Idaho Code § 56-271 — Idaho Code / Title 56 / Chapter 2 / Section 56-271
56-271 MEDICAID BUDGET STABILIZATION FUND.
Status: in_force

56-271. MEDICAID BUDGET STABILIZATION FUND. There is hereby created in the state treasury the medicaid budget stabilization fund. By the close of fiscal year 2025 or as soon thereafter as practicable, a total of twelve million dollars ($12,000,000) of all unobligated general fund moneys remaining in the cooperative welfare fund from appropriations made to the division of medicaid shall be transferred to the Idaho millennium income fund established in section 67-1806, Idaho Code. Beginning in fiscal year 2024 and each year thereafter, the remainder of any unobligated general fund moneys remaining in the cooperative welfare fund from appropriations made to the division of medicaid shall be transferred to the medicaid budget stabilization fund following the department of health and welfare's year-end reconciliation. Moneys in the medicaid budget stabilization fund shall consist of such transfers and such other moneys that may be provided by legislative appropriation. The state treasurer shall invest idle moneys in the medicaid budget stabilization fund, and the interest earned on such moneys shall be retained by the fund. Moneys in the medicaid budget stabilization fund shall be expended solely for the purpose of meeting general fund revenue shortfalls or covering unanticipated expenses for services administered by the division of medicaid and shall only be expended pursuant to legislative appropriation.

History:

[(56-271) 56-270, added 2024, ch. 204, sec. 1, p. 722; am. and redesig. 2025, ch. 211, sec. 24, p. 995.]
Idaho Code § 56-2001 — Idaho Code / Title 56 / Chapter 20 / Section 56-2001
56-2001 DEFINITION.
Status: in_force

56-2001. Definition. As used in this chapter, "guaranteed income program" means a plan funded or administered by the government under which an individual is provided with regular, unconditional cash payments to be used for any purpose by the individual. "Guaranteed income program" does not include a program under which an individual is required to seek reemployment, perform work, or attend training as a condition of any payments.

History:

[(56-2001) 56-1901, added 2024, ch. 224, sec. 1, p. 792; am. and redesig. 2025, ch. 211, sec. 28, p. 1000.]
Idaho Code § 56-1302 — Idaho Code / Title 56 / Chapter 13 / Section 56-1302
56-1302 DEFINITIONS.
Status: in_force

56-1302. Definitions. The following words and phrases when used in this chapter have the meanings given to them unless the context clearly indicates otherwise:

(1) "Asset disregard" means the total assets an individual owns and may retain under medicaid and still qualify for benefits at the time the individual applies for benefits if the individual is a beneficiary of a long-term care partnership program approved policy.

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

(3) "Long-term care partnership program approved policy" means a long-term care insurance policy which is approved by the department of insurance and is provided through state approved long-term care insurers through the Idaho long-term care partnership program.

(4) "Medicaid" means the federal medical assistance program established under title XIX of the social security act.

History:

[(56-1302) 56-1202, added 2004, ch. 261, sec. 1, p. 737; am. and redesig. 2005, ch. 25, sec. 114, p. 129; am. 2007, ch. 253, sec. 1, p. 756.]
Idaho Code § 56-204B — Idaho Code / Title 56 / Chapter 2 / Section 56-204B
56-204B TEMPORARY SHELTER CARE.
Status: in_force

56-204B. Temporary shelter care. The state department shall provide places of shelter as authorized by law for the placement of children for temporary care who have been brought into the custody of the magistrate courts or who have been taken into custody for their protection by peace officers. Such places of shelter may be maintained by the state department or may be licensed foster family homes or licensed foster institutional facilities employed or retained for shelter care by the state department.

History:

[56-204B, added 1963, ch. 325, sec. 3, p. 936; am. 1974, ch. 233, sec. 2, p. 1590; am. 2001, ch. 107, sec. 20, p. 370.]
Idaho Code § 56-401 — Idaho Code / Title 56 / Chapter 4 / Section 56-401
56-401 CREATION OF COOPERATIVE WELFARE FUND — PURPOSE.
Status: in_force

56-401. Creation of cooperative welfare fund — Purpose. There is hereby created a trust fund in the state treasury to be known as the cooperative welfare fund, and all money deposited therein is perpetually appropriated for public welfare purposes.

History:

[56-401, added 1941, ch. 180, sec. 1, p. 376.]
Idaho Code § 56-2302 — Idaho Code / Title 56 / Chapter 23 / Section 56-2302
56-2302 REGISTRATION REQUIREMENTS.
Status: in_force

56-2302. registration requirements. (1) A clinical laboratory shall register with the department of health and welfare on a department form prior to accepting specimens for testing.

(2) Registered clinical laboratories shall submit a completed registration form every two (2) years and indicate any changes in laboratory operations.

(3) To be registered, a clinical laboratory shall submit evidence of certification from one (1) of the following:

(a) The centers for medicare and medicaid services (CMS) clinical laboratory improvement amendments certification program;

(b) An agency approved by CMS as an accreditation program; or

(c) Other certification programs approved by the department of health and welfare.

(4) The following laboratories and facilities are excluded from compliance with this chapter:

(a) Teaching, research, forensic, and pre-employment drug screening laboratories, if test results are not used for diagnosis or treatment;

(b) Prosthetic dental laboratories; and

(c) Facilities performing skin testing solely for the detection of allergies and sensitivities.

History:

[56-2302, added 2025, ch. 84, sec. 14, p. 398.]
Idaho Code § 56-2205 — Idaho Code / Title 56 / Chapter 22 / Section 56-2205
56-2205 LEGISLATIVE APPROVAL — MEDICAID EXPANSION LIMITS.
Status: in_force

56-2205. legislative approval — medicaid expansion limits. (1) The department of health and welfare is authorized to and shall submit to the centers for medicare and medicaid services the following state plan amendments and waivers no later than July 1, 2026:

(a) Work-requirements for able-bodied adults enrolled in medicaid in which no individual shall be eligible to participate in the medicaid program pursuant to section 56-267, Idaho Code, unless the individual is:

(i) Working twenty (20) hours or more per week, averaged monthly;

(ii) Participating in and complying with the requirements of a work program twenty (20) hours or more per week, as determined by the department;

(iii) Volunteering twenty (20) hours or more per week, as determined by the department;

(iv) Meeting any combination of working and participating in a work program for a total of twenty (20) hours or more per week, as determined by the department; or

(v) Participating and complying with the requirements of a work-fare program, unless the individual is:

1. Younger than nineteen (19) years of age;

2. Older than sixty-four (64) years of age;

3. Medically classified as physically or mentally unfit for employment;

4. Pregnant;

5. A parent or caretaker responsible for the care of a dependent child younger than six (6) years of age;

6. A parent or caretaker personally providing the care for a dependent with a serious medical condition or with a disability, as determined by the department;

7. Receiving unemployment compensation and complying with the work requirements as part of the federal-state unemployment compensation system;

8. Participating in a drug addiction or alcohol treatment and rehabilitation program; or

9. Enrolled at least part-time in a college, university, or vocational education program.

(b) Allow persons eligible for medicaid under section 56-267, Idaho Code, who have a modified adjusted gross income at least at or above one hundred percent (100%) of the federal poverty level to receive the advance premium tax credit to purchase a qualified health plan through the Idaho health insurance exchange established by chapter 61, title 41, Idaho Code, instead of enrolling in medicaid, except that the person may choose to enroll in medicaid instead of receiving the advance premium tax credit to purchase a qualified health plan.

(c) Implement the following changes to eligibility determination:

(i) Suspend requirements to renew eligibility automatically based on available information and pre-populated forms; and

(ii) Implement biannual redetermination for persons eligible for medicaid under section 56-267, Idaho Code.

(d) Implement the following changes to benefits:

(i) No funds shall be used to fulfill any contract or commercial transaction with any health care provider or health care facility under the terms of which such health care provider or health care facility agrees to provide services prohibited under section 18-1506C, Idaho Code; and

(ii) No funds shall be used to fulfill any gender reassignment procedures, including treatment and surgery for any resident eighteen (18) years of age or older.

(2) An individual is exempt from the provisions of any state plan amendment or waiver pursuant to this section if the individual is an American Indian or Alaska native who is eligible for services through the Indian health service or through a tribal program pursuant to the Indian self-determination and education assistance act or the Indian health care improvement act.

History:

[56-2205, added 2025, ch. 118, sec. 2, p. 623.]
Idaho Code § 56-203A — Idaho Code / Title 56 / Chapter 2 / Section 56-203A
56-203A AUTHORITY OF DEPARTMENT TO ENFORCE CHILD SUPPORT — SUPPORT ENFORCEMENT SERVICES.
Status: in_force

56-203A. Authority of department to enforce child support — Support enforcement services. (1) Whenever the department receives an application for public assistance on behalf of a child and it shall appear to the satisfaction of the department that said child has been abandoned by its parents, or that the child and one (1) parent have been abandoned by the other parent, or that the parent or other person who has a responsibility for the care, support or maintenance of such child has failed or neglected to give proper care or support to such child, the department shall take appropriate action under the provisions of this chapter, the abandonment or nonsupport statutes, or other appropriate statutes of this state to ensure that such parent or other person responsible shall pay for the care, support or maintenance of said dependent child.

(2) The department may accept applications for support enforcement services on behalf of persons who are not recipients of public assistance and may take action as it deems appropriate to establish, modify or enforce support obligations against persons owing a duty to pay support. Action to establish support obligations may be taken under the abandonment or nonsupport statutes or other appropriate statutes of this state.

(3) The department shall maintain a state case registry that contains records of each case in which enforcement services are being provided under this section and each child support order established or modified in the state from and after that date. The department shall collect and disburse payments for all support orders related to cases for which services are provided under this section and each child support order established or modified after January 1, 1994, that is subject to income withholding orders.

History:

[56-203A, as added by 1975, ch. 264, sec. 2, p. 712; am. 1990, ch. 327, sec. 1, p. 898; am. 1998, ch. 249, sec. 1, p. 814; am. 2025, ch. 201, sec. 8, p. 915.]
Idaho Code § 56-275 — Idaho Code / Title 56 / Chapter 2 / Section 56-275
56-275 WAIVER TO ENHANCE NUTRITION IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
Status: in_force

56-275. waiver to enhance nutrition in the supplemental nutrition assistance program. (1) For the purposes of this section:

(a) "Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. "Candy" shall not include any preparation containing flour and shall require no refrigeration.

(b) "Soda" means any nonalcoholic beverage that contains natural or artificial sweeteners. "Soda" does not include any beverages that contain milk or milk substitutes, that are greater than fifty percent (50%) vegetable juice or fruit juice by volume, or that require preparation before consumption, such as powders or concentrates.

(2) The director of the department of health and welfare shall request a waiver from the United States department of agriculture to exclude candy and soda from the definition of eligible foods under 7 CFR 271.2. If such waiver is granted, then the director shall prohibit the purchase of candy and soda with benefits provided through the supplemental nutrition assistance program. If no such waiver is granted, then the director shall request such a waiver annually until such waiver is granted.

History:

[56-275, added 2025, ch. 340, sec. 1, p. 1383.]
Idaho Code § 56-606 — Idaho Code / Title 56 / Chapter 6 / Section 56-606
56-606 AUTHORITY OF THE PARK AND RECREATION BOARD.
Status: in_force

56-606. Authority of the park and recreation board. In order to carry out the purposes of this act the park and recreation board shall have the authority to:

1. Formulate rules and regulations for operation of the project.

2. Appoint, in accordance with the policy and regulations of the department, such qualified personnel as it deems necessary for the efficient and economic discharge of the functions of the project. Compensation and benefits of all such appointees to be fixed as may be provided by law and the policies and regulations of the department.

3. Establish adequate standards of safety, health, and morals for participants.

4. To enter into such agreements with and otherwise cooperate with such other governmental agencies, departments and instrumentalities as may be necessary in carrying out the purposes of this act.

5. To formulate such other rules and regulations, establish such other procedures, and enter into such contracts and agreements and generally perform such functions as it may deem necessary or desirable to carry out the provisions of this act.

6. To provide a regular schedule of work, on-the-job training and recreation as falls naturally within the philosophy and program scope of the youth conservation project.

History:

[56-606, added 1963, ch. 126, sec. 6, p. 370; am. 1970, ch. 178, sec. 4, p. 522; am. 1974, ch. 8, sec. 22, p. 35.]
Idaho Code § 56-209p — Idaho Code / Title 56 / Chapter 2 / Section 56-209p
56-209p PAYMENT FOR MIDWIFE SERVICES.
Status: in_force

56-209p. payment for midwife services. A midwife licensed pursuant to chapter 55, title 54, Idaho Code, shall be entitled to payment under the rules of the medical assistance program for midwife services provided to an eligible recipient of medical assistance.

History:

[56-209p, added 2011, ch. 182, sec. 1, p. 516.]
Idaho Code § 56-2002 — Idaho Code / Title 56 / Chapter 20 / Section 56-2002
56-2002 PREEMPTION.
Status: in_force

56-2002. preemption. Except as expressly authorized by state statute, a county, city, agency, board, or any other political subdivision of this state shall not adopt or enforce any law, rule, regulation, or ordinance for the purpose of making payments to individuals under a guaranteed income program. Any law, rule, regulation, or ordinance prohibited by this chapter is null and void.

History:

[(56-2002) 56-1902, added 2024, ch. 224, sec. 1, p. 793; am. and redesig. 2025, ch. 211, sec. 28, p. 1000.]
Idaho Code § 56-208 — Idaho Code / Title 56 / Chapter 2 / Section 56-208
56-208 AID TO THE BLIND.
Status: in_force

56-208. Aid to the blind. Aid to the blind shall be awarded to needy people who have no vision, or whose vision is so defective as to prevent the performance of ordinary activities for which eyesight is essential, who are not receiving old-age assistance, and who are not inmates of public institutions at the time of receiving assistance.

History:

[56-208, added 1941, ch. 181, sec. 8, p. 379; am. 1974, ch. 233, sec. 5, p. 1590.]
Idaho Code § 56-1304 — Idaho Code / Title 56 / Chapter 13 / Section 56-1304
56-1304 SPECIFIC ELIGIBILITY.
Status: in_force

56-1304. Specific eligibility. (1) An individual who is a beneficiary of a long-term care partnership program policy is eligible for assistance under medicaid using the asset disregard under section 56-1303(3), Idaho Code.

(2) If the program is discontinued, an individual who purchased a long-term care partnership policy prior to the date the program is discontinued shall be eligible to receive asset disregard.

(3) The department may enter into reciprocal agreements with other states to extend the asset disregard to residents of the state who purchased long-term care policies in another state which has a substantially similar asset disregard program to the program under section 56-1303, Idaho Code.

History:

[(56-1304) 56-1204, added 2004, ch. 261, sec. 1, p. 738; am. and redesig. 2005, ch. 25, sec. 116, p. 130.]
Idaho Code § 56-1902 — Idaho Code / Title 56 / Chapter 19 / Section 56-1902
56-1902 POWERS AND DUTIES.
Status: in_force

56-1902. powers and duties. The health and social services ombudsman shall:

(1) Operate independently of the legislature, the courts, the department of health and welfare, and any other state agency or department;

(2) Establish and manage a statewide procedure to receive, examine, and resolve complaints submitted pursuant to section 56-1903, Idaho Code;

(3) Inform a service recipient or the service recipient's legal guardian of the service recipient's rights and obligations under applicable federal and state laws;

(4) Collect and analyze each quarterly report issued by the citizen review panel pursuant to section 16-1647, Idaho Code, and any responses by the department of health and welfare or other relevant state department or agency;

(5) Gather and analyze data to discern general patterns and trends, chronic problems, and other systemic challenges in the provision of health and social services, including but not limited to foster care or protective supervision services, and in the detection, reporting, examination, prosecution, and resolution of cases of abuse and neglect;

(6) Review and recommend changes to laws relevant to the child protective act pursuant to chapter 16, title 16, Idaho Code, and the juvenile corrections act pursuant to chapter 5, title 20, Idaho Code;

(7) Provide an annual report on the work of the office, the operation of child welfare in the state, and related recommendations to the governor, the legislature, the director of the department of health and welfare or other relevant state departments or agencies, the state public defender, and the courts; and

(8) Establish internal procedures and educate the public about the role of the office.

History:

[56-1902, added 2024, ch. 188, sec. 2, p. 681.]
Idaho Code § 56-805 — Idaho Code / Title 56 / Chapter 8 / Section 56-805
56-805 FINANCIAL AID — PERIOD.
Status: in_force

56-805. Financial aid — Period. Financial aid to families adopting or becoming guardians of hard-to-place children shall be awarded by the department as follows:

(1) Persons who have applied to adopt the hard-to-place child and to receive subsidies for the care and support of the hard-to-place child shall be evaluated as to their suitability as adoptive parents by means of an adoptive home study. Persons who are caring for a hard-to-place child in the state's custody for whom reunification or adoption is not an option, and who wish to be appointed legal guardians of the child and to receive subsidies for the care and support of the child, shall be evaluated as to their suitability as guardians by means of a guardianship study.

(2) Financial assistance shall be not more than the amount that would be paid for foster or institutional care for the child if the placement for adoption or guardianship had not taken place. Assistance may be provided families adopting or becoming guardians for hard-to-place children until such child is eighteen (18) years of age, parents are no longer legally responsible for the child, or until the parents are no longer providing support for the child.

After an adoption with a subsidy is finalized or a guardianship with subsidy has been ordered by the court and the court has released the child from the state's legal custody, the family is independent of the department except for an annual evaluation by the department of the need for continued subsidy and the amount of the subsidy.

(3) Payment of the costs of medical services shall be made directly to the physician or provider of the services according to the department's established procedures.

(4) Payment of the cost of nonrecurring adoption or guardianship expenses is limited to the following: reasonable and necessary adoption or guardianship fees, court costs, attorney's fees, and other expenses which are directly related to the legal adoption or guardianship of a child with special needs and which are not incurred in violation of state or federal laws.

(5) Eligibility for the benefits payable and amounts thereof shall be determined on a case-by-case basis by the department as set forth in the rules promulgated by the state board of health and welfare.

History:

[56-805, added 1974, ch. 61, sec. 5, p. 1139; am. 1982, ch. 54, sec. 1, p. 82; am. 1991, ch. 238, sec. 1, p. 573; am. 2001, ch. 92, sec. 3, p. 231.]
Idaho Code § 56-701A — Idaho Code / Title 56 / Chapter 7 / Section 56-701A
56-701A DEFINITIONS.
Status: in_force

56-701A. Definitions. As used in this chapter and chapter 58, title 18, Idaho Code:

(1) "Assistance device" means a cane or walking stick, predominantly white or metallic in color, with or without red tip, or a manual or motorized wheelchair or similar scooter, or other similar devices that enhance the safety or mobility of a disabled person.

(2) "Dog-in-training" means a dog being specifically trained to develop social, environmental, and other skills needed for work with or to perform tasks for an individual with a disability. Dogs-in-training shall wear a jacket, collar, scarf, or other similar article identifying it as a dog-in-training.

(3) "Individual with a disability" means an individual who has a disability as defined by the federal Americans with disabilities act, 42 U.S.C. 12101 et seq., and its implementing regulations effective as of January 1, 2019.

(4) "Place of public accommodation" shall have the same meaning as provided in the federal Americans with disabilities act, 42 U.S.C. 12101 et seq., and its implementing regulations.

(5) "Service dog" means a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for purposes of this chapter. The work or tasks performed by the service dog must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this chapter.

History:

[56-701A, added 1984, ch. 147, sec. 5, p. 344; am. 1992, ch. 58, sec. 5, p. 170; am. 1994, ch. 159, sec. 2, p. 360; am. 1997, ch. 267, sec. 8, p. 766; am. 2002, ch. 345, sec. 34, p. 977; am. 2010, ch. 235, sec. 49, p. 588; am. 2018, ch. 144, sec. 1, p. 298; am. 2019, ch. 213, sec. 10, p. 647.]
Idaho Code § 56-1049 — Idaho Code / Title 56 / Chapter 10 / Section 56-1049
56-1049 ADMINISTRATIVE PROCEDURE.
Status: in_force

56-1049. Administrative procedure. In any proceeding under sections 56-1041 through 56-1053, Idaho Code, for the issuance or modification or repeal of rules relating to control of x-ray producing machines, the department shall comply with the requirements of chapter 52, title 67, Idaho Code.

Notwithstanding any other provision of sections 56-1041 through 56-1053, Idaho Code, whenever the department finds that an emergency exists requiring immediate action to protect the public health, safety or general welfare, the department may, without notice or hearing, issue a rule or order reciting the existence of such emergency and require that such action be taken as is necessary to meet the emergency. Such rules or orders shall be effective immediately.

History:

[56-1049, added 2001, ch. 110, sec. 44, p. 394.]
Idaho Code § 56-1053 — Idaho Code / Title 56 / Chapter 10 / Section 56-1053
56-1053 PENALTIES.
Status: in_force

56-1053. Penalties. Any person who violates any of the provisions of sections 56-1041 through 56-1053, Idaho Code, or rules or orders in effect pursuant thereto shall be guilty of a misdemeanor.

History:

[56-1053, added 2001, ch. 110, sec. 48, p. 395.]
Idaho Code § 56-1601 — Idaho Code / Title 56 / Chapter 16 / Section 56-1601
56-1601 SHORT TITLE — LEGISLATIVE INTENT.
Status: in_force

56-1601. short title — legislative intent. (1) This chapter shall be known and may be cited as the "Idaho Intermediate Care Facility 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 ICF assessments to be used in securing federal matching funds under federally prescribed programs available through the state medicaid plan.

History:

[56-1601, added 2011, ch. 164, sec. 24, p. 479.]
Idaho Code § 56-238 — Idaho Code / Title 56 / Chapter 2 / Section 56-238
56-238 DEFINITIONS.
Status: in_force

56-238. Definitions. As used in this section and section 56-239, Idaho Code:

(1) "CHIP Plan A" means the existing Idaho children's health insurance program for children eligible under federal title XXI whose families' modified adjusted gross incomes do not exceed one hundred fifty percent (150%) of the federal poverty guidelines.

(2) "CHIP Plan B" means the program created in section 56-239, Idaho Code.

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

(4) "Director" means the director of the state department of health and welfare.

(5) "Eligible child" means a child under nineteen (19) years of age living in Idaho whose family's modified adjusted gross income falls within federal poverty guidelines for medicaid, CHIP Plan A or CHIP Plan B.

(6) "Modified adjusted gross income" means individual or family income as defined for state medicaid programs in the social security act and the Internal Revenue Code.

History:

[56-238, added 2003, ch. 308, sec. 3, p. 845; am. 2006, ch. 270, sec. 1, p. 839; am. 2014, ch. 80, sec. 2, p. 218; am. 2021, ch. 22, sec. 4, p. 61.]
Idaho Code § 56-502 — Idaho Code / Title 56 / Chapter 5 / Section 56-502
56-502 DEFINITIONS.
Status: in_force

56-502. definitions. As used in this chapter, unless the context otherwise requires:

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

(2) "Federal poverty guidelines" or "FPG" means federal poverty guidelines issued annually by the department of health and human services.

(3) "I-94" means an alien identification card issued to refugees prior to their release to a sponsor.

(4) "Refugee medical assistance program" means services funded by 42 U.S.C. 1396 and 1397 as contingent upon federal funding and state spending authority.

History:

[56-502, added 2025, ch. 166, sec. 1, p. 798.]
Idaho Code § 56-1404 — Idaho Code / Title 56 / Chapter 14 / Section 56-1404
56-1404 ASSESSMENTS.
Status: in_force

56-1404. Assessments. (1) All private hospitals, except those exempted under section 56-1408, Idaho Code, shall make payments to the fund in accordance with this chapter. An annual assessment on both inpatient and outpatient services is determined for each qualifying hospital for each state fiscal year in an amount calculated by multiplying the rate, as set forth in subsections (2)(c) and (3)(b) of this section, by the assessment base, as set forth in subsection (5) of this section.

(2)(a) The department shall calculate the private hospital upper payment limit gap for both inpatient and outpatient services. The upper payment limit gap is the difference between the maximum allowable payments eligible for federal match, less medicaid payments not financed using hospital assessment funds. The upper payment limit gap shall be calculated separately for hospital inpatient and outpatient services. Medicaid disproportionate share payments shall be excluded from the calculation.

(b) Idaho medicaid will start work toward approval by the centers for medicare and medicaid services (CMS) of an updated upper payment limit calculation methodology no later than July 1, 2022. This change is needed due to the change reflected in section 56-265, Idaho Code, in reimbursement from retrospective cost settlements to prospective payment systems.

(c) The department shall calculate the upper payment limit assessment rate for each state fiscal year to be the percentage that, when multiplied by the assessment base as defined in subsection (5) of this section, equals the upper payment limit payment.

(d) Beginning July 1, 2022, or upon approval by CMS, whichever is later, the assessment rate referenced in paragraph (c) of this subsection will increase to the amount needed to attain an increased supplemental upper payment limit payment. This payment amount is subject to CMS approval of the updated upper payment limit methodology described in paragraph (a) of this subsection and shall be continuously appropriated.

(e) Beginning July 1, 2023, an additional amount will be assessed at thirty percent (30%) of the upper payment limit payment to be utilized for general fund medicaid needs.

(f) If CMS does not approve the updated upper payment limit methodology described in paragraph (b) of this subsection, then the additional assessment described in paragraph (e) of this subsection shall not be implemented.

(g) The assessment described in paragraph (e) of this subsection shall be assessed only if the upper payment limit payment is greater than the total assessment.

(3)(a) The department shall calculate the disproportionate share allotment amount to be paid to private in-state hospitals.

(b) The department shall calculate the disproportionate share assessment rate for private in-state hospitals to be the percentage that, when multiplied by the assessment base as defined in subsection (5) of this section, equals the amount of state funding necessary to pay the private in-state hospital disproportionate share allotment determined in paragraph (a) of this subsection.

(4) For private in-state hospitals, the assessments calculated pursuant to subsections (2) and (3) of this section shall not be greater than the federal limit as referenced in 42 CFR 433.68 of the assessment base as defined in subsection (5) of this section.

(5) The assessment base shall be the hospital's net patient revenue for the applicable period. Net patient revenue, beginning with state fiscal year 2023, shall be determined using each hospital's fiscal year 2021 medicare cost report on file with the department, without regard to any subsequent adjustments or changes to such data. If the 2021 cost report has not been filed, the prior year's cost report will be used. Net patient revenue for each state fiscal year thereafter shall be determined in the same manner using a rolling yearly schedule for each hospital's fiscal year medicare cost report.

History:

[56-1404, added 2010, ch. 186, sec. 7, p. 397; am. 2014, ch. 250, sec. 2, p. 630; am. 2022, ch. 133, sec. 2, p. 497; am. 2025, ch. 82, sec. 65, p. 372; am. 2025, ch. 118, sec. 8, p. 628.]
Idaho Code § 56-1707 — Idaho Code / Title 56 / Chapter 17 / Section 56-1707
56-1707 DEPARTMENT REPORT — REPORT BY FACILITIES.
Status: in_force

56-1707. Department report — report by facilities. Upon activation of crisis standards of care:

(1) The director shall within one (1) week of such activation, or as soon as feasible thereafter, make a formal written report to the governor, the president pro tempore of the senate, the speaker of the house of representatives, the senate health and welfare committee, and the house of representatives health and welfare committee regarding the exact nature of any shortage driving the need for activation. The written report shall include a mitigation plan that addresses how the state can help support the health care facility in addressing resource shortages to limit the scope and duration of operating under crisis standards of care. If the governor has declared a disaster emergency pursuant to chapter 10, title 46, Idaho Code, due to the same or related conditions that necessitated the activation of crisis standards of care, then the director shall also include in the written report recommendations for the use of funds available in the disaster emergency account to mitigate the scarce resource limitations; and

(2) Any health care facility operating under crisis standards of care shall provide a daily report to the department on conditions at the facility, including an assessment as to whether crisis standards of care remain necessary.

History:

[56-1707, added 2022, ch. 253, sec. 1, p. 831.]
Idaho Code § 56-256 — Idaho Code / Title 56 / Chapter 2 / Section 56-256
56-256 PREVENTIVE HEALTH ASSISTANCE.
Status: in_force

56-256. Preventive health assistance. (1) The department of health and welfare may establish preventive health assistance benefits available to a medicaid participant in order to provide incentives to promote healthy behavior and responsible use of health care services.

(2) Preventive health assistance benefits are available when the participant complies with recommended preventive care and demonstrates healthy behaviors or conducts other activities as specified in department rule. Preventive health assistance benefits are only available during a participant's period of eligibility.

(3) The uses of preventive health assistance may include, but not be limited to, participant payments for preventive health products and services and participant cost-sharing payments as specified in department rule.

(4) Preventive health assistance benefits may be used to cover delinquent cost-sharing obligations when participants have complied with recommended preventive care as described in department rule.

History:

[56-256, added 2006, ch. 305, sec. 1, p. 943; am. 2007, ch. 200, sec. 6, p. 618.]
Idaho Code § 56-270 — Idaho Code / Title 56 / Chapter 2 / Section 56-270
56-270 STATE PLAN AMENDMENT — POSTPARTUM MEDICAID COVERAGE.
Status: in_force

56-270. State plan amendment — postpartum medicaid coverage. (1) The state shall amend its state plan to extend medicaid eligibility for twelve (12) months postpartum to individuals who, while pregnant, are eligible for and receive medicaid, in accordance with section 9812 of the American rescue plan act of 2021 and section 1902(e)(16) of the social security act.

(2) If federal financial participation for individuals identified in subsection (1) of this section is reduced or eliminated by more than ten percent (10%) following approval of the state plan amendment, then the senate and house of representatives health and welfare committees shall, as soon as practicable, review the effects of such reduction or elimination and make a recommendation to the legislature as to whether the eligibility extension granted by subsection (1) of this section should remain in effect. The review and recommendation described in this subsection shall be conducted by the date of adjournment of the regular legislative session following the date of reduction in or elimination of federal financial participation.

(3) The department of health and welfare is required and authorized to:

(a) Take such actions as are necessary to implement the provisions of this section;

(b) Begin the application process for federal approval of the state plan amendment described in subsection (1) of this section no later than July 1, 2024; and

(c) Seek to maximize federal financial participation on medicaid coverage for individuals identified in subsection (1) of this section.

History:

[56-270, added 2024, ch. 186, sec. 1, p. 674.]
Idaho Code § 56-1019 — Idaho Code / Title 56 / Chapter 10 / Section 56-1019
56-1019 SERVICES TO VICTIMS OF CYSTIC FIBROSIS.
Status: in_force

56-1019. Services to victims of cystic fibrosis. The department of health and welfare shall establish, through the crippled children's program, a program of services to persons suffering from cystic fibrosis who are twenty-one (21) years or more of age. The department shall establish uniform standards of financial eligibility for services provided under this section.

History:

[(56-1019) 39-147, added 1978, ch. 334, sec. 2, p. 863; am. 1986, ch. 38, sec. 1, p. 121; am. and redesig. 2001, ch. 110, sec. 14, p. 383.]
Idaho Code § 56-250 — Idaho Code / Title 56 / Chapter 2 / Section 56-250
56-250 SHORT TITLE.
Status: in_force

56-250. Short title. This act shall be known and may be cited as the "Idaho Medicaid Simplification Act."

History:

[56-250, added 2006, ch. 278, sec. 1, p. 853.]
Idaho Code § 56-407 — Idaho Code / Title 56 / Chapter 4 / Section 56-407
56-407 TRANSFER OF FUNDS FROM COOPERATIVE EMERGENCY REVENUE FUND.
Status: in_force

56-407. Transfer of funds from cooperative emergency revenue fund. All money in the cooperative emergency revenue fund on the effective date of this act are hereby transferred and appropriated to the cooperative welfare fund; and all obligations incurred against the cooperative emergency revenue fund which are outstanding on such date shall be payable from the cooperative welfare fund; and all references to the cooperative emergency revenue fund shall hereafter be construed to apply to the cooperative welfare fund.

History:

[56-407, added 1941, ch. 180, sec. 7, p. 376.]
Idaho Code § 56-1101 — Idaho Code / Title 56 / Chapter 11 / Section 56-1101
56-1101 DEFINITIONS.
Status: in_force

56-1101. Definitions. As used in this chapter, unless the context requires otherwise:

(1) "Account holder" means a member of a low-income household who is the named depositor of an individual development account.

(2) "Board" means the individual development account advisory board as established pursuant to the provisions of this chapter.

(3) "Fiduciary organization" means a nonprofit, fundraising organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code, approved by the state, including any Indian tribe as defined in section 4(12) of the native American housing assistance and self-determination act of 1996 (25 U.S.C. section 4103(12)) and any tribal subsidiary, subdivision, or other wholly owned tribal entity.

(4) "Financial institution" means any state bank, national bank, savings bank, savings and loan association, credit union, insurance company, brokerage firm or other similar entity that insures the deposits of its investors and is authorized to do business in this state.

(5) "Individual development account" means a contract between an account holder and a fiduciary organization, for the deposit of funds into a financial institution by the account holder, and the deposit of matching funds into the financial institution by the fiduciary organization from private and public contributions made to the fiduciary organization for such purpose, to allow the account holder to accumulate assets for use toward achieving a specific purpose approved by the fiduciary organization.

(6) "Low-income household" means a single person or family whose adjusted annual income is less than two hundred percent (200%) of the annual federal poverty guideline.

History:

[56-1101, added 2002, ch. 149, sec. 1, p. 435.]
Idaho Code § 56-403 — Idaho Code / Title 56 / Chapter 4 / Section 56-403
56-403 BUDGET ESTIMATE — REQUISITION FOR FUNDS.
Status: in_force

56-403. Budget estimate — Requisition for funds. At the beginning of each calendar quarter, or oftener, the director of the department of health and welfare shall make and file with the state board of examiners for examination a claim upon the general fund for funds appropriated to the department of health and welfare in an amount estimated to be sufficient to meet the needs of such department for the period. Such claim shall be supported by such estimates of anticipated expenditures as the board may require.

History:

[56-403, added 1941, ch. 180, sec. 3, p. 376; 1972, ch. 196, sec. 14, p. 483; am. 1974, ch. 23, sec. 171, p. 633.]
Idaho Code § 56-1704 — Idaho Code / Title 56 / Chapter 17 / Section 56-1704
56-1704 DUTIES OF THE DIRECTOR.
Status: in_force

56-1704. duties of the director. The director shall have the power and duty to:

(1) Declare that crisis standards of care are activated in a region or statewide if conditions warrant a declaration; and

(2) Promulgate rules that are necessary to carry out the policies and purposes of this chapter.

History:

[56-1704, added 2022, ch. 253, sec. 1, p. 830.]
Idaho Code § 56-1203 — Idaho Code / Title 56 / Chapter 12 / Section 56-1203
56-1203 DIRECTORS OF IDAHO STATE INDEPENDENT LIVING COUNCIL.
Status: in_force

56-1203. Directors of Idaho state independent living council. Directors of the Idaho state independent living council shall be appointed by, and serve at the pleasure of, the governor. The governor shall comply with the provisions of the rehabilitation act of 1973, as amended, in making appointments to the council. The council shall select an executive director to carry out the executive functions of the council.

History:

[56-1203, added 2004, ch. 327, sec. 1, p. 979; am. 2016, ch. 224, sec. 1, p. 619.]
Idaho Code § 56-501 — Idaho Code / Title 56 / Chapter 5 / Section 56-501
56-501 SHORT TITLE.
Status: in_force

56-501. short title. This chapter shall be known and may be cited as the "Refugee Medical Assistance Act."

History:

[56-501, added 2025, ch. 166, sec. 1, p. 798.]
Idaho Code § 56-1104 — Idaho Code / Title 56 / Chapter 11 / Section 56-1104
56-1104 APPROVED PURPOSE OF ACCOUNT — EMERGENCY WITHDRAWAL — REMOVAL OF ACCOUNT HOLDER FROM PROGRAM.
Status: in_force

56-1104. Approved purpose of account — Emergency withdrawal — Removal of account holder from program. (1) A person may establish an individual development account only for a purpose approved by a fiduciary organization. Disbursements from an account for an approved purpose shall be made directly by the fiduciary organization on behalf of the account holder but in no event shall the fiduciary organization make a disbursement for an approved purpose directly to the account holder. Purposes that the fiduciary organization may approve are:

(a) Educational costs for any family member eighteen (18) years of age or older, at an accredited institution of postsecondary education.

(b) The purchase of a primary residence. In addition to payment on the purchase price of the residence, account moneys may be used to pay any usual or reasonable settlement, financing or other closing costs. The account holder must not have owned or held any interest in a residence during the three (3) years prior to making the purchase. However, this three (3) year period shall not apply to displaced homemakers or other individuals who have lost home ownership as a result of divorce.

(c) The capitalization of a small business. Account moneys may be used for capital, plant, equipment and inventory expenses or for working capital pursuant to a business plan. The business plan must have been developed through a financial institution, nonprofit microenterprise program or other qualified agent demonstrating business expertise and have been approved by the fiduciary organization. The business plan must include a description of the services or goods to be sold, a marketing plan and projected financial statements.

(2) (a) If an emergency occurs, an account holder may withdraw all or part of the account holder's deposits to an individual development account for a purpose not described in subsection (1) of this section. As used in this paragraph, an approved emergency includes making payments for necessary medical expenses, to avoid eviction of the account holder from the account holder's residence and for necessary living expenses following a loss of employment.

(b) The account holder must reimburse the account for the amount withdrawn under this subsection within twelve (12) months after the date of the withdrawal. Failure of an account holder to make a timely reimbursement to the account is grounds for removing the account holder from the individual development account program. Until the reimbursement has been made in full, an account holder shall not be approved for matching funds or accrued interest on matching funds.

(3) If an account holder withdraws, or directs the withdrawal, of moneys from an individual development account for other than an approved purpose, the fiduciary organization may remove the account holder from the program.

(4) If an account holder moves from the area where the program is conducted or is otherwise unable to continue in the program, the fiduciary organization may remove the account holder from the program.

(5) If an account holder is removed from the program under subsection (2), (3) or (4) of this section, the account holder shall retain moneys he or she deposited in the account, including interest earned. In the event of the death of the account holder, moneys deposited in the account by the account holder and interest earned on those deposits shall be distributed to the designated beneficiary of the account and, if there is none, then according to the laws of the state of Idaho as moneys of the estate of the account holder. If the account holder is removed from the program or in the event of the account holder's death, all matching deposits in the account and all interest earned on matching deposits shall revert to the fiduciary organization. The fiduciary organization shall use the reverted funds as a source of matching deposits for other accounts.

History:

[56-1104, added 2002, ch. 149, sec. 1, p. 437.]
Idaho Code § 56-209k — Idaho Code / Title 56 / Chapter 2 / Section 56-209k
56-209k CHILDREN.
Status: in_force

56-209k. Children. If a parent is deemed ineligible for cash assistance due to the operation of this act, his or her dependent child's eligibility for cash assistance is not affected.

If a parent is deemed ineligible for cash assistance due to the operation of this act, an appropriate protective payee may be established for the benefit of the child.

If the parent refuses to cooperate in establishing an appropriate protective payee for the child, the department may appoint one.

History:

[56-209k, added 2000, ch. 467, sec. 3, p. 1449.]
Idaho Code § 56-1403 — Idaho Code / Title 56 / Chapter 14 / Section 56-1403
56-1403 HOSPITAL ASSESSMENT FUND ESTABLISHED.
Status: in_force

56-1403. Hospital assessment fund established. (1) There is hereby created in the office of the state treasurer a dedicated fund to be known as the hospital assessment fund, hereinafter "fund," to be administered by the department of health and welfare, hereinafter "department." The state treasurer shall invest idle moneys in the fund and any interest received on those investments shall be returned to the fund. All moneys in the fund are continuously appropriated to the department for the purposes specified in this chapter.

(2) Moneys in the fund shall consist of:

(a) All moneys collected or received by the department from private hospital assessments required by 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 and section 56-1404, Idaho Code. Moneys in the fund shall be distributed by the department for the following purposes only:

(a) Payments to private hospitals as required under Idaho's medical assistance program as set forth in sections 56-209b and 56-209c, Idaho Code;

(b) Reimbursement of moneys collected by the department from private hospitals through error or mistake in performing the activities authorized under Idaho's medical assistance program;

(c) Payments of administrative expenses incurred by the department or its agent in performing the activities authorized by this chapter;

(d) Payments made to the federal government to repay excess payments made to private hospitals from the fund if the assessment plan is deemed out of compliance and after the state has appealed the findings. Hospitals shall refund the payments in question to the assessment fund. The state in turn shall return funds to both the federal government and hospital providers in the same proportion as the original financing. Individual hospitals shall be reimbursed based on the proportion of the individual hospital's assessment to the total assessment paid by all private hospitals. If a hospital is unable to refund payments, the state shall develop a payment plan and deduct moneys from future medicaid payments;

(e) Transfers to any other fund in the state treasury, provided such transfers shall not exceed the amount transferred previously from that other fund into the hospital assessment fund; and

(f) Offsetting general funding needed to support Idaho medicaid.

History:

[56-1403, added 2010, ch. 186, sec. 7, p. 396; am. 2014, ch. 250, sec. 1, p. 629; am. 2022, ch. 133, sec. 1, p. 496; am. 2025, ch. 82, sec. 64, p. 371; am. 2025, ch. 118, sec. 7, p. 627.]
Idaho Code § 56-1503 — Idaho Code / Title 56 / Chapter 15 / Section 56-1503
56-1503 DEFINITIONS.
Status: in_force

56-1503. Definitions. As used in this chapter:

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

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

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

(4) "Fund" means the nursing facility assessment fund established pursuant to section 56-1504, Idaho Code.

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

(6) "Nursing facility" means a nursing facility as defined in section 39-1301, Idaho Code, and licensed pursuant to chapter 13, title 39, Idaho Code.

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

(8) "Medicare part A resident days" means those resident days funded by the medicare program or by a medicare advantage or special needs plan.

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

(10) "Value-based purchasing payments" means supplemental payments effective in state fiscal year 2021 made to providers for reaching department-selected quality indicators.

History:

[56-1503, added 2009, ch. 221, sec. 1, p. 687; am. 2018, ch. 49, sec. 1, p. 125.]
Idaho Code § 56-203E — Idaho Code / Title 56 / Chapter 2 / Section 56-203E
56-203E LOTTERY PRIZE SET-OFF PROCEDURE FOR SUPPORT DEBT.
Status: in_force

56-203E. Lottery prize set-off procedure for support debt. (1) The Idaho state lottery shall immediately withhold, set-off and transfer prize moneys of a lottery prize winner to the department of health and welfare upon notification and verification from the department of health and welfare to collect a support delinquency. The set-off or withholding of a prize shall be final only after the following conditions have been met:

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

(b) The department of health and welfare, bureau of child support enforcement, shall forward to the Idaho state lottery the full name and social security number of the obligor and the amount of the delinquent child support. The Idaho state lottery shall notify the department of health and welfare of the amount of the prize withheld to satisfy the child support delinquency and the prize winner's address.

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

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

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

History:

[56-203E, added 1990, ch. 153, sec. 2, p. 338; am. 2013, ch. 250, sec. 1, p. 608.]
Idaho Code § 56-2301 — Idaho Code / Title 56 / Chapter 23 / Section 56-2301
56-2301 SHORT TITLE.
Status: in_force

56-2301. short title. This chapter shall be known and may be cited as the "Quality Assurance for Clinical Laboratories."

History:

[56-2301, added 2025, ch. 84, sec. 14, p. 398.]
Idaho Code § 56-1202 — Idaho Code / Title 56 / Chapter 12 / Section 56-1202
56-1202 IDAHO STATE INDEPENDENT LIVING COUNCIL — POWERS.
Status: in_force

56-1202. Idaho state independent living council — Powers. The council shall:

(1) Be independent of any state agency;

(2) Adopt bylaws and policies governing its operation;

(3) Provide to the council's employees the employee benefit package offered to state of Idaho employees; and

(4) Meet at least quarterly.

History:

[56-1202, added 2004, ch. 327, sec. 1, p. 978.]
Idaho Code § 56-203 — Idaho Code / Title 56 / Chapter 2 / Section 56-203
56-203 POWERS OF STATE DEPARTMENT.
Status: in_force

56-203. Powers of state department. The state department shall have the power to:

(1) Enter into contracts and agreements with the federal government through its appropriate agency or instrumentality whereby the state of Idaho shall receive federal grants-in-aid or other benefits for public assistance or public welfare purposes under any act or acts of congress heretofore or hereafter enacted;

(2) Cooperate with the federal government in carrying out the purposes of any federal acts pertaining to public assistance or welfare services, and in other matters of mutual concern;

(3) Cooperate with county governments and other branches of government and other agencies, public or private, in administering and furnishing public welfare services;

(4) Enter into reciprocal agreements with other states relative to the provisions of public assistance and welfare services to residents and nonresidents;

(5) Initiate and administer public assistance and social services for persons with physical or mental disabilities;

(6) Establish such requirements of residence for public assistance under this chapter as may be deemed advisable, subject to any limitations imposed in this chapter, including the requirements of lawful presence pursuant to section 67-7903, Idaho Code;

(7) Define persons entitled to medical assistance in such terms as will meet requirements for federal financial participation in medical assistance payments;

(8) Accept the legal custody of children committed to it by district courts of this state under the child protective act, to provide protective supervision as defined therein, to place children for adoption when such children are in the legal custody of the state department and are legally available for adoption, and to exercise consent to adoption when the authority to do so is vested in the department by court order or legally authorized parental relinquishment;

(9) Determine the amount, duration and scope of care and services to be purchased as medical assistance on behalf of needy eligible individuals;

(10) Manage and operate the southwest Idaho treatment center at Nampa, Idaho; and

(11) Manage and operate state hospital north at Orofino, Idaho; state hospital south at Blackfoot, Idaho; and state hospital west at Nampa, Idaho.

History:

[56-203, added 1941, ch. 181, sec. 3, p. 379; am. 1945, ch. 109, sec. 3, p. 165; am. 1959, ch. 241, sec. 1, p. 523; am. 1961, ch. 217, sec. 2, p. 346; am. 1963, ch. 325, sec. 1, p. 936; am. 1966 (2nd E.S.), ch. 11, sec. 2, p. 28; am. 1967, ch. 373, sec. 15, p. 1071; am. 1967 (1st E.S.), ch. 5, sec. 2, p. 23; am. 1972, ch. 44, sec. 6, p. 67; am. 1973, ch. 161, sec. 1, p. 306; am. 2010, ch. 235, sec. 44, p. 583; am. 2011, ch. 102, sec. 2, p. 261; am. 2022, ch. 60, sec. 2, p. 184; am. 2025, ch. 275, sec. 1, p. 1166.]
Idaho Code § 56-218A — Idaho Code / Title 56 / Chapter 2 / Section 56-218A
56-218A MEDICAL ASSISTANCE LIENS DURING LIFE OF RECIPIENT.
Status: in_force

56-218A. Medical assistance liens during life of recipient. (1) The department may recover and may impose a lien against the real property of any individual prior to his death for medical assistance paid or about to be paid under this chapter on behalf of an individual:

(a) Who is an inpatient in a nursing facility, intermediate care facility for people with intellectual disabilities, or other medical institution, if such individual is required, as a condition of receiving services in such institution under the state plan, to spend for costs of medical care all but a minimal amount of his income required for personal needs; and

(b) With respect to whom the department has determined, after notice and opportunity for hearing, that he cannot reasonably be expected to be discharged from the medical institution and to return home.

(2) No lien may be imposed on the home of an individual under subsection (1) of this section if any of the following is lawfully residing in such home:

(a) The spouse of such individual;

(b) Such individual's child under age twenty-one (21) years;

(c) Such individual's child who is blind or permanently and totally disabled as defined in 42 U.S.C. 1382c; or

(d) A sibling of such individual who holds an equity interest in such home and who was residing in such home for a period of at least one (1) year prior to the individual's admission to the medical institution.

(3) (a) The lien shall be perfected by filing in the office of the secretary of state a notice of lien pursuant to section 45-1904, Idaho Code. The notice of lien shall include, in addition to the information required by section 45-1904, Idaho Code, the amount paid or about to be paid by the department on behalf of the individual, and, if applicable, the fact that the amount of the lien may increase over time.

(b) The department shall file any notice of lien under this section within ninety (90) days of the final determination of the department, after hearing if any, required in subsection (1)(b) of this section, with the exception of property against which the department is prevented from filing a lien pursuant to subsection (2) of this section. With respect to the property described in subsection (2) of this section, the department shall file a notice of lien within ninety (90) days after the department is notified in writing that subsection (2) of this section ceases to apply to the property.

(4) Any lien imposed in accordance with subsection (1) of this section shall dissolve upon the individual's discharge from the medical institution and return home.

(5) No recovery shall be made under this section for medical assistance correctly paid except from such individual's estate as defined in subsection (4) of section 56-218, Idaho Code, and subject to subsections (1)(d), (5) and (6) of section 56-218, Idaho Code, or upon sale of the property subject to a lien and may be made only after the death of such individual's surviving spouse, if any, and only at a time:

(a) When he has no surviving child who is under age twenty-one (21) years, or who is blind or permanently and totally disabled as defined in 42 U.S.C. 1382c; or

(b) In the case of a lien on an individual's home under subsection (1) of this section, when none of the following is lawfully residing in such home who has lawfully resided in such home on a continuous basis since the date of the individual's admission to the medical institution:

(i) A sibling of the individual, who was residing in the individual's home for a period of at least one (1) year immediately before the date of the individual's admission to the medical institution; or

(ii) A son or daughter of the individual, who was residing in the individual's home for a period of at least two (2) years immediately before the date of the individual's admission to the medical institution and who establishes to the satisfaction of the state that he or she provided care to such individual which permitted such individual to reside at home rather than in an institution.

(6) The director shall promulgate rules reasonably necessary to implement this section including, but not limited to, rules establishing undue hardship waivers, as provided in section 56-218(7), Idaho Code, and a procedure for notice and opportunity for hearing on the department's determination that an individual cannot reasonably be expected to be discharged from a medical institution and to return home.

History:

[56-218A, added 1995, ch. 105, sec. 2, p. 337; am. 1997, ch. 205, sec. 3, p. 613; am. 2006, ch. 179, sec. 3, p. 557; am. 2010, ch. 235, sec. 45, p. 583.]
Idaho Code § 56-2404 — Idaho Code / Title 56 / Chapter 24 / Section 56-2404
56-2404 CERTIFICATION OVERSIGHT AND REQUIREMENTS.
Status: in_force

56-2404. certification oversight and requirements. (1) Qualified representatives of the department of health and welfare are authorized to audit the premises and operations of all certified laboratories to determine the adequacy of the laboratory to perform drinking water compliance testing. On-site audits shall occur a minimum of every three (3) years or more frequently at the discretion of the department. Departmental representatives shall issue a written report of audit findings, list items requiring a laboratory response, and specify the response time frame required to maintain certification.

(2) Test results shall be submitted in a format approved by the department of environmental quality and shall be reported to the department of environmental quality, or the department's designee, no later than ten (10) business days after the completion of testing or upon receipt of results from subcontracted laboratories.

(3) As soon as feasible, a laboratory shall notify the department of environmental quality, or the department's designee, of any nitrate and nitrate level exceeding the current maximum contaminant level. Notification shall also be made for any other regulated chemical or radiological contaminant that exceeds four (4) times the maximum contaminant level. Notification requirements apply to any samples subcontracted to another laboratory.

(4) A laboratory shall notify the department of environmental quality, or the department's designee, of any total coliform positive result by the end of the day, unless the positive result is obtained after the department of environmental quality is closed and the department of environmental quality does not have either an after-hours phone line or an alternative notification procedure, in which case the laboratory shall notify the department of environmental quality before the end of the next business day.

History:

[(56-2404) 56-2204, added 2025, ch. 84, sec. 13, p. 398; am. and redesig. 2026, ch. 251, sec. 26, p. 1082.]
Idaho Code § 56-235C — Idaho Code / Title 56 / Chapter 2 / Section 56-235C
56-235C NOTICE OF DISCHARGE — REQUEST FOR HEARING.
Status: in_force

56-235C. notice of discharge — request for hearing. (1) Before a discharge plan is implemented, the resident and the resident's spouse, guardian, adult next of kin or friend, if any, shall be given an opportunity to participate in the development and review of the admission-discharge committee's discharge plan.

(2) If, after reasonable efforts have been exhausted, the resident or the resident's spouse, guardian, adult next of kin or friend, if any, does not agree with the admission-discharge committee's discharge plan, ninety (90) days prior to discharge, written notice shall be filed with the committing court, if any, and served by registered or certified mail upon the resident, resident's attorney, and either the resident's spouse, guardian, adult next of kin or friend, if any. The written notice must include a statement advising the resident of the right to request a hearing by the director and must also include a statement advising the resident of the right to judicial review.

(3) Within fifteen (15) days from receipt of the notice of discharge, the resident may serve a written request for hearing upon the director. Upon receipt of such request, the director shall fix a date for hearing, which date shall not be more than thirty (30) days from receipt of the request, and shall give the resident at least fifteen (15) days' written notice of said hearing date. Within thirty (30) days after the conclusion of the hearing, the director shall notify the resident in writing by registered or certified mail of his decision. A transfer shall not be implemented during any period in which a request for hearing is pending and undecided by the director. If no request for hearing is made within fifteen (15) days from receipt of the notice of discharge, the director may discharge the resident.

(4) The director shall periodically monitor the adjustment of the former resident to his transfer to a community facility or private residence. If within ninety (90) days following a transfer to a community facility or private residence, an admission-discharge committee determines that the former resident is not adjusting to the transfer and there is no other available community facility or private residence least restrictive, appropriate and consistent with the needs of the former resident, the director may make the determination that the former resident be readmitted to the southwest Idaho treatment center in accordance with section 56-235A, Idaho Code.

History:

[56-235C, added 2011, ch. 101, sec. 5, p. 258; am. 2012, ch. 107, sec. 11, p. 295.]
Idaho Code § 56-905 — Idaho Code / Title 56 / Chapter 9 / Section 56-905
56-905 SEVERABILITY.
Status: in_force

56-905. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.

History:

[56-905, added 1987, ch. 328, sec. 1, p. 688.]
Idaho Code § 56-2103 — Idaho Code / Title 56 / Chapter 21 / Section 56-2103
56-2103 DEFINITIONS.
Status: in_force

56-2103. DEFINITIONS. As used in this chapter:

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

(2) "Health care provider" means a person licensed, certified, or otherwise authorized by law to administer health care services in the ordinary course of business or practice of a profession, including a physician, physician assistant, and advanced practice registered nurse.

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

(4) "Hospital" means a medical hospital as defined in section 39-1301, Idaho Code, including freestanding emergency departments.

(5) "Likely to injure themselves or others" means:

(a) A substantial risk that serious physical harm will be inflicted by the person upon their own person, as evidenced by threats of suicide or threats to inflict serious physical harm on themselves;

(b) A substantial risk that serious physical harm will be inflicted by the person upon another as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or

(c) The person lacks insight into the need for treatment and is unable or unwilling to comply with treatment based on the person's medical history, clinical observation, or other clinical evidence, and if the person does not receive and comply with treatment, there is a substantial risk that the person will continue to physically, emotionally, or cognitively deteriorate to the point that the person will, in the reasonably near future, inflict serious physical harm on themselves or another person.

(6) "Neurocognitive disorder" has the same meaning as provided in section 66-317(13), Idaho Code, except that for purposes of this chapter neurocognitive disorder does not include decreased mental function due to inappropriate use or abuse of substances or medications.

(7) "Peace officer" means an employee of a law enforcement agency that is a part of or administered by the state or any political subdivision of the state and whose duties include and primarily consist of the prevention and detection of crime and the enforcement of penal, traffic, or highway laws of the state or any political subdivision of the state. Peace officer also means an employee of a police or law enforcement agency of a federally recognized Indian tribe who has satisfactorily completed the peace officer standards and training academy and has been deputized by a sheriff of a county or a chief of police of a city of the state of Idaho.

(8) "Protective custody" means when a peace officer detains a person and takes such person to a hospital. The peace officer shall make every reasonable effort to protect the person's health and safety while the peace officer takes reasonable steps to protect the peace officer's safety. Protective custody under this section is not an arrest.

History:

[(56-2103) 56-1903, added 2024, ch. 264, sec. 1, p. 918; am. and redesig. 2025, ch. 211, sec. 29, p. 1001.]
Idaho Code § 56-1050 — Idaho Code / Title 56 / Chapter 10 / Section 56-1050
56-1050 INJUNCTION PROCEEDINGS.
Status: in_force

56-1050. Injunction proceedings. Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of sections 56-1041 through 56-1053, Idaho Code, or any rule or order issued thereunder, the attorney general, upon the request of the department, after notice to such person and opportunity to comply, may make application to the appropriate court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the department that such person has engaged in, or is about to engage in, any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.

History:

[56-1050, added 2001, ch. 110, sec. 45, p. 394.]
Idaho Code § 56-211 — Idaho Code / Title 56 / Chapter 2 / Section 56-211
56-211 APPLICATION FOR PUBLIC ASSISTANCE — VERIFICATION FOR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
Status: in_force

56-211. Application for public assistance — verification for supplemental nutrition assistance program. (1) Application for public assistance under this section shall be made in the manner and form prescribed by the state department and the application shall contain such information bearing on the applicant's eligibility as the state department may require and as required in this section.

(2) Applicants seeking benefits under the supplemental nutrition assistance program (SNAP) shall verify to the state department the identity of each household member the applicant lists on the application for such benefits. Identification may be verified either through readily available documentary evidence, such as a birth certificate, or through a collateral contact as set forth in federal law, 7 CFR 273.2. Upon a showing of good cause by the applicant as to why such documentary evidence or collateral contact has not been provided, the state department shall grant an extension and the applicant may receive the public assistance for which he or she has applied for one (1) month. A showing of good cause shall be required each month the applicant fails to provide the state department with the required documentary evidence or collateral contact. Good cause is not shown where a delay in providing documentary evidence or providing a collateral contact is due to illness, lack of transportation or temporary absences. The provisions of this subsection shall not apply to applicants who provide, or who have previously provided, a document as set forth in section 67-7903(4)(b)(viii) or (ix), Idaho Code.

(3) Pursuant to 7 U.S.C. 2015(f), no individual shall be eligible to receive SNAP benefits unless the individual is a resident of the United States and is:

(a) A citizen or national of the United States;

(b) An alien lawfully admitted for permanent residence as an immigrant, as defined in 8 U.S.C. 1101(a)(15) or 1101(a)(20), excluding alien visitors, tourists, diplomats, students, or other individuals admitted temporarily without intent to abandon their residence in a foreign country;

(c) An alien who has been granted the status of Cuban or Haitian entrant, as defined in section 501(e), P.L. 96-422; or

(d) An individual lawfully residing in the United States in accordance with a compact of free association pursuant to 8 U.S.C. 1612(b)(2)(G).

(4) The department shall verify the eligibility for SNAP of applicants and enrollees pursuant to subsection (3) of this section as follows:

(a) If an individual is not a citizen or national of the United States but is eligible to receive SNAP benefits pursuant to subsection (3) of this section, the department shall be required to verify eligible alien status using the systematic alien verification for entitlements (SAVE) program during enrollment and each eligibility recertification. If SAVE verification is unsuccessful, the individual shall submit acceptable documentation to verify eligible alien status, including but not limited to a permanent resident card, an employment authorization document, or other official documentation issued by a federal government agency, as determined by the department.

(b) If an individual is a citizen or national of the United States for the purposes of eligibility pursuant to subsection (3) of this section, the department shall verify such citizenship or nationality during enrollment using secure and verifiable documentation, including but not limited to a certified birth certificate, a United States passport, a certificate of naturalization, a certificate of citizenship, or a consular report of birth abroad. Verification at recertification shall be required only if the department has reason to question the individual's previously verified citizenship or nationality.

(5) If verification confirms that an applicant or enrollee for SNAP is not lawfully present in the United States or no longer qualifies pursuant to this section or any successor provision of state or federal law, the department shall immediately terminate future SNAP benefits and initiate disenrollment.

(6) The department shall submit to the United States department of agriculture information concerning any household member for whom it is unable to verify eligible citizenship or ineligible alien status pursuant to 7 U.S.C. 2015(f) and this section, regardless of whether such household member is applying to participate in the program as a member of such household.

(7) When administering SNAP, the department shall:

(a) Consider the entire income and financial resources of any individual rendered ineligible for participation in SNAP pursuant to 7 U.S.C. 2015(f) and subsection (3) of this section when determining the eligibility and benefit allotment of the household of which such individual is a member; and

(b) Notwithstanding any options provided pursuant to 7 CFR 273.11(c)(3), not prorate or exclude the income or financial resources of ineligible aliens pursuant to 7 U.S.C. 2015(f) and subsection (3) of this section. All such income and resources shall be fully considered.

(8) The state department may promulgate rules, subject to legislative approval, to implement the provisions of this section.

History:

[56-211, added 1941, ch. 181, sec. 11, p. 379; am. 2011, ch. 269, sec. 1, p. 729; am. 2026, ch. 294, sec. 2, p. 1217.]
Idaho Code § 56-234 — Idaho Code / Title 56 / Chapter 2 / Section 56-234
56-234 LEGISLATIVE INTENT.
Status: in_force

56-234. legislative intent. It is hereby declared by the legislature that, in keeping with current state and national goals and best practice, increasing numbers of persons with developmental disabilities are being discharged to community facilities or private residences as an alternative to large public institutions licensed as intermediate care facilities for persons with intellectual disabilities. Such deinstitutionalization is highly desirable since it can lead to a fuller, richer and more independent life for persons with developmental disabilities. Recognizing that every individual has unique needs and differing abilities, the purpose of the following provisions is to clarify the department of health and welfare's duties and responsibilities with respect to persons with developmental disabilities, who are or may become residents of the southwest Idaho treatment center. The following provisions shall be liberally construed to accomplish these purposes.

History:

[56-234, added 2011, ch. 101, sec. 1, p. 256; am. 2012, ch. 107, sec. 7, p. 293; am. 2022, ch. 77, sec. 1, p. 216.]
Idaho Code § 56-1805 — Idaho Code / Title 56 / Chapter 18 / Section 56-1805
56-1805 PROGRAM PROVIDERS — REQUIREMENTS — REVOCATION OF APPROVAL — AGREEMENT REVIEW.
Status: in_force

56-1805. PROGRAM PROVIDERS — REQUIREMENTS — REVOCATION OF APPROVAL — AGREEMENT REVIEW. (1) Extended employment services providers must be approved by the department prior to participation in the program. The department shall enter an agreement with each approved provider. The agreement shall specify:

(a) Minimum provider requirements:

(i) The provider must be accredited by an approved national or regional accrediting body, specific to vocational supports for individuals with disabilities. Approved program accrediting bodies will be published annually to the department's website; and

(ii) The providers must remain in good standing with their accreditor;

(b) Services to be offered by the provider;

(c) Scope of work under the agreement;

(d) Service fees;

(e) Provider appeal process; and

(f) Other terms, conditions, and provisions as determined by the department.

(2) The department may terminate or revoke the approval status and discontinue authorizing or purchasing services from providers for actions in violation of the agreement or program requirements.

(3) A provider agreement shall be reviewed annually by the department, in collaboration with the providers, and is subject to revision as required by the department.

(4) Providers must maintain program participant files for five (5) years from the last date of service.

(5) The department may audit billing records and other documentation submitted by providers to verify the accuracy of such records.

(6) The department may deny, revoke, or recover service payments if the provider fails to comply with the terms of the provider agreement.

History:

[(56-1805) 56-1705, added 2022, ch. 200, sec. 2, p. 655; am. and redesig. 2023, ch. 218, sec. 21, p. 648.]
Idaho Code § 56-133 — Idaho Code / Title 56 / Chapter 1 / Section 56-133
56-133 ADMINISTRATIVE REVIEW PROCESS.
Status: in_force

PART D

MISCELLANEOUS

56-133. Administrative review process. (a) Within thirty (30) days after a facility is notified of an action or determination it wishes to challenge, such facility shall request in writing that the director review such determination. The request shall be signed by the licensed administrator of the facility, shall identify the challenged determination and the date thereof, and shall state as specifically as practicable the grounds for its contention that the determination was erroneous. Copies of any documentation on which such facility intends to rely to support its position shall be included with the request.

(b) After receiving a request meeting the above criteria, the director will contact the facility to schedule a conference for the earliest mutually convenient time. The conference shall be scheduled for no later than thirty (30) days after a properly-completed request is received, unless both parties agree in writing to a specified later date.

(c) The facility and the director shall attend the conference. In addition, representatives selected by the facility may attend and participate. The facility shall bring to the conference, or provide to the director in advance of the conference, any documentation on which the facility intends to rely to support its contentions. The parties shall clarify and attempt to resolve the issues at the conference. If additional documentation is needed to resolve the issues, a second session of the conference shall be scheduled for not later than thirty (30) days after the initial session, unless both parties agree in writing to a specific later date.

(d) A written decision by the director will be furnished to the facility within thirty (30) days after the conclusion of the conference.

(e) If the facility desires review of an adverse decision of the director, it shall, within twenty-eight (28) days following receipt of such decision, request a hearing in writing on the contested matter, in accordance with the provisions of chapter 52, title 67, Idaho Code.

History:

[56-133, added 1981, ch. 159, sec. 1, p. 280; am. 1993, ch. 216, sec. 94, p. 664.]
Idaho Code § 56-209c — Idaho Code / Title 56 / Chapter 2 / Section 56-209c
56-209c DENIAL OF PAYMENT FOR ABORTIONS UNDER CERTAIN CONDITIONS.
Status: in_force

56-209c. Denial of payment for abortions under certain conditions. No funds available to the department of health and welfare, by appropriation or otherwise, shall be used to pay for abortions, unless it is the recommendation of one (1) consulting physician that an abortion is necessary to save the life of the mother, or unless the pregnancy is a result of rape, as defined in section 18-6101, Idaho Code, or incest as determined by the courts.

History:

[56-209c, added 1977, ch. 321, sec. 1, p. 898; am. 2001, ch. 273, sec. 3, p. 997.; am. 2011, ch. 152, sec. 2, p. 437.]
Idaho Code § 56-2605 — Idaho Code / Title 56 / Chapter 25 / Section 56-2605
56-2605 MEDICAID CONTRACTUAL COMPLIANCE.
Status: in_force

56-2505 [56-2605]. medicaid contractual compliance. (1) Compliance with this chapter shall be a material condition of all Idaho participating medicaid health care provider agreements as applied to medicaid-funded activities.

(2) This section shall be implemented in a manner consistent with federal medicaid requirements and centers for medicare and medicaid services guidance.

History:

[(56-2605) 56-2505, added 2026, ch. 289, sec. 1, p. 1209.]
Idaho Code § 56-1705 — Idaho Code / Title 56 / Chapter 17 / Section 56-1705
56-1705 PATIENT AND RESIDENT RIGHTS UNDER CRISIS STANDARDS OF CARE.
Status: in_force

56-1705. Patient and resident Rights under Crisis Standards of Care. During any period of time in which crisis standards of care are activated:

(1) All existing and applicable state and federal patient and resident rights shall be applied. These rights include but are not limited to adherence to a patient's or resident's advance directives and access to patient or resident advocates and decision-makers. No patient or resident shall be denied life-sustaining nutrition and hydration, except when expressly authorized by the patient or resident or the patient's or resident's legal representative for health care decisions; and

(2) A patient or resident in a facility has the right to visitation from essential caregivers while receiving assistance or health care services at a facility, even if other visitors are being excluded by the facility. However, the essential caregiver must follow safety and other protocols imposed by the facility, and a facility may place reasonable restrictions as to where and when the essential caregiver may visit. For purposes of this subsection, a restriction is reasonable if the restriction:

(a) Is necessary to prevent the disruption of assistance or health care services to the patient or resident; and

(b) Does not interfere with the patient's or resident's general right to visitation by an essential caregiver.

History:

[56-1705, added 2022, ch. 253, sec. 1, p. 830.]
Idaho Code § 56-1003 — Idaho Code / Title 56 / Chapter 10 / Section 56-1003
56-1003 POWERS AND DUTIES OF THE DIRECTOR.
Status: in_force

56-1003. Powers and duties of the director. The director shall have the following powers and duties:

(1) All of the powers and duties of the department of public health, the department of health, the board of health, and all nonenvironmental protection duties of the department of health and welfare are hereby vested to the director of the department of health and welfare. However, oversight of the department and rulemaking and hearing functions relating to public health and licensure and certification standards shall be vested in the board of health and welfare. Except when the authority is vested in the board of health and welfare under law, the director shall have all such powers and duties as may have been or could have been exercised by his predecessors in law, including the authority to adopt, promulgate, and enforce rules, and shall be the successor in law to all contractual obligations entered into by predecessors in law. All rulemaking proceedings and hearings of the director shall be governed by the provisions of chapter 52, title 67, Idaho Code.

(2) The director shall, pursuant and subject to the provisions of Idaho Code and this chapter, promulgate and recommend to the board rules to administer statutes related to health and licensure and certification requirements pertinent to health. Such rules may be of general application across the state or may be limited in time, place, and circumstance as needed to address problems.

(3) The director, under rules adopted by the board, shall have general supervision of the health and welfare of the people of this state. The powers and duties of the director shall include but are not limited to the following:

(a) The education of the people of this state using guidelines and recommendations for issues of health, safety, mental health, and wellness;

(b) The issuance of licenses and permits as prescribed by law and by the rules of the board;

(c) The supervision and administration of laboratories and the supervision and administration of standards of tests for environmental pollution, chemical analyses and communicable diseases. The director may require that laboratories operated by any city, county, institution, person, firm or corporation for health or environmental purposes conform to standards set by the board of health and welfare and the board of environmental quality in rule;

(d) The supervision and administration of a mental health program, which shall include services for the evaluation, screening, custody and treatment of the mentally ill and those persons suffering from a mental defect or mental defects, and services for the prevention of suicide;

(e) The supervision and administration of the various schools, hospitals, and institutions that were the responsibility of the board of health and welfare;

(f) The supervision and administration of services dealing with substance abuse, including but not limited to treatment and rehabilitation;

(g) Communication and cooperation with other governmental departments, agencies and boards in order to effectively assist with the planning for the control of or abatement of health problems. All of the rules adopted by the board shall apply to state institutions;

(h) The supervision of administrative units whose responsibility shall be to assist and encourage counties, cities, other governmental units, and industries in the control of and/or abatement of health problems; and

(i) The enforcement of all laws and rules relating to health.

(4) The director, when so designated by the governor, and any other time subject to the standard appropriations and approval process of the legislature, shall have the power to apply for, receive on behalf of the state, and utilize any federal aid, grants, gifts, or moneys made available through the federal government.

(5) The director shall have the power to enter into and make contracts and agreements with any public agencies or municipal corporations for the use of facilities, land, and equipment when such use will have a beneficial, recreational, or therapeutic effect or be in the best interest in carrying out the duties imposed upon the department. The director shall also have the power to enter into contracts for the expenditure of state matching funds for local purposes. This subsection will constitute the authority for public agencies or municipal corporations to enter into such contracts and expend money for the purposes delineated in such contracts.

(6) The director is authorized to adopt an official seal to be used on appropriate occasions, in connection with the functions of the department or the board, and such seal shall be judicially noticed. Copies of any books, records, papers and other documents in the department shall be admitted in evidence equally with the originals thereof when authenticated under such seal.

(7) The director, under rules adopted by the board of health and welfare and approved by the legislature pursuant to section 67-5291, Idaho Code, and section 29, article III of the constitution of the state of Idaho, shall have the power to impose and enforce orders of isolation, quarantine, or restricted access to protect the public from the spread of infectious or communicable diseases or from contamination from chemical, nuclear, or biological agents, whether naturally occurring or propagated by criminal or terrorist act.

(a) An order of isolation may be issued only for a person diagnosed with an infectious or a communicable disease, presenting medically unknown symptoms, or contaminated from a chemical, nuclear, or biological agent and only while a person is infectious, displaying unknown symptoms, or contaminated.

(b) An order of quarantine may be issued only for a person exposed to:

(i) An infectious or a communicable disease;

(ii) A person displaying medically unknown symptoms; or

(iii) Contamination from a chemical, nuclear, or biological agent;

under circumstances likely to result in the spread of the disease, symptoms, or contaminant to the person who had such contact and only for a reasonable period of time sufficient to determine whether the exposed person will become sick.

(c) If the director has reasonable cause to believe a chemical, nuclear, or biological agent has been released in an identifiable place, including a building or structure, the director may impose an order of restricted access into or out of that place for the purpose of determining whether that place has been contaminated with a chemical, nuclear, or biological agent that may create a substantial and immediate danger to the public. An order of restricted access shall be effective only until such time as the contamination has been remediated and the area of restricted access has been determined to no longer pose an immediate health risk.

(d) An order of isolation, quarantine, or restricted access issued pursuant to this section shall not be subject to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, but shall be subject to judicial review as a final agency order. However, this shall not prevent the director from reconsidering, amending, or withdrawing the order. Judicial review of orders of isolation, quarantine, or restricted access shall be de novo. The court may affirm, reverse, or modify the order and shall affirm the order if the director shows by clear and convincing evidence that the order is reasonably necessary to protect the public from a substantial and immediate danger of the spread of an infectious or communicable disease or from contamination by a chemical, nuclear, or biological agent. A hearing on a request for review pursuant to this paragraph shall be held as soon as practicable but no later than three (3) business days after the request is made. Notice of the request for review to the court must be provided to the director. The court may order the person who is the subject of or affected by the order of isolation, quarantine, or restricted access to appear remotely via technology approved by the Idaho supreme court. Upon conclusion of a hearing described in this subsection, the court conducting judicial review shall issue an order:

(i) Affirming or modifying the order of isolation, quarantine, or restricted access; or

(ii) Reversing the order and releasing an individual who is the subject of or affected by such order.

(e) Any person who violates an order of isolation, quarantine, or restricted access shall be guilty of a misdemeanor.

(8) The director shall develop safeguards necessary to ensure the security of nonpublic personal information in the department's possession and to prevent undue disclosure of such information. The director shall establish a process to authenticate requests made by a person, entity or jurisdiction arising under the 2007 Hague convention on the international recovery of child support and other forms of family maintenance. In the event the department becomes aware of any improper disclosure, the director shall take all actions required under section 28-51-105, Idaho Code.

History:

[56-1003, added 2000, ch. 132, sec. 38, p. 347; am. 2003, ch. 240, sec. 2, p. 620; am. 2006, ch. 416, sec. 1, p. 1282; am. 2015, 1st E.S., ch. 1, sec. 67, p. 33; am. 2016, ch. 97, sec. 1, p. 293; am. 2021, ch. 257, sec. 2, p. 789; am. 2022, ch. 60, sec. 4, p. 185; am. 2025, ch. 47, sec. 16, p. 236; am. 2025, ch. 94, sec. 32, p. 484; am. 2026, ch. 251, sec. 24, p. 1078.]
Idaho Code § 56-226 — Idaho Code / Title 56 / Chapter 2 / Section 56-226
56-226 MEDICAID FRAUD CONTROL UNIT.
Status: in_force

56-226. Medicaid fraud control unit. (1) There is hereby established in the office of the attorney general the medicaid fraud control unit which shall have the authority and responsibilities as set forth in this section.

(2) Notwithstanding the authority and responsibility granted to the director of the department to provide for fraud control in other aspects of public assistance and public health programs, the medicaid fraud control unit shall have the authority and responsibility to conduct a statewide program for the investigation and prosecution of violations of all applicable Idaho laws pertaining to fraud in the administration of the medicaid program, the provision of medical assistance and in the activities of providers of medical assistance and services under the state plan. Further, upon approval of the inspector general of the relevant federal agency, the office of the attorney general shall have the authority and responsibility to investigate and to prosecute violations of any aspect of the provision of health care services and activities of providers of such services under any federal health care program as defined in 42 U.S.C. section 1320(a)-7b(f)1, if the suspected fraud or violation of law in such investigation or prosecution is substantially related to the state plan. The medicaid fraud control unit shall be under the exclusive control of the attorney general and be separate and distinct from the department. No official from the department shall have authority to review or override the prosecutorial decisions made by the medicaid fraud control unit.

(3) The medicaid fraud control unit shall also:

(a) Review complaints of abuse or neglect of medicaid recipients in health care facilities which receive payment pursuant to the state plan and may review complaints of the misappropriation of patients' private funds in such facilities;

(b) Review complaints of abuse or neglect of medicaid recipients residing in a board and care facility; and

(c) Review complaints of abuse or neglect of medicaid recipients or the misappropriation of medicaid recipients' private funds in other settings in which the provision of medicaid services is involved.

(4) The medicaid fraud control unit shall attempt to collect or refer to the department for collection overpayments that are made to providers of facilities under the state plan or under any federal health care program to health care facilities that are the result of fraudulent acts and that are discovered by the medicaid fraud control unit in carrying out its responsibilities under this section. Notwithstanding any other provision of Idaho Code, all funds collected by the medicaid fraud control unit in accordance with this subsection (4) shall be deposited into the state general fund.

(5) The office of the attorney general shall employ such auditors, attorneys, investigators and other personnel as are necessary to carry out the responsibilities of the medicaid fraud control unit as set forth under this section.

(6) The office of the attorney general shall submit to the secretary of the federal department of health and human services applications and reports containing such information as is determined by the secretary by regulation to be necessary to meet the requirements of subchapter XIX, chapter 7, title 42, U.S.C.

(7) In carrying out its duties and responsibilities under this section, the medicaid fraud control unit may:

(a) Request and receive the assistance of any prosecutor or law enforcement agency in the investigation and prosecution of any violation of any applicable Idaho laws pertaining to fraud in the administration of the medicaid program, the provision of medical assistance and in the activities of providers of medical assistance and services under the state plan;

(b) Enter upon the premises of any provider participating in the medicaid program to:

(i) Examine all accounts and records that are relevant in determining the existence of fraud in the medicaid program;

(ii) Investigate alleged abuse or neglect of medicaid recipients; or

(iii) Investigate alleged misappropriation of patients' private funds. The accounts or records of a nonmedicaid recipient may not be reviewed by, or turned over to the medicaid fraud control unit without the patient's written consent or a court order; and

(c) Notwithstanding any other provision of law, upon written request have full access to all records held by a medicaid provider, or by any other person on his or her behalf, that are relevant to the determination of the:

(i) Existence of civil violations or criminal offenses under this chapter or related offenses;

(ii) Existence of medicaid recipient abuse, mistreatment or neglect; or

(iii) Theft of medicaid recipient funds.

No person holding such records shall refuse to provide the medicaid fraud control unit access to such records for the purposes described in this section on the basis that release would violate the medicaid recipient's right of privacy or privilege against disclosure or use or any professional or other privilege or right.

(8) The medicaid fraud control unit shall safeguard the privacy rights of medicaid recipients to avoid unnecessary disclosure of personal information concerning named medicaid recipients. The medicaid fraud control unit may transmit such information that it deems appropriate to the department and to other agencies concerned with the regulation of health care facilities or health professionals.

(9) The medicaid fraud control unit shall be permitted to seek court-ordered restitution as reimbursement for the cost of investigation from those individuals successfully prosecuted for violations of any applicable Idaho laws pertaining to fraud in the administration of the medicaid program, the provision of medical assistance, or the activities of providers of medical assistance and services under the state plan. Any restitution payments received pursuant to this section shall be deposited in the state general fund.

(10) The attorney general shall have the authority to adopt rules necessary to implement the duties and responsibilities assigned to the medicaid fraud control unit under this section.

(11) As used in this section:

(a) "Board and care facility" means a provider of medicaid services in a residential setting which receives payment from or on behalf of two (2) or more unrelated adults who reside in such facility, and for whom one (1) or more of the following is provided:

(i) Nursing care services provided by, or under the supervision of, a registered nurse, licensed practical nurse or certified nurses aide; or

(ii) A substantial amount of personal care services that assist residents with the activities of daily living, including personal hygiene, dressing, bathing, eating, toileting, ambulation, transfer of positions, self-medication, body care, travel to medical services, essential shopping, meal preparation, laundry and housework.

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

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

(d) "Medicaid" means Idaho's medical assistance program.

(e) "Provider" means any individual, partnership, association, corporation or organization, public or private, which provides residential or assisted living services, certified family home services, nursing facility services or services offered pursuant to medical assistance.

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

(g) "State plan" means the Idaho state plan pursuant to subchapter XIX, chapter 7, title 42 U.S.C.

History:

[56-226, added 2007, ch. 341, sec. 4, p. 1005; am. 2024, ch. 228, sec. 1, p. 803.]
Idaho Code § 56-708 — Idaho Code / Title 56 / Chapter 7 / Section 56-708
56-708 ABLE ACCOUNTS.
Status: in_force

56-708. able accounts. (1) Findings and intent. The federal achieving a better life experience (ABLE) act, public law 113-295, 26 U.S.C. 529A, provides that a state may establish a program under which certain individuals with disabilities may open accounts in order to save money to pay for qualified disability expenses, such as expenses relating to education, housing, transportation, employment training and assistive technology. These accounts may be opened by qualified Idahoans in any state having an ABLE account program and are to be disregarded when determining an individual's eligibility for assistance programs established by federal law, including medicaid and supplemental security income. The legislature finds that ABLE accounts promote dignified personal independence and opportunities for individuals with disabilities. It is therefore the intent of the legislature to:

(a) Create an Idaho ABLE account program by allowing the Idaho state treasurer to enter into an agreement with a national consortium of ABLE accounts;

(b) Protect the eligibility of individuals who have an ABLE account when applying for state or local assistance; and

(c) Provide technical assistance to Idahoans interested in opening an Idaho ABLE account.

(2) Eligibility. Notwithstanding any provision of state law or local ordinance to the contrary, if an applicant for a state or local assistance program or a need-based state or local grant has an ABLE account, the account and any activity related thereto shall be disregarded when determining the applicant's eligibility for the assistance program or grant to the extent that the account and any activity related thereto would be disregarded in determining the applicant's eligibility for an assistance program established by federal law.

(3) Technical assistance and financial literacy outreach. Subject to appropriation, there is hereby established in the Idaho state independent living council a function to provide individuals with disabilities and those assisting them with technical assistance related to the Idaho ABLE account program for eligible participants. The Idaho state treasurer shall include the ABLE account program in financial literacy outreach efforts, and the Idaho state independent living council shall also provide financial literacy outreach for the Idaho ABLE account program.

History:

[56-708, added 2017, ch. 65, sec. 1, p. 154; am. 2025, ch. 35, sec. 1, p. 172.]
Idaho Code § 56-2207 — Idaho Code / Title 56 / Chapter 22 / Section 56-2207
56-2207 LEGISLATIVE APPROVAL — SITE-NEUTRAL PAYMENTS.
Status: in_force

56-2207. legislative approval — site-neutral payments. The department of health and welfare is authorized to seek and shall submit a state plan amendment by July 1, 2026, that sets reimbursement rates for hospital-acquired physician practices at the same rate as physician-owned medical practices for all equivalent outpatient health services where the service is not dependent on the hospital facility's associated technologies and in the absence of any evidence-based rationale. The department shall except critical access hospitals and rural emergency hospitals to the extent allowable.

History:

[56-2207, added 2025, ch. 118, sec. 2, p. 624.]
Idaho Code § 56-209n — Idaho Code / Title 56 / Chapter 2 / Section 56-209n
56-209n MEDICAID FOR WORKERS WITH DISABILITIES.
Status: in_force

56-209n. Medicaid for workers with disabilities. (1) The legislature finds that many individuals with disabilities would like to work but cannot afford to enter the workforce due to the fear of losing necessary medical services received through medicaid. Idaho hereby seeks to avail itself of the opportunity available through the federal ticket to work and work incentives improvement act of 1999, which allows states to establish new medicaid eligibility categories for working people with disabilities whose income or resources would otherwise make them ineligible for medicaid. Eliminating barriers to health care and other needed services and supports and creating financial incentives to work will greatly improve the short and long-term financial independence and well-being of people with disabilities. Medicaid for workers with disabilities will serve to increase the productivity of Idaho residents with disabilities and thereby enhance the economic and fiscal status of this state.

(2) An individual is eligible to participate in the medicaid for workers with disabilities program if the individual:

(a) Is at least sixteen (16) years of age and not more than sixty-four (64) years of age;

(b) Has a disability as defined in title XVI of the federal social security act, as amended. An individual shall be determined to be eligible under this section without regard to his or her ability to engage in, or actual engagement in, substantial gainful activity, as defined in section 223(d)(4) of the social security act (42 U.S.C. section 423(d)(4));

(c) Is employed, including self-employment, and has provided the department of health and welfare with satisfactory written proof of employment. Hourly wage or hours worked shall not be used to determine employment;

(d) Has countable resources of ten thousand dollars ($10,000) or less. In calculating resources the following items shall be excluded: a second car, life insurance policies, retirement accounts, beneficial trusts, and any other resources excluded under current rules promulgated by the department of health and welfare for aid to aged, blind and disabled (AABD); and

(e) Has countable income, after exclusions and disregards as set forth in rules promulgated by the department of health and welfare for participants receiving AABD benefits, which do not exceed five hundred percent (500%) of the federal poverty level.

(3) An eligible individual who has an income as determined pursuant to subsection (2)(e) of this section less than one hundred thirty-three percent (133%) of the federal poverty level shall not be required to pay a premium for medicaid.

(4) The department of health and welfare may require an eligible individual who has an income as determined pursuant to subsection (2)(e) of this section of one hundred thirty-three percent (133%) to two hundred fifty percent (250%) of the federal poverty level to pay a monthly premium as set forth in rules promulgated by the department of health and welfare.

(5) An eligible individual who has an income as determined pursuant to subsection (2)(e) of this section in excess of two hundred fifty percent (250%) of the federal poverty level shall pay to the department of health and welfare a monthly premium as a condition for continued eligibility for medicaid. The monthly premium shall be calculated by multiplying seven and one-half percent (7.5%) by the amount of the individual's income as determined pursuant to subsection (2)(e) of this section which is above two hundred fifty percent (250%) of the federal poverty level.

History:

[56-209n, added 2006, ch. 174, sec. 1, p. 533.]
Idaho Code § 56-607 — Idaho Code / Title 56 / Chapter 6 / Section 56-607
56-607 COMPENSATION OF PARTICIPANTS.
Status: in_force

56-607. Compensation of participants. A. (1) The base compensation of participants shall be set by the park and recreation board.

(2) The park and recreation board shall establish procedures whereby each participant may make an allotment to his parent, dependent, legal guardian, or any fund established for his benefit, of part of the periodic compensation to which he is entitled by this act, and such allotment shall be paid directly to the person or fund in which favor it is made.

B. In addition to compensation authorized in subsection A, participants shall be furnished with such quarters, subsistence, transportation, equipment, clothing, medical services, and hospital services as the park and recreation board may deem necessary or appropriate for their needs.

History:

[56-607, added 1963, ch. 126, sec. 7, p. 370; am. 1970, ch. 178, sec. 5, p. 522; am. 1974, ch. 8, sec. 23, p. 35; am. 1991, ch. 330, sec. 2, p. 855.]
Idaho Code § 56-701 — Idaho Code / Title 56 / Chapter 7 / Section 56-701
56-701 POLICY OF STATE.
Status: in_force

56-701. Policy of state. It is the policy of this state to encourage and enable individuals with disabilities to participate fully in the social and economic life of the state and to engage in remunerative employment.

History:

[56-701, added 1969, ch. 69, sec. 1, p. 212; am. 1984, ch. 147, sec. 4, p. 343; am. 2010, ch. 235, sec. 48, p. 588; am. 2019, ch. 213, sec. 9, p. 647.]
Idaho Code § 56-2608 — Idaho Code / Title 56 / Chapter 25 / Section 56-2608
56-2608 LIMITATIONS.
Status: in_force

56-2508 [56-2608]. LIMITATIONS. It shall not be a violation of the provisions of this chapter for an employer to employ an employee on the basis of sex if sex is an occupational qualification reasonably necessary to the normal operation of the business or enterprise.

History:

[(56-2608) 56-2508, added 2026, ch. 289, sec. 1, p. 1210.]
Idaho Code § 56-1205 — Idaho Code / Title 56 / Chapter 12 / Section 56-1205
56-1205 ALLOCATION OF FUNDS BY DESIGNATED STATE UNITS.
Status: in_force

56-1205. Allocation of funds by designated state units. The Idaho state independent living council shall enter into an agreement with the state agency designated by the state plan for independent living for the receipt, allocation and disbursement of funds to support the council's activities. The funds shall be deposited in the Idaho state independent living council fund created pursuant to section 56-1206, Idaho Code. Such an agreement shall not be subject to the competitive bidding requirements as provided by law, and shall be limited to the amounts appropriated by the legislature or the United States congress.

History:

[56-1205, added 2004, ch. 327, sec. 1, p. 979; am. 2016, ch. 224, sec. 3, p. 619.]
Idaho Code § 56-801 — Idaho Code / Title 56 / Chapter 8 / Section 56-801
56-801 LEGISLATIVE INTENT.
Status: in_force

56-801. Legislative intent. The purpose and intent of this act is to benefit hard-to-place children residing in foster or institutional homes at state expense by providing the stability and security of permanent homes, and in so doing, achieve a decrease of total state expense by the reduction of costly foster and institutional care. Accordingly this act shall apply only to hard-to-place children.

History:

[56-801, added 1974, ch. 61, sec. 1, p. 1139.]
Idaho Code § 56-2201 — Idaho Code / Title 56 / Chapter 22 / Section 56-2201
56-2201 LEGISLATIVE APPROVAL REQUIRED.
Status: in_force

56-2201. legislative approval required. Notwithstanding any provision of law to the contrary, the state department of health and welfare shall not seek or implement a medicaid state plan amendment or a waiver pursuant to section 1115 or 1915 of the social security act that would expand coverage to any additional individuals or class of individuals or would increase any net cost to the state without first obtaining approval from the legislature. Such approval must be provided in statute and, to be effective, must be listed in this chapter. The provisions of this section shall not affect any state plan amendment or waiver program previously authorized by statute or already implemented as of July 1, 2025. The provisions of this section shall not apply to any medicaid state plan amendment or waiver program that does not expand coverage to any individuals or class of individuals and does not increase any net cost to the state. The department of health and welfare shall provide regular updates to the medicaid legislative review panel on a schedule determined by the cochairs and shall seek input from the medicaid legislative review panel to design any waivers submitted to the centers for medicare and medicaid services on behalf of the state.

History:

[56-2201, added 2025, ch. 118, sec. 2, p. 621.]
Idaho Code § 56-604 — Idaho Code / Title 56 / Chapter 6 / Section 56-604
56-604 DUTIES OF PARK AND RECREATION BOARD.
Status: in_force

56-604. Duties of park and recreation board. It shall be the duty of the park and recreation board to expend such funds as it deems necessary to provide staff, select workers, equip, supply and maintain all phases of said project as funds are available.

History:

[56-604, added 1963, ch. 126, sec. 4, p. 370; am. 1970, ch. 178, sec. 3, p. 522; am. 1974, ch. 8, sec. 21, p. 35.]
Idaho Code § 56-1603 — Idaho Code / Title 56 / Chapter 16 / Section 56-1603
56-1603 INTERMEDIATE CARE FACILITY ASSESSMENT FUND.
Status: in_force

56-1603. INTERMEDIATE CARE FACILITY assessment fund. (1) There is hereby created in the office of the state treasurer a dedicated fund to be known as the ICF assessment 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 ICF 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 appropriation or federal funds.

(3) The fund is created for the purpose of receiving moneys in accordance with the provisions of this section and section 56-1604, Idaho Code. The fund shall not be used to replace any moneys appropriated to the Idaho medical assistance program by the legislature. Moneys in the fund, which are deemed to be perpetually appropriated, 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 as a pass-through.

(c) To secure federal matching funds available through the state medicaid plan, which funds shall be used to make medicaid payments for ICF services that equal or exceed the amount of ICF medicaid rates, in the aggregate, as calculated in accordance with the approved state medicaid plan in effect on July 1, 2011.

(d) To increase ICF payments to fund covered services to medicaid beneficiaries within medicare upper payment limits.

(e) To make refunds to ICFs. If an ICF 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.

(f) To make transfers to any other fund in the state treasury, provided such transfers shall not exceed the amount transferred previously from that other fund into the ICF assessment fund.

History:

[56-1603, added 2011, ch. 164, sec. 24, p. 480; am. 2012, ch. 327, sec. 1, p. 908; am. 2025, ch. 82, sec. 77, p. 375.]
Idaho Code § 56-2104 — Idaho Code / Title 56 / Chapter 21 / Section 56-2104
56-2104 PROTECTIVE CUSTODY WITHOUT HEARING.
Status: in_force

56-2104. PROTECTIVE CUSTODY WITHOUT HEARING. (1) No person shall be taken into protective custody or detained as an alleged emergency patient for observation, diagnosis, evaluation, care or treatment of a neurocognitive disorder unless and until the court has ordered such apprehension and custody pursuant to section 56-2105, Idaho Code; provided, however, that a person may be taken into custody by a peace officer and placed in a hospital, or the person may be detained at a hospital at which the person presented or was brought to receive medical care, if the peace officer or a health care provider in such hospital has reason to believe that person has a neurocognitive disorder and the person's continued liberty poses an imminent danger to themselves or others; provided, under no circumstances shall the person be detained in a nonmedical unit used for the detention of persons charged with or convicted of penal offenses. Whenever a person is taken into custody or detained pursuant to this section without a court order, the evidence supporting the claim that the person with the neurocognitive disorder is an imminent danger to themselves or others must be presented to a duly authorized court within twenty-four (24) hours from the time the person was placed in custody or detained.

(2) If the court finds there is reason to believe the person is likely to have a neurocognitive disorder and is imminently dangerous to themselves or others pursuant to subsection (1) of this section, the court shall issue a temporary protective placement custody order requiring the person to be held in a hospital and requiring an examination of the person by a health care provider in such hospital within twenty-four (24) hours of the entry of the order of the court. Under no circumstances shall the person be detained in a nonmedical unit used for the detention of persons charged with or convicted of penal offenses.

(3) Where an examination is required pursuant to subsection (2) of this section, the health care provider in such hospital shall make findings and report to the court within twenty-four (24) hours of the examination.

(4) If at any time after the person is placed in protective custody the health care provider in such hospital conducting the examination determines the person no longer meets criteria for protective custody, the person shall be deemed to be a voluntary patient and subject to release.

(5) If the health care provider in such hospital finds, in an examination pursuant to this section, that the person is likely to have a neurocognitive disorder and is likely to injure themselves or others, the prosecuting attorney shall file, within twenty-four (24) hours of the examination of the person, a petition with the court requesting the person's continued protective placement pending review proceedings pursuant to section 56-2105, Idaho Code.

(6) Upon the receipt of such a petition, the court shall order the person's detention to await hearing, which shall be within five (5) days, including Saturdays, Sundays, and legal holidays, of the protective placement order. If no petition is filed within twenty-four (24) hours of the examination described in subsection (5) of this section, the person shall be released from the protective placement.

(7) Upon taking a person into custody, a good faith effort shall be made to provide notice to the person's legal guardian, parent, spouse, or adult next of kin of the person's physical whereabouts and the reasons for taking the person into custody.

(8) Nothing in this section shall preclude a hospital from transferring a person who has been detained pursuant to this section to another hospital that is willing to accept the transferred person for purposes of observation, diagnosis, evaluation, care, or treatment.

History:

[(56-2104) 56-1904, added 2024, ch. 264, sec. 1, p. 918; am. 2025, ch. 180, sec. 1, p. 850; am. and redesig. 2025, ch. 211, sec. 29, p. 1002.]
Idaho Code § 56-1103 — Idaho Code / Title 56 / Chapter 11 / Section 56-1103
56-1103 PERSONS QUALIFYING AS ACCOUNT HOLDERS.
Status: in_force

56-1103. Persons qualifying as account holders. (1) A person who qualifies to become an account holder may enter into an agreement with a fiduciary organization for the establishment of an individual development account.

(2) A person is qualified to become an account holder if the person is a member of a low-income household.

(3) A person applying to establish an account must enroll in a personal development plan developed by the person and the fiduciary organization. The plan must provide the person with financial training and counseling, career or business planning and other services designed to increase the independence of the person and the person's household through achievement of the account's approved purpose.

History:

[56-1103, added 2002, ch. 149, sec. 1, p. 437.]
Idaho Code § 56-2202 — Idaho Code / Title 56 / Chapter 22 / Section 56-2202
56-2202 LEGISLATIVE APPROVAL — RURAL EMERGENCY HOSPITAL DESIGNATION AND REIMBURSEMENT.
Status: in_force

56-2202. legislative approval — rural emergency hospital designation and reimbursement. The department of health and welfare is authorized to and shall submit a state plan amendment to the centers for medicare and medicaid services allowing the recognition and reimbursement of medicaid services provided by a rural emergency hospital. For the purposes of this section, "rural emergency hospital" has the same meaning as provided in 42 U.S.C. 1395x(kkk)(2).

History:

[56-2202, added 2025, ch. 118, sec. 2, p. 622.]
Idaho Code § 56-203B — Idaho Code / Title 56 / Chapter 2 / Section 56-203B
56-203B PAYMENT OF PUBLIC ASSISTANCE FOR CHILD CONSTITUTES DEBT TO DEPARTMENT BY PARENTS — LIMITATIONS — DEPARTMENT SUBROGATED TO RIGHTS.
Status: in_force

56-203B. Payment of public assistance for child constitutes debt to department by parents — Limitations — Department subrogated to rights. Any payment of public assistance money made to or for the benefit of any dependent child or children creates a debt due or owing to the department by the parent or others who are responsible for support of such children in an amount equal to the support obligation as is subsequently determined by court order pursuant to the Idaho child support guidelines which debt arises at the end of the first month for which the payment of public assistance commences. If a judgment entered by the court under the Idaho child support guidelines is more than the public assistance expended, the amount in excess of the public assistance expended shall be payable to the custodial parent or caretaker. Provided, that where there has been a district court order, the debt shall be limited to the amount provided for by said order. The department shall have the right to petition the appropriate district court for modification of a district court order on the same grounds as a party to said cause. Where a child has been placed in foster care, and a written agreement for payment of support has been entered into by the responsible parent or parents and the department, the debt shall be limited to the amount provided for in said agreement. Provided, that if a court order for support is or has been entered, the provisions of said order shall prevail over the agreement.

The department shall be subrogated to the right of said child or children or person having the care, custody and control of said child or children to prosecute or maintain any support action existing under the laws of the state of Idaho to obtain reimbursement of moneys thus expended. If a district court order enters judgment for an amount of support to be paid by an obligor parent, the department shall be subrogated to the debt created by such order, and said money judgment shall be deemed to be in favor of the department. This subrogation shall specifically be applicable to temporary spouse support orders, family maintenance orders and alimony orders up to the amount paid by the department in public assistance moneys to or for the benefit of a dependent child or children but allocated to the benefit of said children on the basis of providing necessities for the caretaker of said children.

Debt under this section shall not be incurred by, nor at any time be collected from a parent or other person who would be or is eligible for or who is the recipient of public assistance moneys for the benefit of minor dependent children for the period such person or persons are in such status and the collection of the debt from such person would not be in the fiscal interest of the state or would not be in the best interest of the child(ren) for whom such person owes support.

History:

[56-203B, as added by 1975, ch. 264, sec. 3, p. 712; am. 1994, ch. 289, sec. 1, p. 909; am. 1998, ch. 208, sec. 1, p. 736.]
Idaho Code § 56-1001 — Idaho Code / Title 56 / Chapter 10 / Section 56-1001
56-1001 DEFINITIONS.
Status: in_force

56-1001. Definitions. Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the following meanings:

(1) "Biological agent" means a bacterium, virus, fungus, protozoan, parasite, or other microorganism and associated toxins with the ability to adversely affect human health or cause death.

(2) "Board" means the board of health and welfare.

(3) "Chemical agent" means any chemical that through its chemical action on life processes can cause death, temporary incapacitation, or permanent harm to humans or animals.

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

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

(6) "Isolation" means the separation of a person diagnosed with an infectious or a communicable disease, presenting medically unknown symptoms, or contaminated from a chemical, nuclear, or biological agent for a period of time limited to when the person is infectious, displaying medically unknown symptoms, or contaminated.

(7) "Laboratory" means not only facilities for biological, serological, biophysical, cytological and pathological tests but also facilities for the chemical or other examination of materials from water, air or other substances.

(8) "Medically unknown symptoms" means symptoms that are or could be suggestive of an infectious or communicable disease and that do not sufficiently reveal the structural or other specified pathology of an illness on initial examination.

(9) "Person" means any individual, association, partnership, firm, joint stock company, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any other legal entity recognized by law as the subject of rights and duties.

(10) "Public swimming pool" means an artificial structure, and its appurtenances, that contains water more than two (2) feet deep that is used or intended to be used for swimming or recreational bathing, and that is for the use of any segment of the public pursuant to a general invitation but not an invitation to a specific occasion or occasions. The term does not include a swimming pool operated solely for and in conjunction with a hotel, motel or other place of lodging, or a trailer park, apartment, condominium or any other residential facility containing multiple dwellings.

(11) "Quarantine" means the separation of a person exposed to:

(a) An infectious or a communicable disease;

(b) Another person displaying medically unknown symptoms; or

(c) Another person exposed to contamination from a chemical, nuclear, or biological agent;

under circumstances likely to result in the spread of the disease, symptoms, or contaminant to the person who had such contact. The separation may last only for a reasonable period of time sufficient to determine whether or not the exposed person will become sick.

(12) "Restricted access" means limited or disallowed access to an area:

(a) That has been cordoned off;

(b) At which signs have been posted limiting or disallowing access; or

(c) To which entry or exit has in some other way been limited or blocked.

(13) "State" means the state of Idaho.

(14) "Substantive" means that which creates, defines or regulates the rights of any person or implements, interprets or prescribes law or policy, but does not include statements concerning only the internal management of the department and not affecting private rights or procedures available to the public.

History:

[56-1001, added 2000, ch. 132, sec. 38, p. 346; am. 2002, ch. 191, sec. 1, p. 550; am. 2003, ch. 240, sec. 1, p. 620; am. 2021, ch. 257, sec. 1, p. 788; am. 2026, ch. 25, sec. 1, p. 116.]
Idaho Code § 56-1701 — Idaho Code / Title 56 / Chapter 17 / Section 56-1701
56-1701 SHORT TITLE.
Status: in_force

56-1701. SHORT TITLE. This chapter shall be known and may be cited as the "Crisis Standards of Care Act."

History:

[56-1701, added 2022, ch. 253, sec. 1, p. 829.]
Idaho Code § 56-213 — Idaho Code / Title 56 / Chapter 2 / Section 56-213
56-213 EXAMINATION TO DETERMINE BLINDNESS.
Status: in_force

56-213. Examination to determine blindness. No application for aid to the blind shall be approved until an ophthalmologist or physician skilled in diseases of the eye, or an optometrist, approved or designated by the state department, shall have examined the applicant and shall have certified his findings in the manner and form required by the state department.

History:

[56-213, added 1941, ch. 181, sec. 13, p. 379; am. 1951, ch. 246, sec. 3, p. 520.]
Idaho Code § 56-257 — Idaho Code / Title 56 / Chapter 2 / Section 56-257
56-257 COPAYMENTS.
Status: in_force

56-257. Copayments. (1) Within the limits of federal medicaid law and regulations, the department of health and welfare shall establish enforceable cost sharing in order to increase the awareness and responsibility of medicaid participants for the cost of their health care and to encourage use of cost-effective care in the most appropriate setting. Copayments established by department rule may include, but not be limited to, the following:

(a) Medicaid services including, but not limited to, chiropractic visits, podiatrist visits, optometrist visits, physical therapy visits, occupational therapy visits, speech therapy visits, outpatient hospital visits and physician office visits;

(b) Inappropriate use of emergency medicaid reimbursed services, including hospital emergency room and emergency transportation; and

(c)

Missed appointments with health care providers when it is the practice of the health care provider to charge such copayments to all of their patients regardless of payer.

(2) The director may exempt, subject to federal approval, any group of medicaid participants from the cost-sharing provisions in this section.

History:

[56-257, added 2006, ch. 305, sec. 1, p. 944; am. 2011, ch. 164, sec. 10, p. 471.]
Idaho Code § 56-207 — Idaho Code / Title 56 / Chapter 2 / Section 56-207
56-207 OLD-AGE ASSISTANCE.
Status: in_force

56-207. Old-age assistance. Old-age assistance shall be awarded to needy people who have attained the age of sixty-five (65) years, are residents of the state, and who are not inmates of public institutions at the time of receiving assistance except as patients in public medical institutions and who are not patients in any institution for tuberculosis or for mental diseases or who are not patients in any medical institution as a result of having been diagnosed as having tuberculosis or psychosis.

History:

[56-207, added 1941, ch. 181, sec. 7, p. 379; am. 1951, ch. 246, sec. 1, p. 520; am. 1974, ch. 233, sec. 4, p. 1590.]
Idaho Code § 56-251 — Idaho Code / Title 56 / Chapter 2 / Section 56-251
56-251 LEGISLATIVE INTENT.
Status: in_force

56-251. Legislative intent. (1) The legislature finds that the current federal medicaid law and regulations have not kept pace with modern health care management practices, create obstacles to quality care and impose unnecessary costs on the delivery of effective and efficient health care. The legislature believes that the state of Idaho must strive to balance efforts to contain medicaid costs, improve program quality and improve access to services. The legislature further believes that the state of Idaho could achieve improved health outcomes for medicaid participants by simplifying eligibility and developing health benefits for medicaid participants according to their health needs, including appropriate preventive and wellness services.

(2) The legislature supports development, at a minimum, of the following health-need categories:

(a) Low-Income Children and Working-Age Adults with No Special Health Needs. The broad policy goal for the medicaid program for low-income children and working-age adults with no special health needs is to achieve and maintain wellness by emphasizing prevention and by proactively managing health. Additional specific goals are:

(i) To emphasize preventive care and wellness;

(ii) To increase participant ability to make good health choices; and

(iii) To strengthen the employer-based health insurance system.

(b) Persons with Disabilities or Special Health Needs. The broad policy goal for the medicaid program for persons with disabilities or special health needs is to finance and deliver cost-effective individualized care. Additional specific goals are:

(i) To emphasize preventive care and wellness;

(ii) To empower individuals with disabilities to manage their own lives;

(iii) To provide opportunities for employment for persons with disabilities; and

(iv) To provide and to promote family-centered, community-based, coordinated care for children with special health care needs.

(c) Persons with Medicare and Medicaid Coverage. The broad policy goal for the medicaid program for persons with medicare and medicaid coverage is to finance and deliver cost-effective individualized care which is integrated, to the greatest extent possible, with medicare coverage. Additional specific goals are:

(i) To emphasize preventive care and wellness;

(ii) To improve coordination between medicaid and medicare coverage;

(iii) To increase nonpublic financing options for long-term care; and

(iv) To ensure participants' dignity and quality of life.

(3) To the extent practicable, the department shall achieve savings and efficiencies through use of modern care management practices, in areas such as network management, cost-sharing, benefit design and premium assistance.

(4) The department's duty to implement these changes in accordance with the intent of the legislature is contingent upon federal approval.

History:

[56-251, added 2006, ch. 278, sec. 1, p. 853; am. 2007, ch. 200, sec. 1, p. 610.]
Idaho Code § 56-2203 — Idaho Code / Title 56 / Chapter 22 / Section 56-2203
56-2203 LEGISLATIVE APPROVAL — MEDICAID COST-SHARING.
Status: in_force

56-2203. legislative approval — medicaid cost-sharing. (1) The department of health and welfare is authorized to and shall submit a state plan amendment to the centers for medicare and medicaid services to include participant cost-sharing as a condition of participation in a medical assistance program, to the extent allowed under federal law, that is at least to the levels developed by other states and up to the maximum charged by other states.

(2) The department of health and welfare shall:

(a) Take such actions as are necessary to implement the provisions of this section;

(b) Begin the application process for federal approval of the state plan amendment required by this section no later than July 1, 2026; and

(c) Continue any existing cost-sharing under the medicaid state plan in effect at the time of the passage of this act until supplanted by the new state plan amendment required by this section.

History:

[56-2203, added 2025, ch. 118, sec. 2, p. 622.]
Idaho Code § 56-2701 — Idaho Code / Title 56 / Chapter 25 / Section 56-2701
56-2701 DEFINITIONS.
Status: in_force

56-2501 [56-2701]. definitions. As used in this chapter:

(1) "Applicant" means an individual who has submitted to undergo a background check pursuant to this chapter.

(2) "Application" means a request for a background check by an individual required to undergo a background check pursuant to this chapter in which the applicant fully and completely discloses any convictions, pending criminal charges, or child or adult protection findings, and that authorizes the department to obtain information relating to the individual from available databases and sources.

(3) "Background check" means a fingerprint-based check of an individual's criminal record and other relevant records that may include information from the following:

(a) The Idaho state police;

(b) The federal bureau of investigation;

(c) The central registry created in chapter 83, title 18, Idaho Code;

(d) Idaho transportation department driving records;

(e) Adult and child protection registries;

(f) The nurse aide registry;

(g) The United States department of health and human services office of the inspector general's list of excluded individual and entities; and

(h) The records of other states and jurisdictions.

(4) "Clearance" means a document issued by the department as the official determination of a completed background check with no disqualifying crimes or disqualifying records found.

(5) "Denial" means a document issued by the department indicating that disqualifying crimes or disqualifying records were found but does not release any criminal history record information as defined in 28 CFR 20.3(d).

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

(7) "Disqualifying crime" means a crime designated in a rule by the department that results in an applicant's denial.

(8) "Disqualifying record" means a record that is found by the department in the course of a background check that results in the issuance of a denial.

History:

[(56-2701) 56-2501, added 2026, ch. 220, sec. 1, p. 918.]
Idaho Code § 56-230 — Idaho Code / Title 56 / Chapter 2 / Section 56-230
56-230 SHORT TITLE.
Status: in_force

56-230. Short title. This act may be cited as the "Public Assistance Law."

History:

[56-230, added 1941, ch. 181, sec. 28, p. 379.]
Idaho Code § 56-2606 — Idaho Code / Title 56 / Chapter 25 / Section 56-2606
56-2606 ENFORCEMENT AND PENALTIES.
Status: in_force

56-2506 [56-2606]. enforcement and penalties. (1) The attorney general may investigate alleged violations of this chapter upon receipt of a formal complaint.

(2) Prior to the imposition of civil penalties, the department shall provide written notice and an opportunity for corrective action.

(3) The attorney general may seek civil penalties for violations of this chapter as follows:

(a) For a health care provider with fifty (50) or more employees:

(i) A penalty not to exceed ten thousand dollars ($10,000) for a first violation;

(ii) A penalty not to exceed fifty thousand dollars ($50,000) for a second violation; and

(iii) A penalty not to exceed one hundred thousand dollars ($100,000) for a third or subsequent violation; and

(b) For a health care provider with fewer than fifty (50) employees:

(i) A penalty not to exceed five thousand dollars ($5,000) for a first violation;

(ii) A penalty not to exceed twenty-five thousand dollars ($25,000) for a second violation; and

(iii) A penalty not to exceed fifty thousand dollars ($50,000) for a third or subsequent violation.

History:

[(56-2606) 56-2506, added 2026, ch. 289, sec. 1, p. 1209.]
Idaho Code § 56-704 — Idaho Code / Title 56 / Chapter 7 / Section 56-704
56-704 RIGHT TO USE OF SERVICE DOG — LIABILITY.
Status: in_force

56-704. Right to use of service dog — Liability. An individual with a disability shall have the right to be accompanied by a service dog in any of the places described in section 56-703, Idaho Code, without being required to pay an extra charge for the service dog; provided that the individual shall be liable for any damage done to the premises or facilities by the service dog.

History:

[56-704, added 1969, ch. 69, sec. 4, p. 212; am. 1984, ch. 147, sec. 8, p. 344; am. 1997, ch. 267, sec. 9, p. 767; am. 2019, ch. 213, sec. 13, p. 649.]
Idaho Code § 56-235A — Idaho Code / Title 56 / Chapter 2 / Section 56-235A
56-235A PROHIBITIONS, RESTRICTIONS AND LIMITATIONS ON ADMISSION.
Status: in_force

56-235A. prohibitions, restrictions and limitations on admission. (1) The southwest Idaho treatment center shall not admit, accept or receive any person unless an admission-discharge committee determines that:

(a) The individual has a developmental disability;

(b) The individual meets the level of care requirements and active treatment requirements for admission to an intermediate care facility for persons with intellectual disabilities;

(c) All community facilities, options and supports have been exhausted, and there is no available community facility or private residence that is least restrictive, appropriate and consistent with the needs of the individual; and

(d) The southwest Idaho treatment center is the least restrictive available residential placement consistent with the needs of the individual after considering all available and appropriate community facilities and private residences.

(2) The director may limit admissions and establish admission priorities to the southwest Idaho treatment center through rulemaking in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department to the facility. The southwest Idaho treatment center may refuse any applicant for voluntary admission.

(3) Subsections (1) and (2) of this section do not apply to:

(a) Temporary emergency admissions or placements for crisis stabilization only, for up to ninety (90) days, that are preauthorized by the director; or

(b) Admissions or placements made by the director pursuant to section 66-406, Idaho Code.

History:

[56-235A, added 2011, ch. 101, sec. 3, p. 258; am. 2012, ch. 107, sec. 9, p. 294.]
Idaho Code § 56-210 — Idaho Code / Title 56 / Chapter 2 / Section 56-210
56-210 AMOUNT OF ASSISTANCE.
Status: in_force

56-210. Amount of assistance. (1) The amount of public assistance which any eligible person or family may receive shall be determined in accordance with the rules of the state department subject to the availability of funds for such assistance.

(2) Old age assistance, aid to the blind and aid to the permanently and totally disabled shall be granted to a person who is needy as defined by the department and who meets the nonfinancial requirements of title XVI of the social security act.

(3) The department may also increase or decrease the payment for groups of cases where the circumstances are specifically identified. The department shall be the single state agency for administration of public assistance programs or plans that receive federal funding.

History:

[56-210, added 1941, ch. 181, sec. 10, p. 379; am. 1945, ch. 109, sec. 4, p. 165; am. 1951, ch. 246, sec. 2, p. 520; am. 1953, ch. 22, sec. 1, p. 38; am. 1961, ch. 57, sec. 1, p. 85; am. 1969, ch. 30, sec. 1, p. 51; am. 1978, ch. 246, sec. 5, p. 540; am. 1981, ch. 179, sec. 2, p. 314; am. 1994, ch. 287, sec. 1, p. 906; am. 1996, ch. 50, sec. 7, p. 150; am. 1997, ch. 32, sec. 1, p. 56.]
Idaho Code § 56-2204 — Idaho Code / Title 56 / Chapter 22 / Section 56-2204
56-2204 LEGISLATIVE APPROVAL — COMPREHENSIVE MEDICAID MANAGED CARE.
Status: in_force

56-2204. LEGISLATIVE APPROVAL — COMPREHENSIVE MEDICAID MANAGED CARE. (1) The department of health and welfare is authorized to and shall submit to the centers for medicare and medicaid services all state plan and waiver authorities required to implement a plan for comprehensive medicaid managed care.

(2) The department of health and welfare shall:

(a) Take such actions as are necessary to implement the provisions of this section;

(b) Submit the application for federal approval of the state plan amendments and waivers required by this section no later than July 1, 2027;

(c) Continue any existing managed care under the medicaid state plan and its waivers in effect at the time of the passage of this act until supplanted by the new comprehensive managed care plan required under this section;

(d) Undertake cost containment strategies, such as bidding multi-year contracts with predetermined inflationary adjustments or withholding a percentage of capitation if managed care organizations do not meet these cost containment targets; and

(e) Engage medicaid providers and participants in the substance and design of a comprehensive managed care plan.

History:

[56-2204, added 2025, ch. 118, sec. 2, p. 622; am. 2026, ch. 271, sec. 25, p. 1155.]
Idaho Code § 56-1908 — Idaho Code / Title 56 / Chapter 19 / Section 56-1908
56-1908 DISCLOSURE OF COMPLAINTS.
Status: in_force

56-1908. disclosure of complaints. Complaints received by the ombudsman and any examination of such complaint, including informal proceedings and any informal proceedings conducted by any designee of the ombudsman pursuant to this chapter and any rules adopted pursuant to this chapter, shall not be subject to public disclosure pursuant to chapter 1, title 74, Idaho Code.

History:

[56-1908, added 2024, ch. 188, sec. 2, p. 684.]
Idaho Code § 56-231 — Idaho Code / Title 56 / Chapter 2 / Section 56-231
56-231 PUBLIC ASSISTANCE IN LOCATING AND DETERMINING THE FINANCIAL RESOURCES OF PARENTS AND OTHER PERSONS LIABLE FOR SUPPORT OF DEPENDENTS.
Status: in_force

56-231. Public assistance in locating and determining the financial resources of parents and other persons liable for support of dependents. To assist in locating and determining the financial resources of parents who have deserted their children and other persons liable for support of dependents, the department of health and welfare and county prosecuting attorneys may request and shall receive information from the records of all departments, boards, bureaus or other agencies of this state, and may request and may receive information from businesses and financial entities; and the same are authorized to provide such information as is necessary for this purpose, notwithstanding any provisions of chapter 1, title 74, Idaho Code, making the information exempt from disclosure. There shall be no legal sanctions imposed against a business or financial entity which refuses to provide requested information, unless the business or financial entity has been served with a subpoena requesting the information. Only information directly bearing on the identity, financial resources, and whereabouts of a person owing or asserted to be owing an obligation of support shall be requested and used or transmitted by the department of health and welfare and county prosecuting attorneys pursuant to the authority conferred by this act. The department of health and welfare and county prosecuting attorneys may make such information available only to public officials and agencies of this state, other states and the political subdivisions of this state and other states seeking to locate parents who have deserted their children and other persons liable for support of dependents for the purpose of enforcing their liability for support.

History:

[56-231, added 1965, ch. 42, sec. 1, p. 65; am. 1972, ch. 196, sec. 11, p. 483; am. 1974, ch. 23, sec. 165, p. 633; am. 1986, ch. 152, sec. 1, p. 438; am. 1990, ch. 213, sec. 84, p. 550; am. 2015, ch. 141, sec. 154, p. 500.]
Idaho Code § 56-2101 — Idaho Code / Title 56 / Chapter 21 / Section 56-2101
56-2101 LEGISLATIVE INTENT.
Status: in_force

56-2101. legislative intent. It is the intent of the legislature that persons with a neurocognitive disorder who are in acute crisis due to an unidentified underlying medical condition can get the care they need and return home once the underlying medical condition is resolved. The legislature further intends that state agencies and community partners will collaborate to provide the most dignified care for persons with a neurocognitive disorder.

History:

[(56-2101) 56-1901, added 2024, ch. 264, sec. 1, p. 918; am. and redesig. 2025, ch. 211, sec. 29, p. 1001.]
Idaho Code § 56-1907 — Idaho Code / Title 56 / Chapter 19 / Section 56-1907
56-1907 ACCESS TO RECORDS.
Status: in_force

56-1907. Access to records. Any person, department, agency, or commission authorized to carry out the duties enumerated in this chapter shall have access to all relevant records, which shall be subject to disclosure pursuant to chapter 1, title 74, Idaho Code. Other persons and entities shall be granted only such access with the written consent of the guardian or guardian ad litem of the service recipient or the service recipient's legal representative or pursuant to other proper judicial process or federal law.

History:

[56-1907, added 2024, ch. 188, sec. 2, p. 684.]
Idaho Code § 56-504 — Idaho Code / Title 56 / Chapter 5 / Section 56-504
56-504 LIMITATION ON BENEFITS.
Status: in_force

56-504. limitation on benefits. (1) Medical assistance under the refugee medical assistance program is determined under 45 CFR 400.211.

(2) A person with refugee status whose countable income does not exceed one hundred thirty-three percent (133%) of the federal poverty guidelines is eligible for refugee medical assistance. A person with refugee status whose income exceeds such threshold may subtract his medical costs from his income and spend down to the FPG limit for his family size.

(3) Income is counted or excluded in accordance with medicaid program rules except that the following are excluded from income when determining eligibility:

(a) Refugee cash assistance; and

(b) The income of sponsors and the in-kind services and shelter provided to refugees by their sponsors.

History:

[56-504, added 2025, ch. 166, sec. 1, p. 799.]
Idaho Code § 56-274 — Idaho Code / Title 56 / Chapter 2 / Section 56-274
56-274 MEDICAID LEGISLATIVE REVIEW PANEL.
Status: in_force

56-274. medicaid legislative review panel. (1) A medicaid legislative review panel is hereby established.

(2) The cochairs of the panel shall be the chair of the house health and welfare committee and the chair of the senate health and welfare committee. Additional members shall be appointed by the speaker of the house of representatives and the president pro tempore of the senate, and at least one (1) senator and one (1) representative shall be members of the minority caucus.

(3) The medicaid legislative review panel shall be staffed by the legislative services office.

(4) The medicaid legislative review panel shall meet at the direction of the cochairs to review contracts related to medicaid, to make recommendations on key indicators and performance measures to be included in any medicaid contract, to recommend any data to be collected as a part of a medicaid contract, and other duties as determined by the legislature, legislative council, or initiative of the cochairs of the panel.

(5) The medicaid legislative review panel shall prepare a report summarizing activities undertaken and any recommendations made and shall submit that report to the legislative council.

History:

[(56-274) 56-270, added 2024, ch. 149, sec. 1, p. 596; am. and redesig. 2025, ch. 211, sec. 27, p. 999.]
Idaho Code § 56-1903 — Idaho Code / Title 56 / Chapter 19 / Section 56-1903
56-1903 COMPLAINTS.
Status: in_force

56-1903. Complaints. (1) Complaints may be submitted to the ombudsman:

(a) With respect to a particular service recipient, alleging an agency's or department's behavior or action was:

(i) Contrary to law, rule, or policy;

(ii) Imposed without an adequate statement of reason; or

(iii) Based on irrelevant, immaterial, or erroneous grounds;

(b) By any of the following:

(i) A service recipient, including a child under eighteen (18) years of age if the child is able to articulate a complaint;

(ii) A biological parent of a service recipient;

(iii) A foster parent of a service recipient;

(iv) An adoptive parent or a prospective adoptive parent of a service recipient;

(v) A legally appointed guardian of the service recipient;

(vi) A guardian ad litem for a service recipient;

(vii) A relative of a service recipient or any person with a legitimate interest;

(viii) A member of the Idaho senate or Idaho house of representatives; and

(ix) An attorney for any individual described in this paragraph.

(2) Upon receipt of a complaint, the ombudsman is authorized to conduct a review or examination of said complaint if, within the ombudsman's sole discretion, the ombudsman deems the complaint meritorious and within the powers and duties of the office of the ombudsman.

(3) When there is reasonable cause to believe maltreatment has resulted in death or serious physical injury jeopardizing the life, health, or safety of a service recipient, the ombudsman shall report such information as expeditiously as possible to the appropriate law enforcement agency.

(4) When a complaint is made by an individual pursuant to subsection (1) of this section, if known, the complaint shall contain:

(a) The name and address of the service recipient and the alleged perpetrator;

(b) The nature and extent of the maltreatment; and

(c) Any other known information that will be of assistance in the examination of the complaint.

History:

[56-1903, added 2024, ch. 188, sec. 2, p. 682.]
Idaho Code § 56-239 — Idaho Code / Title 56 / Chapter 2 / Section 56-239
56-239 CHIP PLAN B.
Status: in_force

56-239. CHIP Plan B. (1) There is hereby created in the department a CHIP Plan B that shall be made available by the department to eligible children, as defined in section 56-238, Idaho Code, whose family's modified adjusted gross income is between one hundred fifty percent (150%) and one hundred eighty-five percent (185%) of the federal poverty guidelines. The director shall implement the program by adopting rules recommended by the board of the Idaho individual high risk reinsurance pool created in section 41-5502, Idaho Code, that authorize policies of health insurance for children enrolled in the CHIP Plan B.

(2) There is hereby created a CHIP Plan B advisory board which shall advise the Idaho individual high risk reinsurance pool board concerning issues related to the CHIP Plan B. The board shall consist of eight (8) members, four (4) members to be appointed by the director and four (4) members to be appointed by the governor. At least two (2) members of the board shall be parents of children who are eligible to participate in the CHIP Plan B.

History:

[56-239, added 2003, ch. 308, sec. 4, p. 846; am. 2014, ch. 80, sec. 3, p. 219.]
Idaho Code § 56-1303 — Idaho Code / Title 56 / Chapter 13 / Section 56-1303
56-1303 LONG-TERM CARE PARTNERSHIP PROGRAM.
Status: in_force

56-1303. Long-term care partnership program. (1) Upon the repeal of restrictions to asset protection contained in the omnibus budget reconciliation act of 1993 (public law 103-66, 107 Stat. 312), there shall be established the Idaho long-term care partnership program, to be administered by the department with the assistance of the department of insurance to do the following:

(a) Provide incentives for individuals to insure against the costs of providing for their long-term care needs;

(b) Provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under medicaid without first being required to substantially exhaust their resources;

(c) Provide counseling services to individuals planning for their long-term care needs; and

(d) Alleviate the financial burden on the state's medical assistance program by encouraging the pursuit of private initiatives.

(2) In the case of an individual who has received or is entitled to receive benefits under a long-term care partnership program policy, certain resources of that individual, as described in subsection (3) of this section, shall not be considered by the department as a determination of any of the following:

(a) Eligibility for medicaid;

(b) Amount of any medicaid payment; or

(c) Any subsequent recovery by the state of a payment for medical services.

(3) The department shall promulgate necessary rules and amendments to the state plan to allow for asset disregard. To provide asset disregard, for purchasers of a long-term care partnership program policy, the department shall count insurance benefits paid under the policy toward asset disregard to the extent the payments are for covered services under the long-term care partnership program policy.

History:

[(56-1303) 56-1203, added 2004, ch. 261, sec. 1, p. 737; am. and redesig. 2005, ch. 25, sec. 115, p. 129; am. 2007, ch. 253, sec. 2, p. 756.]
Idaho Code § 56-2303 — Idaho Code / Title 56 / Chapter 23 / Section 56-2303
56-2303 DEPARTMENT INSPECTIONS.
Status: in_force

56-2303. department inspections. Qualified representatives of the department of health and welfare are authorized to inspect any registered clinical laboratory to determine the adequacy of the supervision, staffing, and quality assurance program.

History:

[56-2303, added 2025, ch. 84, sec. 14, p. 399.]
Idaho Code § 56-1904 — Idaho Code / Title 56 / Chapter 19 / Section 56-1904
56-1904 COMPLAINT REVIEW AND EXAMINATION.
Status: in_force

56-1904. complaint review and examination. (1) Upon receipt of a complaint, or upon the ombudsman's own initiative, the ombudsman may:

(a) Determine if a complaint involves any action by the department of health and welfare or any other state agency or department that provides health and social services in this state to service recipients;

(b) Review an alleged violation of the rights of a service recipient or service recipient's legal guardian;

(c) When a child may have died as a result of alleged abuse or neglect while receiving foster care or protective supervision services or after being placed for adoption:

(i) Initiate examinations of actions taken by the department of health and welfare or any state agency that provides health and social services in this state;

(ii) Pursue all necessary action, including legal action, to protect the child's welfare and rights;

(iii) Review policies and make recommendations for improvements regarding any agency's or department's involvement with children; and

(iv) Commence and conduct investigations into alleged violations of the rights of a foster parent;

(d) Access records and reports to the same extent and in the same manner as provided to any department or agency, court of any jurisdiction, the attorney general, prosecuting attorney, or any attorney retained by a state agency or department to the same extent and in the same manner as provided to the department of health and welfare;

(e) Pursue, through subpoena or otherwise, the production of documents necessary to carry out the ombudsman's role pursuant to this chapter and seek enforcement from a court of relevant jurisdiction;

(f) Hold fact finding hearings and request individuals to appear before the ombudsman to give testimony or produce documents or other evidence that the ombudsman considers relevant to a matter under examination; and

(g) At any time, make independent recommendations without prior review by any other agency, department, office, or official concerning improvements to health and social services and the rapid implementation of such. No entity may prohibit the release of an ombudsman recommendation to the governor, the legislature, or the courts.

(2) If, in the course of conducting an examination into a complaint, the ombudsman suspects an individual has committed a crime, the ombudsman shall immediately inform the proper authorities.

(3) Upon completion of an examination into a complaint, the ombudsman shall prepare a final report of the complaint review. If maltreatment of a service recipient or violation of the rights of the service recipient is substantiated, the final report shall be made available to law enforcement.

History:

[56-1904, added 2024, ch. 188, sec. 2, p. 682.]
Idaho Code § 56-2601 — Idaho Code / Title 56 / Chapter 25 / Section 56-2601
56-2601 SHORT TITLE.
Status: in_force

56-2501 [56-2601]. short title. This chapter shall be known and may be cited as the "Merit-Based Health Care Act."

History:

[(56-2601) 56-2501, added 2026, ch. 289, sec. 1, p. 1207.]
Idaho Code § 56-706 — Idaho Code / Title 56 / Chapter 7 / Section 56-706
56-706 INTERFERENCE WITH RIGHTS OR ACTIVITIES — PENALTY.
Status: in_force

56-706. Interference with rights or activities — Penalty. Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation, who denies or interferes with admittance to or enjoyment of the public facilities enumerated in this chapter or otherwise interferes with the rights of an individual with a disability under this chapter shall be guilty of a misdemeanor.

History:

[56-706, added 1969, ch. 69, sec. 6, p. 212; am. 1984, ch. 147, sec. 10, p. 345; am. 2019, ch. 213, sec. 17, p. 651.]
Idaho Code § 56-2402 — Idaho Code / Title 56 / Chapter 24 / Section 56-2402
56-2402 APPLICATION FOR CERTIFICATION.
Status: in_force

56-2402. application for certification. (1) An application for drinking water certification, listing methods approved by the department of environmental quality, shall be submitted annually by laboratories seeking certification on a form approved by the department of health and welfare.

(2) Applications for renewal and supporting documentation requested by the department of health and welfare must be received by the department at least thirty (30) days before the current certificate expires.

(3) A laboratory seeking to change methods or to add analytes prior to annual reapplication shall submit an amended application and provide supporting documentation requested by the department of health and welfare. Laboratories submitting an amended application shall be subject to an additional base fee charge.

(4) All certifications shall be valid for one (1) year from the date of issuance.

History:

[(56-2402) 56-2202, added 2025, ch. 84, sec. 13, p. 397; am. and redesig. 2026, ch. 251, sec. 26, p. 1081.]
Idaho Code § 56-221 — Idaho Code / Title 56 / Chapter 2 / Section 56-221
56-221 CONFIDENTIAL CHARACTER OF PUBLIC ASSISTANCE RECORDS.
Status: in_force

56-221. Confidential character of public assistance records. The rule-making power of the state department shall include the power to establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the state department. Wherever, under provisions of law, names and addresses of recipients of public assistance are furnished to or held by any state or county official, the names and addresses shall be subject to disclosure according to chapter 1, title 74, Idaho Code; but any exemption from disclosure shall not prevent the furnishing to a state or local law enforcement officer, upon his written request, with the current address of any AFDC recipient if the officer furnishes the state department with such recipient's name and social security account number and proof that such recipient is a convicted fugitive felon or an indicted fugitive felon, or a person for whom a fugitive warrant has been issued, and that the location or apprehension of such felon or person is within the officer's official duties, and that the request is made in the proper exercise of those duties.

History:

[56-221, added 1941, ch. 181, sec. 21, p. 379; am. 1985, ch. 64, sec. 1, p. 135; am. 1990, ch. 213, sec. 83, p. 550; am. 2015, ch. 141, sec. 153, p. 499.]
Idaho Code § 56-227A — Idaho Code / Title 56 / Chapter 2 / Section 56-227A
56-227A PROVIDER FRAUD — CRIMINAL PENALTY.
Status: in_force

56-227A. Provider fraud — Criminal penalty. It shall be unlawful for any provider or person, knowingly, with intent to defraud another, by means of a false statement or representation or by deliberate concealment of any material fact, or any other fraudulent scheme or device, to:

(a) Present or cause to be presented for allowance or payment any false or fraudulent claim for furnishing services or supplies;

(b) Attempt to obtain or to obtain authorization for furnishing services or supplies; or

(c) Attempt to obtain or to obtain compensation from public funds greater than that to which he is legally entitled for services or supplies furnished or purportedly furnished.

Any provider or person who violates the provisions of this section shall be guilty of a felony and shall be subject to a term of imprisonment not to exceed fifteen (15) years, or a fine not to exceed fifteen thousand dollars ($15,000), or both, and shall be ordered to make restitution to the department or any other person for any financial loss sustained as a result of a violation of this section. Each instance of violation shall be considered a separate offense, and nothing in this section shall prohibit or preclude a provider or person from being prosecuted under any other provision of the criminal code.

History:

[56-227A, added 1977, ch. 226, sec. 2, p. 675; am. 2024, ch. 228, sec. 2, p. 805.]
Idaho Code § 56-2609 — Idaho Code / Title 56 / Chapter 25 / Section 56-2609
56-2609 SAVINGS CLAUSE AND FEDERAL PREEMPTION.
Status: in_force

56-2509 [56-2609]. savings clause and federal preemption. Nothing in this chapter shall be construed to restrict conduct required or encouraged by federal civil rights law, centers for medicare and medicaid services guidance, or federal conditions of participation. If any provision of this chapter is preempted by federal law, such provision shall be severed while the remainder remains in full force and effect.

History:

[(56-2609) 56-2509, added 2026, ch. 289, sec. 1, p. 1210.]
Idaho Code § 56-602 — Idaho Code / Title 56 / Chapter 6 / Section 56-602
56-602 IDAHO YOUTH CONSERVATION PROJECT CREATED.
Status: in_force

56-602. Idaho youth conservation project created. There is hereby created the Idaho youth conservation project, which shall be placed under the jurisdiction and supervision of the Idaho park and recreation board.

History:

[56-602, added 1963, ch. 126, sec. 2, p. 370; am. 1970, ch. 178, sec. 1, p. 522; am. 1974, ch. 8, sec. 19, p. 35.]
Idaho Code § 56-1002 — Idaho Code / Title 56 / Chapter 10 / Section 56-1002
56-1002 DEPARTMENT OF HEALTH AND WELFARE — CREATION.
Status: in_force

56-1002. Department of health and welfare — Creation. (1) There is created and established in the state government a department of health and welfare which shall, for the purposes of section 20, article IV of the constitution of the state of Idaho, be an executive department of the state government. The executive and administrative power of this department shall be vested in the director of the department who shall be appointed by and serve at the pleasure of the governor, with the advice and consent of the senate.

(2) The department shall be organized into such administrative and general services divisions as may be necessary in order to efficiently administer the department. Each division shall be headed by a division administrator who shall be appointed by and serve at the pleasure of the director with the concurrence of the board. Any new bureau chief hired to head a bureau shall be appointed by and serve at the pleasure of the director with the concurrence of the board.

History:

[56-1002, added 2000, ch. 132, sec. 38, p. 347; am. 2025, ch. 207, sec. 1, p. 933; am. 2026, ch. 25, sec. 2, p. 117.]
Idaho Code § 56-1501 — Idaho Code / Title 56 / Chapter 15 / Section 56-1501
56-1501 SHORT TITLE.
Status: in_force

56-1501. short title. This chapter shall be known and may be cited as the "Idaho Skilled Nursing Facility Assessment Act."

History:

[56-1501, added 2009, ch. 221, sec. 1, p. 687.]
Idaho Code § 56-1048 — Idaho Code / Title 56 / Chapter 10 / Section 56-1048
56-1048 INSPECTION AGREEMENTS AND TRAINING PROGRAMS.
Status: in_force

56-1048. Inspection agreements and training programs. (1) The department is authorized to enter into an agreement or agreements with the federal government, other states, or interstate agencies, whereby this state will perform on a cooperative basis with the federal government, other states, or interstate agencies, inspections or other functions relating to control of x-ray producing machines.

(2) The department may institute training programs for the purpose of qualifying personnel to carry out the provisions of sections 56-1041 through 56-1053, Idaho Code, and may make said personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of such sections.

History:

[56-1048, added 2001, ch. 110, sec. 43, p. 393.]
Idaho Code § 56-1008 — Idaho Code / Title 56 / Chapter 10 / Section 56-1008
56-1008 CRIMINAL VIOLATION — PENALTY.
Status: in_force

56-1008. Criminal violation — Penalty. Any person who willfully or negligently violates any of the provisions of the public health laws or the terms of any lawful notice, order, permit, standard, or rule issued pursuant thereto, shall be guilty of a misdemeanor.

History:

[56-1008, added 2000, ch. 132, sec. 38, p. 351.]
Idaho Code § 56-1801 — Idaho Code / Title 56 / Chapter 18 / Section 56-1801
56-1801 DEFINITIONS.
Status: in_force

56-1801. definitions. As used in this chapter:

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

(2) "Extended employment services" means long-term maintenance services that assist participants in maintaining employment or gaining employment skills in preparation for community employment or that provide assistance to adult participants within an industry or a business setting or a community rehabilitation program intended to maintain paid employment. Extended employment services include individual community-based supported employment, group community-based supported employment, and work services.

(3) "Group community-based supported employment" means self-employment or paid employment that is:

(a) For a group of no more than eight (8) participants who are paid at least minimum wage and who because of their disabilities need ongoing support to maintain employment;

(b) Conducted in a variety of community and industry settings where participants have opportunities to interact with coworkers or others without known paid work supports, at least to the extent that those opportunities typically exist in that work setting;

(c) Supported by training and supervision needed to maintain that employment; and

(d) Not conducted in the work services area of a provider.

(4) "Individual community-based supported employment" means self-employment or paid employment:

(a) For which a participant is paid a competitive wage;

(b) For which a participant because of the participant's disability needs ongoing support to maintain the employment;

(c) That is conducted in a community or industry setting where persons without known paid work supports are employed; and

(d) That is supported by authorized activities needed to sustain paid work by persons with disabilities, including but not limited to supervision and training.

(5) "Individual program plan" means a plan for extended employment services appropriate for an individual participant based on the participant's needs and personal goals.

(6) "Participant" means a person eligible for and enrolled in the program established pursuant to this chapter.

(7) "Program" means the extended employment services program established by this chapter.

(8) "Provider" means a community rehabilitation program services provider approved by the department to provide extended employment services.

(9) "Work services" means activities, including remunerative work, typically conducted on provider premises, intended to assist participants in understanding the value and demands of work and developing functional capacities that increase or maintain the skill sets needed to achieve and maintain employment.

History:

[(56-1801) 56-1701, added 2022, ch. 200, sec. 2, p. 651; am. and redesig. 2023, ch. 218, sec. 21, p. 644.]
Idaho Code § 56-203C — Idaho Code / Title 56 / Chapter 2 / Section 56-203C
56-203C POWERS OF DEPARTMENT.
Status: in_force

56-203C. Powers of department. (1) In order to carry out its responsibilities imposed under this chapter and title IV-D of the social security act, the state department of health and welfare, through the attorney general or the respective county prosecuting attorney, or through private counsel is hereby authorized to take the following action:

(a) Petition to establish an order for support including medical support and support for a period during which a child received public assistance;

(b) Petition to establish paternity and order genetic testing of any individual involved in the paternity action;

(c) Petition to modify an order for support in accordance with the Idaho child support guidelines at the request of an obligor, obligee or state agency providing services under title IV-D of the social security act;

(d) Petition to enforce an order for support of a child or a spouse or former spouse who is living with a child for whom the individual also owes support; and

(e) Intervene in a divorce or separate maintenance action or proceedings supplemental thereto, for the purpose of advising the court regarding support of a child or advising the court as to the financial interest of the state of Idaho therein without necessity of further leave of the court.

(f) Other services as required by title IV-D of the social security act.

(2) The department of health and welfare is not authorized to provide services regarding visitation or custody of a child unless so authorized by title IV-D of the social security act.

(3) In any action taken under this section, the prevailing party may, at the discretion of the court, be allowed reasonable attorney's fees and costs to be set by the court.

History:

[56-203C, as added by 1975, ch. 264, sec. 4, p. 712; am. 1979, ch. 201, sec. 1, p. 581; am. 1986, ch. 222, sec. 3, p. 603; am. 1990, ch. 361, sec. 6, p. 978; am. 1996, ch. 221, sec. 1, p. 725; am. 1997, ch. 195, sec. 2, p. 553.]
Idaho Code § 56-1041 — Idaho Code / Title 56 / Chapter 10 / Section 56-1041
56-1041 STATE X-RAY CONTROL AGENCY.
Status: in_force

56-1041. State x-ray control agency. (1) The state department of health and welfare is designated as the state agency having the responsibility for administration of the regulatory, licensing and radiation control provisions associated with x-ray producing machines, as defined in section 56-1042, Idaho Code.

(2) The director of the department of health and welfare shall be administrator of the agency, hereinafter referred to as the director, who shall perform the functions vested in the agency pursuant to the provisions of sections 56-1041 through 56-1053, Idaho Code.

(3) In accordance with the laws of the state, the director may appoint, fix the compensation, and prescribe the powers and duties of such individuals, including consultants, advisory councils, emergency teams and committees as may be necessary to carry out the provisions of sections 56-1041 through 56-1053, Idaho Code. The personnel engaged in field activities of evaluation and inspection shall at least have a baccalaureate degree in the physical and/or life sciences, or the equivalent, and be trained in health physics.

(4) The agency shall for the protection of the occupational and public health and safety:

(a) Develop programs for evaluation of hazards associated with use of radiation;

(b) Formulate and recommend that the board of health and welfare adopt, promulgate and repeal codes, rules and standards relating to control of x-ray producing machines;

(c) Advise, consult, and cooperate with other agencies of the state, and federal government, other states and interstate agencies, political subdivisions, and with groups concerned with control of x-ray producing machines;

(d) Encourage, participate in, or conduct studies, investigations, training, research and demonstrations relating to x-ray producing machines;

(e) Collect and disseminate information relating to control of x-ray producing machines, including:

(i) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations; and

(ii) Maintenance of a file of registrants possessing x-ray producing machines requiring registration under the provisions of sections 56-1041 through 56-1053, Idaho Code, and any administrative or judicial action pertaining thereto;

(f) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions from the federal government and from other sources, public or private;

(g) Issue subpoenas in order to compel the attendance of necessary witnesses and/or the production of records and documents.

History:

[56-1041, added 2001, ch. 110, sec. 37, p. 390.]
Idaho Code § 56-2102 — Idaho Code / Title 56 / Chapter 21 / Section 56-2102
56-2102 GOVERNMENTAL LIABILITY.
Status: in_force

56-2102. GOVERNMENTAL LIABILITY. All provisions of chapter 9, title 6, Idaho Code, shall apply to any claim of tortious conduct on the part of a person acting or refusing to act in conformance with this chapter.

History:

[(56-2102) 56-1902, added 2024, ch. 264, sec. 1, p. 918; am. and redesig. 2025, ch. 211, sec. 29, p. 1001.]
Idaho Code § 56-205A — Idaho Code / Title 56 / Chapter 2 / Section 56-205A
56-205A SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM INTEGRITY MEASURES.
Status: in_force

56-205A. supplemental nutrition assistance program integrity measures. (1) The department of health and welfare shall enter into a data-matching agreement with the Idaho state lottery commission to identify households with lottery winnings of three thousand dollars ($3,000) or more and, to the extent permissible under federal law, shall treat this data as verified upon receipt. To the extent that the data may not be verified upon receipt, the department shall make referrals for further investigation to identify households with winnings equal to or greater than the resource limit for elderly or disabled households as defined in 7 U.S.C. 2014(g)(1). The department shall promptly disenroll from the supplemental nutrition assistance program (SNAP) any household with winnings equal to or greater than the resource limit for elderly or disabled households.

(2) On at least a monthly basis, the department of health and welfare shall:

(a) Review information from the bureau of vital records and health statistics concerning individuals in households enrolled in SNAP that indicates a change in circumstances that may affect eligibility for SNAP, including but not limited to death records;

(b) Receive and review information concerning individuals in households enrolled in SNAP that indicates a change in circumstances that may affect eligibility for SNAP, including but not limited to potential changes in residency as identified by out-of-state electronic benefit transfer transactions;

(c) Receive and review information from the state department of correction concerning individuals in households enrolled in SNAP that indicates a change in circumstances that may affect eligibility for SNAP, including but not limited to incarceration status; and

(d) To assess continued eligibility and act on findings, review and act on the following data from federal sources:

(i) Earned income information, death register information, incarceration records, supplemental security income information, beneficiary records, earnings information, and pension information maintained by the United States social security administration;

(ii) Income and employment information maintained in the national directory of new hires database and child support enforcement data maintained by the United States department of health and human services;

(iii) Payment and earnings information maintained by the United States department of housing and urban development;

(iv) National fleeing felon information maintained by the federal bureau of investigation; and

(v) Address change information maintained in the United States postal service national change of address database.

(3) On at least a quarterly basis, the department of health and welfare shall:

(a) Receive and review information from the department of labor concerning individuals in households enrolled in SNAP that indicates a change in circumstances that may affect eligibility for SNAP, including but not limited to changes in employment or wages; and

(b) Receive and review information from the state tax commission concerning individuals in households enrolled in SNAP that indicates a change in circumstances that may affect eligibility for SNAP, including but not limited to potential changes in income, wages, or residency as identified by tax records.

(4) On at least a biannual basis, the department of health and welfare shall make available to the public on its website data from findings of noncompliance and fraud investigations in SNAP for the following aggregate, nonconfidential, and non-personally identifying information:

(a) The number of households investigated for intentional program violations or fraud;

(b) The total number of households referred for prosecution to the attorney general's office and United States attorney's office;

(c) Improper payments and expenditures;

(d) Moneys recovered;

(e) Aggregate data concerning improper payments and ineligible recipients as a percentage of those investigated and reviewed; and

(f) The aggregate amount of funds expended by electronic benefit transfer card transactions in each state outside of Idaho.

(5) If the department of health and welfare receives information concerning an individual receiving SNAP benefits that indicates a change in circumstances that may affect eligibility for SNAP, the department shall review the household's case.

(6) In no case shall categorical eligibility under 7 U.S.C. 2014(a) or 7 CFR 273.2(j)(2)(ii) be granted for any noncash, in-kind, or other benefit, unless expressly required by federal law for SNAP.

(7) The department of health and welfare shall not apply gross income standards for SNAP higher than the standards specified in 7 U.S.C. 2014(c) or allowable financial resources higher than the standards specified in 7 U.S.C. 2014(g)(1), other than financial resources described in 7 U.S.C. 2014(g)(2)(D), unless expressly required by federal law. Exempting households from such gross income standards or allowable financial resource standards shall not be granted, unless expressly required by federal law.

(8) The department of health and welfare may apply alternate vehicle allowance standards authorized by 7 U.S.C. 2014(g)(2)(D).

(9) The department of health and welfare shall assign certification periods no greater than six (6) months to households with zero (0) net income, households that include an able-bodied adult without dependents, and other households whose circumstances are determined by the department to be unstable, unless otherwise prohibited by federal law.

(10) The department of health and welfare shall assign certification periods of one (1) to two (2) months to households that the department determined will become ineligible for SNAP in the near future, unless otherwise prohibited under federal law.

History:

[56-205A, added 2026, ch. 294, sec. 1, p. 1215.]
Idaho Code § 56-1042 — Idaho Code / Title 56 / Chapter 10 / Section 56-1042
56-1042 DEFINITIONS.
Status: in_force

56-1042. Definitions. As used in sections 56-1041 through 56-1053, Idaho Code:

(1) "Board" means the Idaho board of health and welfare.

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

(3) "Electronic product" means any manufactured product or device or component part of such a product or device that has an electronic circuit which during operation can generate or emit a physical field of radiation.

(4) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of the foregoing.

(5) "Registration" means registration by any person possessing an x-ray producing machine in accordance with rules and standards adopted by the state board of health and welfare.

(6) "X-ray producing machine" means any type of device which is capable of producing or emitting x-rays.

History:

[56-1042, added 2001, ch. 110, sec. 38, p. 391.]
Idaho Code § 56-1708 — Idaho Code / Title 56 / Chapter 17 / Section 56-1708
56-1708 OFFICE OF PATIENT OMBUDSMAN.
Status: in_force

56-1708. office of patient ombudsman. If crisis standards of care are declared by the director, there will be established within the governor's office an office of patient ombudsman to receive calls, emails, and written complaints from Idaho patients, residents, or families seeking help in obtaining health care services. The ombudsman shall advocate for the rights and needs of patients and residents negatively impacted by crisis standards of care. The office shall operate for the duration of the crisis standards of care and shall cease to operate no later than three (3) weeks after the declaration of crisis standards of care is terminated. The ombudsman will be provided with sufficient resources for staffing and advertising. When an office of patient ombudsman has been established, the governor's office shall provide a written report to the president pro tempore of the senate, the speaker of the house of representatives, the senate health and welfare committee, and the house of representatives health and welfare committee that contains the number of contacts received, cases engaged, and resolutions obtained by the office of patient ombudsman.

History:

[56-1708, added 2022, ch. 253, sec. 1, p. 831.]
Idaho Code § 56-1301 — Idaho Code / Title 56 / Chapter 13 / Section 56-1301
56-1301 SHORT TITLE.
Status: in_force

56-1301. Short title. This chapter shall be known and may be cited as the "Idaho Long-term Care Partnership Program."

History:

[(56-1301) 56-1201, added 2004, ch. 261, sec. 1, p. 737; am. and redesig. 2005, ch. 25, sec. 113, p. 129.]
Idaho Code § 56-1702 — Idaho Code / Title 56 / Chapter 17 / Section 56-1702
56-1702 LEGISLATIVE INTENT.
Status: in_force

56-1702. legislative intent. The Idaho legislature recognizes the need for the department of health and welfare to prepare for various public health crises and natural disasters and carry out response activities when a public health crisis or natural disaster occurs. The legislature recognizes the legitimacy of preparing emergency plans and guidance to provide the most benefit possible when health care resources are limited as a result of a public health crisis or natural disaster. However, the department of health and welfare is charged with the responsibility of limiting the duration and scope of operating in crisis standards of care by using all measures that are available and within its authority. The department is further charged with the responsibility of developing long-term capacity strategies to reasonably prepare for future surges in health care demand. Such strategies shall recognize the pace of Idaho's population growth.

History:

[56-1702, added 2022, ch. 253, sec. 1, p. 829.]
Idaho Code § 56-204A — Idaho Code / Title 56 / Chapter 2 / Section 56-204A
56-204A SERVICES FOR CHILDREN.
Status: in_force

56-204A. Services for children. The state department is hereby authorized and directed to maintain, by the adoption of appropriate rules and regulations, activities which, through social casework and the use of other appropriate and available resources, shall embrace:

(a) Protective services on behalf of children whose opportunities for normal physical, social and emotional growth and development are endangered for any reason;

(b) Services for unmarried parents, which may be necessary to assure or provide adequate care, and to safeguard the rights and promote the well-being of such parents and their infants;

(c) Services on behalf of children in their own homes to help overcome problems that may result in dependency, neglect or delinquency, and to strengthen parental care and supervision; and

(d) Undertaking care of, and planning for children including those committed to the state department by the courts.

Such rules and regulations shall provide for:

(1) Receiving from any source and investigating all reasonable reports or complaints of neglect, abuse, exploitation or cruel treatment of children;

(2) Initiation of appropriate services and action where indicated with parents or other persons for the protection of children exposed to neglect, abuse, exploitation or cruel treatment;

(3) Filing pleadings with appropriate courts in cases requiring court action;

(4) Arrangements for prenatal care of unmarried expectant mothers and payment for such care when necessary for the well-being of the parents and infant;

(5) Counseling with unmarried parents in relation to their plans for their children, including assisting parents to reach a decision concerning relinquishment through an understanding of what would be best for the child and themselves;

(6) Services and assistance for minor unmarried parents;

(7) Services on behalf of children in their own homes to strengthen parental care and supervision;

(8) Specifying the conditions under which payment shall be made for the purchase of services and care for children, such as medical, psychiatric or psychological services and foster family or institutional care, group care, homemaker service, or day care;

(9) Procedures to be observed in planning and caring for or placing for adoption a child committed to the state department following the termination of his parent-child relationship;

(10) The establishment of appropriate administrative procedures for the conduct of administrative reviews and hearings as required by federal statute for all children committed to the department and placed in out of home care.

History:

[56-204A, added 1963, ch. 325, sec. 2, p. 936; am. 1989, ch. 217, sec. 1, p. 526; am. 1989, ch. 218, sec. 6, p. 531; am. 1992, ch. 341, sec. 5, p. 1036.]
Idaho Code § 56-232 — Idaho Code / Title 56 / Chapter 2 / Section 56-232
56-232 MEDICAL ASSISTANCE PROGRAMS — CONTRACTS WITH INDEPENDENT AGENCIES FOR ADMINISTRATION OF PROGRAMS.
Status: in_force

56-232. Medical assistance programs — Contracts with independent agencies for administration of programs. The agency, board, or governmental unit of the state of Idaho designated as the responsible agency for the administration of medical assistance programs which involve the participation of the federal government under the provisions of title XIX of the Social Security Act of 1965, as amended, is authorized to enter into contracts or agreements with life insurance companies qualified in this state, hospital or medical service corporations qualified in this state, or other appropriate independent organizations or corporations for the administration of such medical assistance programs, subject however, to the rules and regulations of the designated responsible governmental agency. Any such contract shall, among other provisions, set forth the term, consideration to be paid for such service, the general duties and procedures of the contract, accounting procedures, and such other matters as may be required to insure the proper administration of the benefits provided by the statutes of Idaho and the rules and regulations authorized therein with reference to the programs established by title XIX of the Social Security Act of 1965, as amended. Such contract shall be signed by the governor of the state of Idaho on behalf of the state.

History:

[56-232, added 1969, ch. 201, sec. 1, p. 588.]