (1) of this section. This revised age shall not increase over time.

(i) If adequate information is not submitted by the facility to document that the facility, or portion thereof, is newer than thirty (30) years, the director shall set the effective age at thirty (30) years. Adequate documentation shall include, but not be limited to, such documents as copies of building permits, tax assessors' records, receipts, invoices, building contracts, and original notes of indebtedness. The director shall compute an appropriate age for facilities when documentation is provided to reflect expenditures for building expansion or remodeling prior to the effective date of this section. The computation shall decrease the age of a facility by an amount consistent with the expenditure and the square footage impacted and shall be calculated as follows:

1. Determine, according to indexes published by the Marshall Swift Valuation Service, the construction cost per square foot of an average class D convalescent hospital in the western region for the year in which the expansion or renovation was completed.

2. Multiply the total square footage of the building following the expansion or renovation by the cost per square foot to establish the estimated replacement cost of the building at that time.

3. The age of the building at the time of construction shall be multiplied by the quotient of total actual renovation or remodeling costs divided by replacement cost. If this number is equal to or greater than 2.0, the age of the building in years will be reduced by this number, rounded to the nearest whole number. In no case will the age be less than zero (0).

(ii) The director shall adjust the effective age of a facility when major repairs, replacement, remodeling or renovation initiated after April 1, 1985, would result in a change in age of at least one (1) year. Such changes shall not increase the allowable property rental rate by more than three-fourths (3/4) of the difference between the adjusted property base determined in subsections (1)(a) and (1)(b) of this section and the rental rate paid to the facility at the time of completion of such changes but before the change component has been added to said rate. The adjusted effective age of the facility will be used in future age determinations, unless modified by provisions of this chapter.

(iii) The director shall allow for future adjustments to the effective age of a facility or its rate to reimburse an appropriate amount for property expenditures resulting from new requirements imposed by state or federal agencies. The director shall, within twelve (12) months of verification of expenditure, reimburse the medicaid share of the entire cost of such new requirements as a one-time payment if the incurred cost for a facility is less than one hundred dollars ($100) per bed.

(d) At no time shall the property rental rate, established under subsection (1) of this section, be less than that allowed in subsection (1)(c)(ii), with the rate in effect December 31, 1988, being the base. However, subsequent to the application of this paragraph, before any rate increase may be paid, it must first be offset by any rate decrease that would have been realized if the provisions of this paragraph had not been in effect.

(2) A "grandfathered rate" for existing facilities will be determined by dividing the audited allowable annual property costs, exclusive of taxes and insurance, for assets on hand as of January 1, 1985, by the total patient days in the period July 1, 1984, through June 30, 1985. The property rental rate will be the greater of the amount determined pursuant to subsection (1) of this section, or the grandfathered rate. The director shall adjust the grandfathered rate of a facility to compensate the owner for the cost of major repairs, replacement, expansion, remodeling and renovation initiated prior to April 1, 1985, and completed after January 1, 1985, but completed no later than December 31, 1985. For facilities receiving a grandfathered rate making major repairs, replacement, expansion, remodeling or renovation, initiated after January 1, 1986, the director shall compare the grandfathered rate of the facility to the actual depreciation, amortization, and interest for the current audit period plus the per diem of the recognized cost of major repairs, replacement, expansion, remodeling or renovation, amortized over the American hospital association guideline component useful life. The greater of the two (2) numbers will be allowed as the grandfathered rate. Such changes shall not increase the allowable grandfathered rate by more than three-fourths (3/4) of the difference between the current grandfathered rate and the adjusted property base determined in subsections (1)(a) and (1)(b) of this section.

(3) The property rental rate per day of care paid to facilities with leases signed prior to March 30, 1981, will be the sum of the annualized allowed lease costs and the other annualized property costs for assets on hand as of January 1, 1985, exclusive of taxes and insurance when paid separately, divided by total patient days in the period June 30, 1983, through July 1, 1984. Effective July 1, 1989, the director shall adjust the property rental rate of a leased skilled facility under this paragraph to compensate for the cost of major repairs, replacement, expansion, remodeling and renovation initiated after January 1, 1985, by adding the per diem of the recognized cost of such expenditures amortized over the American hospital association guideline component useful life. Such addition shall not increase the allowable property rental rate by more than three-fourths (3/4) of the difference between the current property rental rate and the adjusted property base as determined in paragraphs (a) and (b) of subsection (1) of this section. Where such leases contain provisions that bind the lessee to accept an increased rate, reimbursement shall be at a rate per day of care which reflects the increase in the lease rate. Where such leases bind the lessee to the lease and allow the rate to be renegotiated, reimbursement shall be at a rate per day of care which reflects an annual increase in the lease rate not to exceed the increase in the consumer price index for renters costs. After the effective date of this subsection, if such a lease is terminated or if the lease allows the lessee the option to terminate other than by purchase of the facility, the property rental rate shall become the amount determined by the formula in subsection (1) of this section as of the date on which the lease is or could be terminated.

(4) (a) In the event of a sale, the buyer shall receive the property rental rate as provided in subsection (1) of this section, except under the conditions of paragraph (b) of this subsection or except in the event of the first sale for a freestanding skilled care facility receiving a grandfathered rate after June 30, 1991, whereupon the new owner shall receive the same rate that the seller would have received at any given point in time.

(b) In the event of a forced sale of a facility where the seller has been receiving a grandfathered rate, the buyer will receive a rate based upon his incurred property costs, exclusive of taxes and insurance, for the twelve (12) months following the sale, divided by the facility's total patient days for that period, or the property rental rate, whichever is higher, but not exceeding the rate that would be due the seller.

History:

[56-108, added 1985, ch. 128, sec. 3, p. 316; am. 1986, ch. 87, sec. 3, p. 253; am. 1989, ch. 417, sec. 1, p. 1018; am. 1990, ch. 67, sec. 1, p. 146; am. 1991, ch. 160, sec. 1, p. 384; am. 1993, ch. 351, sec. 1, p. 1307; am. 1999, ch. 82, sec. 3, p. 271; am. 2010, ch. 235, sec. 42, p. 579; am. 2011, ch. 164, sec. 3, p. 463.]
Idaho Code § 56-261 — Idaho Code / Title 56 / Chapter 2 / Section 56-261
56-261 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

56-261. Legislative Findings and Intent. (1) The legislature finds that the current health care delivery system of payment to medicaid health care providers on a fee for service basis does not provide the appropriate incentives and can be improved by incorporating managed care tools, including capitation and selective contracting, with the objective of moving toward an accountable care system that results in improved health outcomes.

(2) The legislature intends that the provisions of sections 56-260 through 56-266, Idaho Code, result in the improved health of public assistance recipients while, at the same time, increasing the choices and responsibilities of those recipients. The legislature further intends that these sections result in improved business practices of providers.

(3) The legislature directs the department to pursue opportunities in the medicaid program that result in safe and appropriate discharge from public and private institutions including nursing homes, intermediate care facilities and psychiatric facilities into community settings and that such results should be financially sustainable.

(4) Price increases should be implemented only through specific appropriation authority unless the adjustments are specified in federal law.

History:

[56-261, added 2011, ch. 164, sec. 12, p. 472.]
Idaho Code § 56-214 — Idaho Code / Title 56 / Chapter 2 / Section 56-214
56-214 AWARD OF PUBLIC ASSISTANCE — INELIGIBILITY UPON TRANSFER OF PROPERTY.
Status: in_force

56-214. Award of public assistance — Ineligibility upon transfer of property. [effective until January 1, 2027] (1) Upon the completion of the investigation, the state department shall determine whether the applicant is eligible for public assistance under the provisions of this act, the type and amount of public assistance he shall receive, and the date upon which such public assistance shall begin. Public assistance shall be paid in the manner prescribed by the state department.

(2) Assistance to families with children shall not be granted under this act to any person who within six (6) months prior to applying for or at any time during which such assistance is received, has either made an assignment or transfer of property for the purpose of rendering himself eligible for assistance under this act, or who has divested himself of any interest in property without adequate consideration which interest or proceeds therefrom could reasonably be expected to contribute to the support and maintenance of such person and his family, except that any person who is ineligible for public assistance due solely to such assignment or transfer shall become eligible provided:

(a) There is a showing that such person has caused such property to be assigned or transferred back to him; or

(b) There is a showing that the person to whom such property is assigned or transferred has, subsequent to such assignment or transfer, met subsistence and medical care costs exclusive of any obligation for support, of such person or family, according to the department's assistance standard, equal to, or in excess of, the market value of the property so assigned or transferred; or

(c) There is a showing that the subsistence and medical care costs of such person, according to the department's assistance standard, subsequent to such assignment or transfer, equal or exceed the market value of the property so assigned or transferred.

(3) Eligibility for old age assistance under section 56-207, Idaho Code, or aid to the blind under section 56-208, Idaho Code, shall be determined by continuing to consider as available any resource that was transferred prior to July 1, 1988, until such resource is fully accounted for under the provisions of section 1613(c) of the social security act as such section read on June 30, 1988.

(4) Eligibility for medical assistance under section 56-209b, Idaho Code, shall continue to apply the rules of the director of the department of health and welfare concerning transfer of property as such rules read on October 29, 1988, to transfers that occur prior to July 1, 1989, to persons other than to the spouse of the person receiving or applying for medical assistance, and to interspousal transfers that occur prior to October 1, 1989.

(5) The provisions of section 1917(c) of the social security act as amended by public law 100-360 and further amended by public law 100-485 and as hereafter amended shall apply as of July 1, 1989, to transfers of assets other than to the spouse, and as of October 1, 1989, to transfers between spouses, except that such provisions shall not apply either to transfers that occurred before July 1, 1988, or to transfers that have been fully accounted for under subsection (4) of this section. Notwithstanding the foregoing, any transfer of assets not otherwise specifically permitted by federal law or rule of the department not for fair market value is presumed to be for the purpose of sheltering assets to qualify for medical assistance. Such assets transferred shall be counted as available in determining eligibility, and will subject the applicant to penalties prescribed by the director, unless the applicant for assistance can demonstrate by clear and convincing evidence that the transfer was intended for another purpose.

(6) Any funds, securities, accounts, contracts and all other property held in or transferred to a special needs trust as provided in chapter 14, title 68, Idaho Code, section 15-5-409, Idaho Code, and section 15-5-409a, Idaho Code, shall not be considered by the state department in determining whether the applicant is eligible for public assistance under the provisions of this act, so long as the action is permitted under the provisions of section 1917(c) and (d) of the social security act, as amended.

(7) If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.

56-214. Award of public assistance — Ineligibility upon transfer of property. [effective January 1, 2027] (1) Upon the completion of the investigation, the state department shall determine whether the applicant is eligible for public assistance under the provisions of this act, the type and amount of public assistance he shall receive, and the date upon which such public assistance shall begin. Public assistance shall be paid in the manner prescribed by the state department.

(2) Assistance to families with children shall not be granted under this act to any person who within six (6) months prior to applying for or at any time during which such assistance is received, has either made an assignment or transfer of property for the purpose of rendering himself eligible for assistance under this act, or who has divested himself of any interest in property without adequate consideration which interest or proceeds therefrom could reasonably be expected to contribute to the support and maintenance of such person and his family, except that any person who is ineligible for public assistance due solely to such assignment or transfer shall become eligible provided:

(a) There is a showing that such person has caused such property to be assigned or transferred back to him; or

(b) There is a showing that the person to whom such property is assigned or transferred has, subsequent to such assignment or transfer, met subsistence and medical care costs exclusive of any obligation for support, of such person or family, according to the department's assistance standard, equal to, or in excess of, the market value of the property so assigned or transferred; or

(c) There is a showing that the subsistence and medical care costs of such person, according to the department's assistance standard, subsequent to such assignment or transfer, equal or exceed the market value of the property so assigned or transferred.

(3) Eligibility for old age assistance under section 56-207, Idaho Code, or aid to the blind under section 56-208, Idaho Code, shall be determined by continuing to consider as available any resource that was transferred prior to July 1, 1988, until such resource is fully accounted for under the provisions of section 1613(c) of the social security act as such section read on June 30, 1988.

(4) Eligibility for medical assistance under section 56-209b, Idaho Code, shall continue to apply the rules of the director of the department of health and welfare concerning transfer of property as such rules read on October 29, 1988, to transfers that occur prior to July 1, 1989, to persons other than to the spouse of the person receiving or applying for medical assistance, and to interspousal transfers that occur prior to October 1, 1989.

(5) The provisions of section 1917(c) of the social security act as amended by public law 100-360 and further amended by public law 100-485 and as hereafter amended shall apply as of July 1, 1989, to transfers of assets other than to the spouse, and as of October 1, 1989, to transfers between spouses, except that such provisions shall not apply either to transfers that occurred before July 1, 1988, or to transfers that have been fully accounted for under subsection (4) of this section. Notwithstanding the foregoing, any transfer of assets not otherwise specifically permitted by federal law or rule of the department not for fair market value is presumed to be for the purpose of sheltering assets to qualify for medical assistance. Such assets transferred shall be counted as available in determining eligibility, and will subject the applicant to penalties prescribed by the director, unless the applicant for assistance can demonstrate by clear and convincing evidence that the transfer was intended for another purpose.

(6) Any funds, securities, accounts, contracts and all other property held in or transferred to a special needs trust as provided in chapter 14, title 68, Idaho Code, and chapter 5, title 15, Idaho Code, shall not be considered by the state department in determining whether the applicant is eligible for public assistance under the provisions of this act, so long as the action is permitted under the provisions of section 1917(c) and (d) of the social security act, as amended.

(7) If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.

History:

[56-214, added 1941, ch. 181, sec. 14, p. 379; am. 1943, ch. 119, sec. 1, p. 228; am. 1951, ch. 246, sec. 4, p. 520; am. 1974, ch. 233, sec. 8, p. 1590; am. 1978, ch. 74, sec. 1, p. 148; am. 1981, ch. 121, sec. 1, p. 208; am. 1989, ch. 67, sec. 2, p. 108; am. 1995, ch. 214, sec. 4, p. 746; am. 1996, ch. 50, sec. 8, p. 150; am. 2002, ch. 279, sec. 1, p. 815; am. 2007, ch. 248, sec. 1, p. 728; am. 2008, ch. 146, sec. 1, p. 430; am. 2025, ch. 82, sec. 106, p. 389; am. 2026, ch. 79, sec. 27, p. 417.]
Idaho Code § 56-1045 — Idaho Code / Title 56 / Chapter 10 / Section 56-1045
56-1045 INSPECTION.
Status: in_force

56-1045. Inspection. The department or its duly authorized representative shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of sections 56-1041 through 56-1053, Idaho Code, and rules issued thereunder, except that entry into areas under the exclusive jurisdiction of the federal government, or security areas under the direct or indirect jurisdiction of the federal government, shall be effected only with the concurrence of the federal government or its duly designated representative.

History:

[56-1045, added 2001, ch. 110, sec. 40, p. 393.]
Idaho Code § 56-1401 — Idaho Code / Title 56 / Chapter 14 / Section 56-1401
56-1401 SHORT TITLE — LEGISLATIVE INTENT.
Status: in_force

56-1401. Short title — Legislative intent. (1) This chapter shall be known and may be cited as the "Idaho Hospital Assessment Act."

(2) It is the intent of the legislature to encourage the maximization of financial resources eligible and available for medicaid services by establishing a fund within the Idaho department of health and welfare to receive private hospital assessments to use in securing federal matching funds under federally prescribed upper payment limit and disproportionate share hospital programs available through the state medicaid plan.

History:

[56-1401, added 2010, ch. 186, sec. 7, p. 396.]
Idaho Code § 56-406 — Idaho Code / Title 56 / Chapter 4 / Section 56-406
56-406 PROCEDURE FOR MAKING DISBURSEMENTS.
Status: in_force

56-406. Procedure for making disbursements. For disbursements as described in section 56-405(a), Idaho Code, the director shall make requisition to the state controller upon vouchers, showing the director's approval of such disbursements, and certifying to the participation therein of federal funds as described in said section 56-405(a), Idaho Code. Upon the presentation of such vouchers, the state controller shall issue warrants on the state treasury against the cooperative welfare fund, payable to the persons named by the director in the amounts allowed by it, as indicated upon the vouchers. Such warrants shall be transmitted by the state controller to the director of the department of health and welfare for distribution. Requisitions and vouchers for disbursements described in section 56-405(a), Idaho Code, shall be subject to examination by the state controller in order to determine that the account is in proper form, that the totals carried thereon are correct, and that there are funds in the state treasury out of which the same may lawfully be paid.

History:

[56-406, added 1941, ch. 180, sec. 6, p. 376; 1972, ch. 196, sec. 16, p. 483; am. 1974, ch. 23, sec. 173, p. 633; am. 1994, ch. 180, sec. 109, p. 499.]
Idaho Code § 56-1010 — Idaho Code / Title 56 / Chapter 10 / Section 56-1010
56-1010 COMMENCEMENT OF CIVIL ENFORCEMENT ACTIONS — CRIMINAL ACTIONS AUTHORIZED — DUTIES OF ATTORNEY GENERAL.
Status: in_force

56-1010. Commencement of civil enforcement actions — Criminal actions authorized — Duties of attorney general. Upon request of the director, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in section 56-1009, Idaho Code, and to prosecute actions or proceedings for the enforcement of any criminal provisions of this chapter. In addition, when deemed by the director to be necessary, the director may retain or employ private counsel. The attorney general may delegate the authority and duty under this section to prosecute criminal actions to the prosecuting attorney of the county in which such a criminal action may arise.

History:

[56-1010, added 2001, ch. 110, sec. 3, p. 377.]
Idaho Code § 56-902 — Idaho Code / Title 56 / Chapter 9 / Section 56-902
56-902 ASSISTANCE RATE DISCOUNT — FORM — APPLICABLE SERVICES — AMOUNT — APPLICATION.
Status: in_force

56-902. Assistance rate discount — Form — Applicable services — Amount — Application. (1) Telecommunication carriers providing residential basic local service shall provide assistance in the form of a monthly discount to eligible subscribers of residential basic local service of two dollars and fifty cents ($2.50). In no case will the discount exceed the rate charged for the grade of residential basic local service subscribed to by each eligible individual. The Idaho telecommunications service assistance plan shall only be used to provide for a single line at the subscriber household.

(2) The providers of residential basic local service and the Idaho department of health and welfare shall comply with all requirements expressly provided by federal order, regulation and statute for eligible subscribers to qualify for the federal "lifeline" telephone assistance program. In accordance with federal law, the Idaho public utilities commission may grant waivers to carriers of residential basic local service from providing certain services to eligible subscribers.

History:

[56-902, added 1987, ch. 328, sec. 1, p. 687; am. 1998, ch. 37, sec. 9, p. 163; am. 2013, ch. 186, sec. 2, p. 446.]
Idaho Code § 56-705 — Idaho Code / Title 56 / Chapter 7 / Section 56-705
56-705 CIVIL LIABILITY FOR INTENTIONAL VIOLATION OF STATUTES PROTECTING DISABLED PERSONS.
Status: in_force

56-705. Civil liability for intentional violation of statutes protecting disabled persons. Civil action may be brought against any person intentionally violating the provisions of section 18-5811, 18-5811A, 18-5812 or 18-5812A, Idaho Code, with judgment awarded upon proof of the elements to a preponderance of the evidence. As a part of any such civil judgment, a successful plaintiff shall be awarded punitive damages in an amount equal to all other damages suffered by the plaintiff, but in no event less than five hundred dollars ($500). The failure of a disabled person to use an assistance device or a service dog shall not be held to constitute nor be evidence of contributory negligence in any civil action.

History:

[56-705, added 1997, ch. 267, sec. 12, p. 768; am. 2019, ch. 213, sec. 16, p. 650.]
Idaho Code § 56-209l — Idaho Code / Title 56 / Chapter 2 / Section 56-209l
56-209l TREATMENT PROVISIONS.
Status: in_force

56-209l. Treatment provisions. The department shall refer for appropriate evaluation and provide for the treatment of any applicant or participant who, in the reasonable suspicion of the department, is engaged in substance abuse. Treatment shall be community-based and gender-specific. The department shall provide for the transportation and child care needs of the applicant if necessary. TAFI benefits or services may be denied to any applicant or participant who refuses to cooperate with reasonable screening, testing or treatment requests, or who, based on a preponderance of the evidence, engages in substance abuse following treatment. Any individual referred to treatment shall be notified of the local treatment programs appropriate to that person's needs.

History:

[56-209l, added 2000, ch. 467, sec. 4, p. 1449.]
Idaho Code § 56-404 — Idaho Code / Title 56 / Chapter 4 / Section 56-404
56-404 TRANSFER OF FUNDS FROM GENERAL FUND TO WELFARE FUND.
Status: in_force

56-404. Transfer of funds from general fund to welfare fund. Upon the approval of the claim upon the general fund by the state board of examiners, the state controller and the state treasurer shall transfer the approved amount from the general fund to the cooperative welfare fund. Any unexpended balance in the cooperative welfare fund at the end of any month shall be subject to disbursement in accordance with the terms of this act in any subsequent month.

History:

[56-404, added 1941, ch. 180, sec. 4, p. 376; am. 1994, ch. 180, sec. 108, p. 498.]
Idaho Code § 56-2702 — Idaho Code / Title 56 / Chapter 25 / Section 56-2702
56-2702 BACKGROUND CHECKS AUTHORIZED — CONFIDENTIALITY.
Status: in_force

56-2502 [56-2702]. background checks authorized — confidentiality. (1) The department is authorized to conduct background checks of applicants pursuant to this chapter. To carry out the purposes of this chapter, the department shall submit fingerprints to the Idaho state police to process background checks through the state criminal history repository and the federal bureau of investigation.

(2) The records and information obtained as part of any background check are confidential and shall not be disclosed by the department except as permitted under applicable state or federal law.

History:

[(56-2702) 56-2502, added 2026, ch. 220, sec. 1, p. 919.]
Idaho Code § 56-601 — Idaho Code / Title 56 / Chapter 6 / Section 56-601
56-601 POLICY.
Status: in_force

56-601. Policy. It is hereby declared to be the policy of this state to conserve and develop the youth resources thereof, which is the source of our state's future citizens and taxpayers, and likewise to conserve and develop the natural resources of our state as a trust held by us for these future citizens, and it is the urgent duty of the state to conserve the youth as well as the natural resources thereof.

History:

[56-601, added 1963, ch. 126, sec. 1, p. 370.]
Idaho Code § 56-268 — Idaho Code / Title 56 / Chapter 2 / Section 56-268
56-268 SUPPLEMENTAL MEDICAID REIMBURSEMENT FOR GROUND EMERGENCY MEDICAL TRANSPORTATION.
Status: in_force

56-268. SUPPLEMENTAL MEDICAID REIMBURSEMENT FOR ground emergency medical TRANSPORTATION. (1) An eligible provider, as described in subsection (2) of this section, in addition to the rate of payment that the provider would otherwise receive for medicaid ground emergency medical transportation services, shall receive supplemental medicaid reimbursement to the extent provided by law.

(2) A provider shall be eligible for supplemental reimbursement only if, during the state fiscal year, the provider:

(a) Provides ground emergency medical transportation services to medicaid beneficiaries;

(b) Is enrolled as a medicaid provider for the period being claimed; and

(c) Is owned or operated by the state or a political subdivision of the state that employs or contracts with persons who are licensed to provide emergency medical services in the state of Idaho.

(3) An eligible provider's supplemental reimbursement pursuant to this section shall be calculated and paid as follows:

(a) The supplemental reimbursement to an eligible provider, as described in subsection (2) of this section, shall be equal to the amount of federal financial participation received because of the claims submitted pursuant to subsection (6)(b) of this section;

(b) In no instance may the amount certified pursuant to subsection (5)(a) of this section, when combined with the amount received from all other sources of reimbursement from the medicaid program, exceed one hundred percent (100%) of actual costs, as determined pursuant to the medicaid state plan, for ground emergency medical transportation services; and

(c) The supplemental medicaid reimbursement provided by this section must be distributed exclusively to eligible providers under a payment methodology based on ground emergency medical transportation services provided to medicaid beneficiaries by eligible providers on a per-transport basis or other federally permissible basis. The state department of health and welfare shall obtain approval from the centers for medicare and medicaid services for the payment methodology to be utilized and shall not make any payment pursuant to this section prior to obtaining that approval.

(4)(a) It is the legislature's intent in enacting this section to provide the supplemental reimbursement described in this section without any expenditure from the state general fund. An eligible provider, as a condition of receiving supplemental reimbursement pursuant to this section, shall enter into and maintain an agreement with the state department of health and welfare for the purposes of implementing this section and reimbursing the state for the costs of administering this section.

(b) The nonfederal share of the supplemental reimbursement submitted to the centers for medicare and medicaid services for purposes of claiming federal financial participation shall be paid only with funds from the governmental entities described in subsection (2)(c) of this section and certified to the state as provided in subsection (5) of this section.

(5) Participation in the program by an eligible provider described in this section is voluntary. If an applicable governmental entity elects to seek supplemental reimbursement pursuant to this section on behalf of an eligible provider, the governmental entity shall do the following:

(a) Certify, in conformity with the requirements of 42 CFR 433.51 or a successor regulation, that the claimed expenditures for the ground emergency medical transportation services are eligible for federal financial participation;

(b) Provide evidence supporting the certification as specified by the state department of health and welfare;

(c) Submit data as specified by the state department of health and welfare to determine the appropriate amounts to claim as expenditures qualifying for federal financial participation; and

(d) Keep, maintain, and have readily retrievable any records specified by the state department of health and welfare to fully disclose reimbursement amounts to which the eligible provider is entitled and any other records required by the centers for medicare and medicaid services.

(6) The state department of health and welfare shall promptly seek any necessary federal approval for the implementation of this section. The department may limit the program to those costs that are allowable expenditures under title XIX of the social security act, 42 U.S.C. 1396 et seq. If federal approval is not obtained for implementation of this section, then this section shall not be implemented.

(a) The state department of health and welfare shall submit claims for federal financial participation for the expenditures for the services described in this section that are allowable expenditures under federal law.

(b) The state department of health and welfare shall submit any necessary materials to the federal government to provide assurances that claims for federal financial participation will include only those expenditures that are allowable under federal law.

History:

[56-268, added 2022, ch. 67, sec. 1, p. 203.]
Idaho Code § 56-2707 — Idaho Code / Title 56 / Chapter 25 / Section 56-2707
56-2707 LIMITATION ON LIABILITY.
Status: in_force

56-2507 [56-2707]. limitation on liability. The department or an employer that acts in reasonable reliance on the clearance determination of a background check of an applicant in making an employment decision is immune from liability for that decision when it is based on such clearance determination.

History:

[(56-2707) 56-2507, added 2026, ch. 220, sec. 1, p. 920.]
Idaho Code § 56-235 — Idaho Code / Title 56 / Chapter 2 / Section 56-235
56-235 SOUTHWEST IDAHO TREATMENT CENTER.
Status: in_force

56-235. southwest Idaho treatment center. The establishment by law of the southwest Idaho treatment center at Nampa, Idaho, is hereby ratified and affirmed, and its operation continued; provided, however, that on and after the effective date of this act, the treatment center shall be in the general supervision, control and government of the state department of health and welfare. All rights and title to property, real and personal, belonging to or vested in the state board of health and welfare are hereby transferred and vested in the state department of health and welfare. The state department is empowered to acquire, by purchase or exchange, any property that in the judgment of the department is needful for the operation of the treatment center, and to dispose of, by sale or exchange, any property that in the judgment of the department is not needful for the operation of the same. The department of health and welfare shall have authority to administer the treatment center, to employ and release such personnel as are required for the operation of the treatment center, fix salaries, and to perform any other necessary and proper functions in the efficient and beneficial operation of the treatment center.

History:

[56-235, added 1972, ch. 44, sec. 7, p. 67; am. 1974, ch. 23, sec. 166, p. 633; am. 2011, ch. 102, sec. 3, p. 262; am. 2022, ch. 60, sec. 3, p. 185.]
Idaho Code § 56-1009 — Idaho Code / Title 56 / Chapter 10 / Section 56-1009
56-1009 INVESTIGATION — INSPECTION — RIGHT OF ENTRY — VIOLATION — ENFORCEMENT — PENALTY — INJUNCTIONS.
Status: in_force

56-1009. Investigation — Inspection — Right of entry — Violation — Enforcement — Penalty — Injunctions. (1) The director shall cause investigations to be made upon receipt of information concerning an alleged violation of this chapter or of any rule, permit or order promulgated thereunder, and may cause to be made such other investigations as the director shall deem advisable.

(2) For the purpose of enforcing any provision of this chapter or any rule authorized in this chapter, the director or the director's designee shall have the authority to:

(a) Conduct a program of continuing surveillance and of regular or periodic inspection of actual or potential health hazards;

(b) Enter at all reasonable times upon any private or public property, upon presentation of appropriate credentials, for the purpose of inspecting or investigating to ascertain possible violations of this chapter or of rules, permits or orders adopted and promulgated by the director or the board;

(c) All inspections and investigations conducted under the authority of this chapter shall be performed in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the United States and section 17, article I, of the constitution of the state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless searches of private property in the absence of either consent from the property owner or occupier or exigent circumstances such as a public health emergency;

(d) Any district court in and for the county in which the subject property is located is authorized to issue a search warrant to the director upon a showing of (i) probable cause to suspect a violation, or (ii) the existence of a reasonable program of inspection. Any search warrant issued under the authority of this chapter shall be limited in scope to the specific purposes for which it is issued and shall state with specificity the manner and the scope of the search authorized.

(3) Whenever the director determines that any person is in violation of any provision of this chapter or any rule, permit or order issued or promulgated pursuant to this chapter, the director may commence either of the following:

(a) Administrative enforcement action.

(i) Notice. The director may commence an administrative enforcement action by issuing a written notice of violation. The notice of violation shall identify the alleged violation with specificity, shall specify each provision of the chapter, rule, regulation, permit or order which has been violated, and shall state the amount of civil penalty claimed for each violation. The notice of violation shall inform the person to whom it is directed of an opportunity to confer with the director or the director's designee in a compliance conference concerning the alleged violation. A written response may be required within fifteen (15) days of receipt of the notice of violation by the person to whom it is directed.

(ii) Scheduling compliance conference. If a recipient of a notice of violation contacts the department within fifteen (15) days of the receipt of the notice, the recipient shall be entitled to a compliance conference. The conference shall be held within twenty (20) days of the date of receipt of the notice, unless a later date is agreed upon between the parties. If a compliance conference is not requested, the director may proceed with a civil enforcement action as provided in paragraph (b) of this subsection.

(iii) Compliance conference. The compliance conference shall provide an opportunity for the recipient of a notice of violation to explain the circumstances of the alleged violation and, where appropriate, to present a proposal for remedying damage caused by the alleged violation and assuring future compliance.

(iv) Consent order. If the recipient and the director agree on a plan to remedy damage caused by the alleged violation and to assure future compliance, they may enter into a consent order formalizing their agreement. The consent order may include a provision providing for payment of any agreed civil penalty.

(v) Effect of consent order. A consent order shall be effective immediately upon signing by both parties and shall preclude any civil enforcement action for the same alleged violation. If a party does not comply with the terms of the consent order, the director may seek and obtain, in any appropriate district court, specific performance of the consent order and such other relief as authorized in this chapter.

(vi) Failure to reach consent order. If the parties cannot reach agreement on a consent order within sixty (60) days after the receipt of the notice of violation or if the recipient does not request a compliance conference pursuant to paragraph (a)(ii) of this section, the director may commence and prosecute a civil enforcement action in district court, in accordance with subsection (b) of this section.

(b) Civil enforcement action. The director may initiate a civil enforcement action through the attorney general as provided in section 56-1010, Idaho Code. Civil enforcement actions shall be commenced and prosecuted in the district court in and for the county in which the alleged violation occurred, and may be brought against any person who is alleged to have violated any provision of this chapter or any rule, permit or order which has become effective pursuant to this chapter. Such action may be brought to compel compliance with any provision of this chapter or with any rule, permit or order promulgated hereunder and for any relief or remedies authorized in this chapter. The director shall not be required to initiate or prosecute an administrative action before initiating a civil enforcement action.

(4) No civil or administrative proceeding may be brought to recover for a violation of any provision of this chapter or a violation of any rule, permit or order issued or promulgated pursuant to this chapter, more than two (2) years after the director had knowledge or ought reasonably to have had knowledge of the violation.

(5) Monetary penalties.

(a) Any person determined in a civil enforcement action to have violated any provision of this chapter or any rule, permit or order promulgated pursuant to this chapter shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) per violation or one thousand dollars ($1,000) for each day of a continuing violation, whichever is greater. The method of recovery of said penalty shall be by a civil enforcement action in the district court in and for the county where the violation occurred. All civil penalties collected under this chapter shall be paid into the general fund of the state. Parties to an administrative enforcement action may agree to a civil penalty as provided in this subsection.

(b) The imposition or computation of monetary penalties may take into account the seriousness of the violation and any good faith efforts by the person to comply with the law.

(6) In addition to such civil penalties, any person who has been determined to have violated the provisions of this chapter or the rules, permits or orders promulgated thereunder, shall be liable for any expense incurred by the state in enforcing the chapter, or in enforcing or terminating any nuisance, cause of sickness or health hazard.

(7) No action taken pursuant to the provisions of this chapter or of any other health law shall relieve any person from any civil action and damages that may exist for injury or damage resulting from any violation of this chapter or of the rules, permits and orders promulgated thereunder.

(8) In addition to, and notwithstanding other provisions of this chapter, in circumstances of emergency creating conditions of imminent and substantial danger to the public health, the prosecuting attorney or the attorney general may institute a civil action for an immediate injunction to halt any activity in violation of the provisions of this chapter or rules, permits and orders promulgated thereunder. In such action the court may issue an ex parte restraining order.

History:

[56-1009, added 2001, ch. 110, sec. 2, p. 375.]
Idaho Code § 56-1051 — Idaho Code / Title 56 / Chapter 10 / Section 56-1051
56-1051 PROHIBITED USES.
Status: in_force

56-1051. Prohibited uses. (1) It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any x-ray producing machine unless licensed by or registered with, or exempted by the department in accordance with the provisions of sections 56-1041 through 56-1053, Idaho Code.

(2) It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any other x-ray producing machine that has been identified by the department as presenting a potential hazard unless such x-ray producing machine is licensed by or registered by the department in accordance with the provisions of sections 56-1041 through 56-1053, Idaho Code.

History:

[56-1051, added 2001, ch. 110, sec. 46, p. 394.]
Idaho Code § 56-227E — Idaho Code / Title 56 / Chapter 2 / Section 56-227E
56-227E OBSTRUCTION OF INVESTIGATION.
Status: in_force

56-227E. Obstruction of investigation. (1) An obstruction of investigation consists of knowingly:

(a) Providing false information to, or knowingly withholding information from, any person requesting such information if that person is authorized to investigate a violation of this chapter or to enforce the criminal or civil remedies of this chapter where that information is properly requested and is material to the investigation or enforcement; or

(b) Altering any document or record required to be retained pursuant to this chapter or any rule issued by the department of health and welfare, when the alteration is intended to mislead an investigation and concerns information material to that investigation.

(2) Whoever commits an obstruction of investigation shall be guilty of a felony and shall be sentenced pursuant to the provisions of section 18-112, Idaho Code.

History:

[56-227E, added 2007, ch. 341, sec. 9, p. 1011.]
Idaho Code § 56-1406 — Idaho Code / Title 56 / Chapter 14 / Section 56-1406
56-1406 INPATIENT AND OUTPATIENT ADJUSTMENT PAYMENTS.
Status: in_force

56-1406. Inpatient and outpatient adjustment payments. All private hospitals, except those exempted under section 56-1408, Idaho Code, shall be eligible for inpatient and outpatient adjustments as follows:

(1) For state fiscal year 2009, the inpatient upper payment limit gap for private hospitals shall be divided by medicaid inpatient days for the same hospitals from calendar year 2007 to establish an average per diem adjustment rate. Each private hospital shall receive an annual payment that is equal to the average per diem adjustment rate multiplied by the hospital's calendar year 2007 medicaid inpatient days. For purposes of this section, "hospital medicaid inpatient days" are days of inpatient hospitalization paid for by the Idaho medical assistance program for the applicable calendar year. Each state fiscal year thereafter shall be determined in the same manner using a rolling yearly schedule to determine the hospital inpatient adjustment payment. In the event that either the inpatient upper payment limit gap for private hospitals or the available hospital assessment funding is lower than anticipated, the department shall apply an across-the-board factor such that the inpatient payment adjustments are maximized, financed entirely from hospital assessment funding, and do not exceed the Idaho inpatient upper payment limit for private hospitals. Payments shall be made no later than thirty (30) days after the receipt of the last deposit of the hospital assessment required in section 56-1404, Idaho Code.

(2) For state fiscal year 2009, the outpatient upper payment limit gap for private hospitals shall be divided by medicaid outpatient hospital reimbursement for the same hospitals from calendar year 2007 to establish an average percentage adjustment rate. Each hospital, except those exempt under section 56-1408, Idaho Code, shall receive an annual payment that is equal to the average percentage adjustment rate multiplied by the hospital's calendar year 2007 hospital medicaid outpatient reimbursement. For purposes of this section, "hospital outpatient reimbursement" is reimbursement for hospital outpatient services paid for by the Idaho medical assistance program for the applicable calendar year. Each state fiscal year thereafter shall be determined in the same manner using a rolling yearly schedule to determine the outpatient hospital adjustment payment. In the event that either the outpatient upper payment limit gap for private hospitals or the available hospital assessment funding is lower than anticipated, the department shall apply an across-the-board factor, such that outpatient adjustment payments are maximized, financed entirely from hospital assessment funding, and do not exceed the Idaho outpatient upper payment limit for private hospitals. Payments shall be made no later than thirty (30) days after the receipt of the last deposit of the hospital assessments required in section 56-1404, Idaho Code.

History:

[56-1406, added 2010, ch. 186, sec. 7, p. 398; am. 2014, ch. 250, sec. 3, p. 631.]
Idaho Code § 56-1305 — Idaho Code / Title 56 / Chapter 13 / Section 56-1305
56-1305 ADMINISTRATION.
Status: in_force

56-1305. Administration. The department and the department of insurance are authorized to adopt rules to implement the provisions of this chapter and for its administration.

History:

[(56-1305) 56-1205, added 2004, ch. 261, sec. 1, p. 738; am. and redesig. 2005, ch. 25, sec. 117, p. 130.]
Idaho Code § 56-803 — Idaho Code / Title 56 / Chapter 8 / Section 56-803
56-803 ESTABLISHMENT OF PROGRAM — PROMULGATION OF RULES AND REGULATIONS.
Status: in_force

56-803. Establishment of program — Promulgation of rules and regulations. The department is responsible for establishing and implementing the provisions of this act. The board of health and welfare is authorized to promulgate such rules and regulations as are necessary to administer this act.

The department shall keep records for purposes of evaluating the effectiveness of this act's implementation.

History:

[56-803, added 1974, ch. 61, sec. 3, p. 1139.]
Idaho Code § 56-120 — Idaho Code / Title 56 / Chapter 1 / Section 56-120
56-120 PROPERTY REIMBURSEMENT FOR HOSPITAL-BASED SKILLED NURSING FACILITIES.
Status: in_force

PART C

HOSPITAL-BASED FACILITIES

56-120. Property reimbursement for hospital-based skilled nursing facilities. In addition to the basic payment per patient-day of care, each hospital-based nursing facility shall be paid on a prospective basis its actual property and utility costs per patient-day, to be determined by dividing its total projected property and utility costs, as calculated from the cost report selected for rate setting, by the total number of patient-days from the same cost reporting period.

History:

[56-120, added 1981, ch. 159, sec. 1, p. 277; am. 1984, ch. 118, sec. 6, p. 269; am. 1985, ch. 128, sec. 9, p. 321; am. 1999, ch. 82, sec. 7, p. 277; am. 2000, ch. 274, sec. 147, p. 881.]
Idaho Code § 56-219 — Idaho Code / Title 56 / Chapter 2 / Section 56-219
56-219 PAYMENT FOR INCOMPETENT RECIPIENT — APPOINTMENT OF GUARDIAN FOR PUBLIC ASSISTANCE.
Status: in_force

56-219. Payment for incompetent recipient — Appointment of guardian for public assistance. If the recipient is under legal disability, or is incompetent or unable to handle the assistance granted him under this act, and has no other legal guardian, the district court, after due notice and hearing, shall appoint, without fee, on petition of the state department, and with the consent of the recipient's nearest kin, next friend, natural guardian or custodian, a capable and trustworthy person as his guardian for public assistance, without bond, whose duty it shall be, without compensation, to receive and disburse the recipient's assistance on his behalf, and to make true and accurate account thereof as often as required by regulation to the state department, and as otherwise provided by law, to the district court. Funds in the hands of such guardian shall be disbursed only for the purposes contemplated by this act, or as directed in the grant thereof.

History:

[56-219, added 1941, ch. 181, sec. 19, p. 379.]
Idaho Code § 56-1803 — Idaho Code / Title 56 / Chapter 18 / Section 56-1803
56-1803 PROGRAM ELIGIBILITY AND ADMINISTRATION.
Status: in_force

56-1803. PROGRAM ELIGIBILITY AND ADMINISTRATION. (1) A person is eligible to participate in the program if the person:

(a) Has a disability that constitutes a barrier to maintaining paid employment without long-term vocational support;

(b) Is sixteen (16) years of age or older; and

(c) Is an Idaho resident.

(2) Program participants may request that the program conduct an additional case review to evaluate service-level needs at any time. The process will be collaborative with the participant and other stakeholders, as appropriate, and include the exchange of information on the array of employment type options.

(a) Case file reviews, interviews, and other methods may be used to determine an individual's service-level needs.

(b) Individuals may be referred to other programs that provide employment or other supports that the extended employment services program does not provide.

(c) In order to receive extended employment services, a participant must either take part in an annual case review or request that the program assume the responsibility for developing an individual program plan with the participant.

(3) Each participant has the right to select the provider used, as applicable to the type and level of services identified, and may choose to receive services from a different provider at any time, subject to provider availability. A participant will contact the program manager to request services from a different approved provider.

(4) Eligible program participants receiving services in any category may choose to receive services in a different category if criteria established by the department are met.

(5) An individual who is unable to participate in program services for any period exceeding the department's timeline will be placed into interrupted service status.

(6) Case closures require written notification to the participant by the provider. A good faith effort must be made to notify the participant if the case is closed. Cases will be closed from the program if one (1) or more of the following reasons are met and documentation in the case record supports such reason:

(a) The participant has moved out of state;

(b) The participant has retired from employment;

(c) The participant no longer needs program services;

(d) The participant is eligible for or utilizing medicaid waiver employment supports for competitive integrated employment;

(e) The employer is providing long-term supports;

(f) The employment type transfer;

(g) The participant is no longer interested in pursuing employment;

(h) The participant is not medically released to work for an extended period of time;

(i) The participant is noncompliant, not following through with program requirements, or no longer able to utilize the program; or

(j) The program manager is unable to locate or contact the participant.

(7) Applicants will be placed on a waiting list by date of program eligibility.

(8) The department will review program service rates and contract with third-party vendors to conduct cost surveys at a minimum of every five (5) years.

History:

[(56-1803) 56-1703, added 2022, ch. 200, sec. 2, p. 652; am. and redesig. 2023, ch. 218, sec. 21, p. 645.]
Idaho Code § 56-1906 — Idaho Code / Title 56 / Chapter 19 / Section 56-1906
56-1906 PENALTIES FOR OBSTRUCTION OR RETALIATION.
Status: in_force

56-1906. Penalties for obstruction or retaliation. Any individual who willfully interferes with or impedes the health and social services ombudsman in the performance of the duties of the ombudsman's office or who retaliates against anyone who files a complaint pursuant to section 56-1903, Idaho Code, shall be guilty of a misdemeanor punishable by a fine of up to one thousand dollars ($1,000) or by imprisonment in the county jail for a term not to exceed six (6) months, or both.

History:

[56-1906, added 2024, ch. 188, sec. 2, p. 683.]
Idaho Code § 56-1408 — Idaho Code / Title 56 / Chapter 14 / Section 56-1408
56-1408 EXEMPTIONS.
Status: in_force

56-1408. Exemptions. (1) State hospital south in Blackfoot, Idaho, state hospital north in Orofino, Idaho, state hospital west in Nampa, Idaho, and the department of veterans affairs medical center in Boise, Idaho, are exempt from the assessment required by section 56-1404, Idaho Code.

(2) A private hospital that does not provide emergency services through an emergency department and is not categorized as "rehabilitation," "psychiatric," or "long-term acute care hospital" as provided in the "application for hospital licenses and annual report" for the most recent year filed with the department of health and welfare is exempt from the assessment required by section 56-1404, Idaho Code.

History:

[56-1408, added 2008, ch. 91, sec. 1, p. 256; am. 2011, ch. 164, sec. 18, p. 475; am. 2022, ch. 60, sec. 6, p. 189; am. 2022, ch. 133, sec. 3, p. 498.]
Idaho Code § 56-265 — Idaho Code / Title 56 / Chapter 2 / Section 56-265
56-265 PROVIDER PAYMENT.
Status: in_force

56-265. provider payment. (1) Where there is an equivalent, the payment to medicaid providers:

(a) May be up to but shall not exceed one hundred percent (100%) of the current medicare rate for primary care procedure codes as defined by the centers for medicare and medicaid services; and

(b) Shall be ninety percent (90%) of the current medicare rate for all other procedure codes.

(2) Where there is no medicare equivalent, the department may promulgate rules, subject to legislative approval, for payment rates. Residential habilitation, personal care services, developmental disability agency services, community-supported employment, and targeted service coordination shall be cost-surveyed annually with fifteen percent (15%) or more of responses being audited. The department shall use information from the cost surveys and other sources to develop payment rates, subject to legislative appropriation. Payment rates shall be developed to include allocations to direct care worker wages, employee-related expenses, program-related expenses, and general and administrative costs.

(a) Providers are required on an annual basis to expend at least the appropriated amount allocated to direct care workers and employee-related expenses to these categories.

(b) Failure of the provider to meet the requirement in paragraph (a) of this subsection may result in a department-approved corrective action plan, closure of intake, or termination of the provider agreement.

(c) The department shall summarize the required cost survey audits in a publicly available report no later than December 31 of each calendar year, with the first report being delivered by December 31, 2027.

(3) Notwithstanding any other provision of this chapter, if the services are provided by a private, freestanding mental health hospital facility that is an institution for mental disease as defined in 42 U.S.C. 1396d(i), the department shall reimburse for inpatient services at a rate not to exceed ninety-one percent (91%) of the current medicare rate within federally allowed reimbursement under the medicaid program. The reimbursement provided for in this subsection shall be effective until July 1, 2021.

(4) The department shall, through the annual budget process, include a line-item request for adjustments to provider rates. All changes to provider payment rates shall be subject to approval of the legislature by appropriation.

(5) Notwithstanding any other provision of this chapter, the department may enter into agreements with providers to pay for services based on their value in terms of measurable health care quality and positive impacts to participant health.

(a) Any such agreement shall be designed to be cost-neutral or cost-saving compared to other payment methodologies.

(b) The department is authorized to pursue waiver agreements with the federal government as needed to support value-based payment arrangements, up to and including fully capitated provider-based managed care.

(c) Beginning with the 2024 performance period and for all future performance periods thereafter, federally qualified health centers and any organization owned and controlled by a federally qualified health center shall be exempt from any financial risk in value-based payment agreements created pursuant to this section.

(6) Medicaid reimbursement for critical access, out-of-state, and state-owned hospitals shall be as follows:

(a) In-state, critical access hospitals as designated according to 42 U.S.C. 1395i-4(c)(2)(B) shall be reimbursed at one hundred one percent (101%) of cost;

(b) Out-of-state hospitals shall be reimbursed at eighty-seven percent (87%) of cost;

(c) State-owned hospitals shall be reimbursed at one hundred percent (100%) of cost; and

(d) Out-of-state hospital institutions for mental disease as defined in 42 U.S.C. 1396d(i) shall be reimbursed at a per diem equivalent to ninety-five percent (95%) of cost.

(7) The department shall equitably reduce net reimbursements for all hospital services, including in-state institutions for mental disease but excluding all hospitals and institutions described in subsection (6) of this section, by amounts targeted to reduce general fund needs for hospital payments by three million one hundred thousand dollars ($3,100,000) in state fiscal year 2020 and eight million seven hundred twenty thousand dollars ($8,720,000) in state fiscal year 2021.

(8) The department shall work with all Idaho hospitals, including institutions for mental disease as defined in 42 U.S.C. 1396d(i), to establish value-based payment methods for inpatient and outpatient hospital services to replace existing cost-based reimbursement methods for in-state hospitals, other than those hospitals and institutions described in subsection (6) of this section, effective July 1, 2021. Budgets for hospital payments shall be subject to prospective legislative approval.

(9) The department shall work with Idaho hospitals to establish a quality payment program for inpatient and outpatient adjustment payments described in section 56-1406, Idaho Code. Inpatient and outpatient adjustment payments shall be subject to increase or reduction based on hospital service quality measures established by the department in consultation with Idaho hospitals.

History:

[56-265, added 2011, ch. 164, sec. 16, p. 475; am. 2015, ch. 301, sec. 1, p. 1182; am. 2016, ch. 173, sec. 1, p. 476; am. 2017, ch. 82, sec. 1, p. 226; am. 2020, ch. 35, sec. 2, p. 70; am. 2025, ch. 118, sec. 5, p. 625; am. 2026, ch. 161, sec. 2, p. 720.]
Idaho Code § 56-218 — Idaho Code / Title 56 / Chapter 2 / Section 56-218
56-218 RECOVERY OF CERTAIN MEDICAL ASSISTANCE.
Status: in_force

56-218. Recovery of certain medical assistance. (1) Except where exempted or waived in accordance with federal law medical assistance pursuant to this chapter paid on behalf of an individual who was fifty-five (55) years of age or older when the individual received such assistance may be recovered from the individual's estate, and the estate of the spouse, if any, for such aid paid to either or both:

(a) There shall be no adjustment or recovery until after the death of both the individual and the spouse, if any, and only at a time when the individual has no surviving child who is under twenty-one (21) years of age or is blind or permanently and totally disabled as defined in 42 U.S.C. 1382c.

(b) While one (1) spouse survives, except where joint probate will be authorized pursuant to section 15-3-111, Idaho Code, a claim for recovery under this section may be established in the estate of the deceased spouse.

(c) The claim against the estate of the first deceased spouse must be made within the time provided by section 15-3-801(b), Idaho Code, if the estate is administered and actual notice is given to the director as required by subsection (5) of this section. However, if there is no administration of the estate of the first deceased spouse, or if no actual notice is given to the director as required by subsection (5) of this section, no claim shall be required until the time provided for creditor claims in the estate of the survivor.

(d) Nothing in this section authorizes the recovery of the amount of any aid from the estate or surviving spouse of a recipient to the extent that the need for aid resulted from a crime committed against the recipient.

(2) Transfers of real or personal property, on or after the look-back dates defined in 42 U.S.C. 1396p, by recipients of such aid, or their spouses, without adequate consideration are voidable and may be set aside by an action in the district court.

(3) Except where there is a surviving spouse, or a surviving child who is under twenty-one (21) years of age or is blind or permanently and totally disabled as defined in 42 U.S.C. 1382c, the amount of any medical assistance paid under this chapter on behalf of an individual who was fifty-five (55) years of age or older when the individual received such assistance is a claim against the estate in any guardianship or conservatorship proceedings and may be paid from the estate.

(4) For purposes of this section, the term "estate" shall include:

(a) All real and personal property and other assets included within the individual's estate, as defined for purposes of state probate law; and

(b) Any other real and personal property and other assets in which the individual had any legal title or interest at the time of death, to the extent of such interest, including such assets conveyed to a survivor, heir, or assign of the deceased individual through joint tenancy, tenancy in common, survivorship, life estate, living trust or other arrangement.

(5) Claims made pursuant to this section shall be classified and paid as a debt with preference as defined in section 15-3-805(5), Idaho Code. Any distribution or transfer of the estate prior to satisfying such claim is voidable and may be set aside by an action in the district court. The personal representative of every estate subject to a claim under this section must, within thirty (30) days of the appointment, give notice in writing to the director of his or her appointment to administer the estate.

(6) The department may file a notice of lien against the property of any estate subject to a claim under this section.

(a) In order to perfect a lien against real or personal property, the department shall, within ninety (90) days after the personal representative or successor makes a written request for prompt action to the director, or three (3) years from the death of the decedent, whichever is sooner, file a notice of lien in the same general form and manner as provided in section 56-218A(3)(a), Idaho Code, in the office of the secretary of state, pursuant to section 45-1904, Idaho Code. Failure to file a notice of lien does not affect the validity of claims made pursuant to this section.

(b) The department may release the lien in whole or in part to permit the estate property to be administered by a court-appointed personal representative.

(c) The department may foreclose its lien, without probate, in any of the following circumstances:

(i) Where no personal representative has been appointed after one (1) year from the date of death of the survivor of both the individual and spouse, if any;

(ii) Where the property has been abandoned by the decedent's heirs or successors, if any;

(iii) Where the real property taxes that are due and payable have remained unpaid for two (2) years and, after demand by the department, the heirs or successors, if any, have failed to seek appointment or pay the property taxes; or

(iv) Where all parties interested in the estate consent to foreclosure of the lien.

(7) The director shall promulgate rules reasonably necessary to implement this section including, but not limited to, rules establishing undue hardship waivers for the following circumstances:

(a) The estate subject to recovery is income-producing property that provides the primary source of support for other family members; or

(b) The estate has a value below an amount specified in the rules; or

(c) Recovery by the department will cause the heirs of the deceased individual to be eligible for public assistance.

(8) The cause of action to void a transfer without adequate consideration established in this section shall not be deemed to have accrued until the department discovers, or reasonably could have discovered, the facts constituting the transfer without adequate consideration.

History:

[56-218, added 1988, ch. 49, sec. 1, p. 73; am. 1994, ch. 329, sec. 1, p. 1059; am. 1995, ch. 105, sec. 1, p. 336; am. 1997, ch. 205, sec. 2, p. 612; am. 1998, ch. 9, sec. 1, p. 106; am. 2004, ch. 216, sec. 1, p. 650; am. 2005, ch. 304, sec. 1, p. 951; am. 2006, ch. 179, sec. 2, p. 554; am. 2008, ch. 182, sec. 7, p. 552.]
Idaho Code § 56-2105 — Idaho Code / Title 56 / Chapter 21 / Section 56-2105
56-2105 PROTECTIVE CUSTODY UPON COURT ORDER — JUDICIAL PROCEDURE.
Status: in_force

56-2105. PROTECTIVE CUSTODY UPON COURT ORDER — JUDICIAL PROCEDURE. (1) Proceedings by a hospital for the involuntary care and treatment of persons likely to have a neurocognitive disorder who are in acute crisis due to an underlying medical condition may be commenced by the filing of a written application for emergency protective placement with a court of competent jurisdiction by a friend, relative, spouse, or guardian of the person, by a health care provider practicing in a hospital, by a prosecuting attorney or other public official of a municipality, county, or the state of Idaho, or by the director of any facility in which such person may be located.

(2) The application for emergency protective placement shall state the name and last known address of the person; the name and address of the spouse, guardian, next of kin, or friend of the person; whether the person can be cared for privately in the event a hold is not ordered; whether the person is, at the time of the application, a voluntary patient; whether the person has applied for release; and a simple and precise statement of the facts showing that the person is likely to have a neurocognitive disorder and is either likely to injure themselves or others.

(3) Any such application for emergency protective placement shall be accompanied by a certificate of a health care provider practicing in such hospital stating that a health care provider practicing in such hospital has personally examined the person within the last fourteen (14) days and is of the opinion that the person has a neurocognitive disorder and is likely to injure themselves or others and lacks capacity to make informed decisions about treatment or by a written statement by the applicant that the person has refused to submit to examination by a health care provider practicing in such hospital.

(4) Upon receipt of an application for emergency protective placement, the court shall, within forty-eight (48) hours, order another health care provider practicing in such hospital to make a personal examination of the person, or if the person has not been examined, the court shall appoint two (2) health care providers practicing in such hospital to make individual personal examinations of the person and may order the person to submit to an immediate examination. If neither is a physician, the court shall order a physical examination of the person. The health care provider practicing in such hospital shall report to the court findings within the following seventy-two (72) hours as to the medical condition of the person and the need for custody, care, or treatment by a hospital. The reports shall be in the form of written certificates that shall be filed with the court. The court may terminate the proceedings and dismiss the application without taking any further action in the event the reports are to the effect that the person is not likely to injure themselves or others due to a neurocognitive disorder. If the proceedings are terminated, the person shall be released immediately.

(5) If the health care provider practicing in such hospital certifies a belief that the person is likely to injure themselves or others due to a neurocognitive disorder, the judge shall issue an order authorizing any health officer, peace officer, or director of a facility to take the person to a hospital in the community in which the person is residing or to the nearest hospital to await the hearing, and for good cause, may authorize treatment during such period. Under no circumstances shall the person be detained in a nonmedical unit used for the detention of individuals charged with or convicted of penal offenses.

(6) Upon receipt of such application for emergency protective placement by the health care provider practicing in such hospital, the court shall appoint a time and place for a hearing not more than seven (7) days from the receipt of such certificates and thereupon give written notice of such time and place of such hearing, together with a copy of the application, the health care provider's certificates, and notice of the person's right to be represented by an attorney or, if indigent, to be represented by a court-appointed attorney to the applicant, and to the person and the person's spouse, guardian, next of kin, or friend. With the consent of the person and the person's attorney, the hearing may be held immediately. Upon motion of the petitioner, or upon motion of the person and the person's attorney, and for good cause shown, the court may continue the hearing up to an additional seven (7) days during which time, for good cause shown, the court may authorize treatment.

(7) An opportunity to be represented by counsel shall be afforded to every person and, if neither the person nor others provide counsel, the court shall appoint counsel in accordance with chapter 8, title 19, Idaho Code, no later than the time the application for emergency protective placement is received by the court.

(8) If the protective placement is commenced under this section, the hearing shall be held in a manner and at a suitable place not likely to have a harmful effect on the person's physical or mental health. Venue for the hearing shall be in the county of residence of the person or in the county where the person was found immediately prior to commencement of such proceedings.

(9) In all proceedings under this section, any existing provision of the law prohibiting the disclosure of confidential communications between the person and the health care provider practicing in such hospital shall not apply and any health care provider practicing in such hospital who shall have examined the person shall be a competent witness to testify as to the person's condition.

(10) The person, the applicant, and any other persons to whom notice is required to be given shall be afforded an opportunity to appear at the hearing to testify and to present and cross-examine witnesses. The person may, after consulting with the person's attorney, request to waive the person's presence at court. The court may waive the presence of the person if the mental or physical state of the person is such that the person's presence at the hearing would be detrimental to the person's health or would unduly disrupt the proceedings. A record of the proceedings shall be made as for other civil hearings. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure. The court shall receive all relevant and material evidence consistent with the rules of evidence.

(11) If, upon completion of the hearing and consideration of the record, and after consideration of reasonable alternatives, the court finds by clear and convincing evidence that the person likely has a neurocognitive disorder and is likely to injure themselves or others, the court shall order the person to be placed under protective custody of a suitable medical hospital for observation, care, and treatment for an indeterminate period of time not to exceed seven (7) days.

(12) The order of protective placement shall state whether the person lacks capacity to make informed decisions about treatment and the name and address of the person's attorney, spouse, guardian, adult next of kin, or friend.

(13) If the person has no spouse or guardian and if the person has property that may not be cared for by the person while confined at a hospital, the court shall appoint a guardian ad litem for the purpose of preserving the person's estate, pending further guardianship or conservatorship proceedings.

History:

[(56-2105) 56-1905, added 2024, ch. 264, sec. 1, p. 920; am. and redesig. 2025, ch. 211, sec. 29, p. 1003.]
Idaho Code § 56-402 — Idaho Code / Title 56 / Chapter 4 / Section 56-402
56-402 SOURCES OF COOPERATIVE WELFARE FUND.
Status: in_force

56-402. Sources of cooperative welfare fund. There shall be placed in the cooperative welfare fund all federal grants-in-aid made to the state of Idaho under titles I, IV and X, and part 3 of title V of the act of congress known as the Social Security Act, as amended; all cooperative funds received from the counties under the provisions of the public assistance law; and any funds received from federal, state, personal, or other sources, subject to administration by the director of the department of health and welfare for public assistance and welfare purposes.

History:

[56-402, added 1941, ch. 180, sec. 2, p. 376; 1972, ch. 196, sec. 13, p. 483; am. 1974, ch. 23, sec. 170, p. 633.]
Idaho Code § 56-266 — Idaho Code / Title 56 / Chapter 2 / Section 56-266
56-266 AUTHORIZATION TO OBTAIN FEDERAL APPROVAL.
Status: in_force

56-266. authorization to obtain federal approval. The department is authorized to obtain federal approval for the requirements set forth in sections 56-260 through 56-266, Idaho Code.

History:

[56-266, added 2011, ch. 164, sec. 17, p. 475.]
Idaho Code § 56-1703 — Idaho Code / Title 56 / Chapter 17 / Section 56-1703
56-1703 DEFINITIONS.
Status: in_force

56-1703. definitions. As used in this chapter:

(1) "Activation" means a declaration by the director of the department of health and welfare that health care facilities may operate under crisis standards of care as necessary when scarce resource limitations preclude operating under usual standards of care.

(2) "Assistance" means aid in meeting daily living needs.

(3) "Crisis standards of care" means a substantial change in the usual health care operations and the level of care it is possible to deliver, justified by specific circumstances and formally declared by a state government in recognition that crisis operations will be in effect for a sustained period.

(4) "Declaration" means the issuance by the director of the department of health and welfare of a declaration or documentation that crisis standards of care have been activated in a particular region or statewide.

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

(6) "Director" means the director of the Idaho department of health and welfare.

(7) "Essential caregiver" means a person designated by a patient or resident to visit the patient or resident at a health care facility.

(8) "Health care facility" or "facility" means a hospital, a nursing facility, or an intermediate care facility as defined in chapter 13, title 39, Idaho Code, or a residential care or assisted living facility as defined in chapter 33, title 39, Idaho Code.

(9) "Health care services" means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.

(10) "Patient" means a person receiving health care services at a health care facility.

(11) "Resident" means a person receiving assistance at a health care facility.

History:

[56-1703, added 2022, ch. 253, sec. 1, p. 829; am. 2025, ch. 122, sec. 40, p. 648.]
Idaho Code § 56-1604 — Idaho Code / Title 56 / Chapter 16 / Section 56-1604
56-1604 INTERMEDIATE CARE FACILITY ASSESSMENTS.
Status: in_force

56-1604. INTERMEDIATE CARE FACILITY assessments. (1) The ICF shall pay the ICF assessment to the fund in accordance with the provisions of this chapter.

(2) The aggregated amount of assessments for all ICFs 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 ICFs 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. The per-resident-day assessment rate shall be uniform for all ICFs.

(3) The department shall collect, and each ICF shall pay, the ICF assessment on an annual basis subject to the terms of this subsection. The ICF assessment shall be due no later than thirty (30) days after the receipt of the department invoice.

History:

[56-1604, added 2011, ch. 164, sec. 24, p. 481.]
Idaho Code § 56-2705 — Idaho Code / Title 56 / Chapter 25 / Section 56-2705
56-2705 APPLICATION.
Status: in_force

56-2505 [56-2705]. application. The department shall conduct a fingerprint-based background check on any applicant required to undergo a background check pursuant to this chapter who submits an application and pays the accompanying fee. An applicant must disclose any pertinent information regarding disqualifying crimes or disqualifying records.

History:

[(56-2705) 56-2505, added 2026, ch. 220, sec. 1, p. 920.]
Idaho Code § 56-1006 — Idaho Code / Title 56 / Chapter 10 / Section 56-1006
56-1006 TITLE SUPERSEDED.
Status: in_force

56-1006. Title superseded. Except with respect to environmental protection functions, wherever the words "board of health" or "board of health and welfare" appear in the Idaho Code, they shall mean the department of health and welfare, and wherever the words "administrator of health" appear in the Idaho Code, they shall mean the director of the department of health and welfare, and wherever the words "department of health" appear in the Idaho Code, they shall mean the department of health and welfare. Notwithstanding any other provision of law to the contrary, all rulemaking vested in the board of health and welfare shall now be vested in the department. Nothing in this section shall be construed to invalidate or otherwise require repromulgation of any existing rules promulgated by the board of health and welfare. All existing rules promulgated by the board of health and welfare shall continue in full force and effect as if adopted by the department and shall remain in effect until amended or repealed by the department, rejected by the legislature, or otherwise changed pursuant to law.

History:

[56-1006, added 2000, ch. 132, sec. 38, p. 351; am. 2026, ch. 25, sec. 4, p. 117.]