All Roll Calls
Yes: 104 • No: 0
IdahoH 02202025 regular legislative sessionHouseWALLET
BEHAVIORAL HEALTH – Amends, repeals, and adds to existing law to revise provisions regarding behavioral health services.
Sponsored By: HEALTH AND WELFARE COMMITTEE
Signed by Governor
BEHAVIORAL HEALTH
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Bill Overview
Analyzed Economic Effects
9 provisions identified: 0 benefits, 1 costs, 8 mixed.
Patients face recovery of unpaid treatment bills
For unpaid department-provided treatment, the Department of Health and Welfare can claim payments available to cover those services. These include payments owed to the patient for the services and other available public or private payments. Patients, their estates, or others legally responsible can owe transportation, living expenses, and treatment costs at department-set rates. That liability applies when the responsible party has enough financial ability to pay.
Annual caps on families’ behavioral health bills
Beginning July 1, 2025, Idaho replaces its behavioral health sliding-fee rules with a shared payment framework for covered state programs. The Department of Health and Welfare can charge for voluntary and court-ordered services based on actual costs and ability to pay. Medicaid and other coverage must pay before the department pays. After other coverage, annual charges to parents or adult patients cannot exceed 5% of the family household’s adjusted gross income.
Defendants face shared behavioral health payment rules
Correction and health agencies use the shared cost-and-ability-to-pay rules for covered court-ordered assessments and treatment, replacing the old fee-rule reference. The responsible agency initially pays after applicable funding sources, but can recover costs from defendants or third parties. Felony defendants must receive behavioral health screening within seven days after a guilty plea or finding, unless waived. When needed, substance-use assessments and serious-mental-illness examinations are due within 35 days of the applicable plea, finding, or court order. Courts can use the results to order treatment before sentencing or as part of release, probation, or sentencing.
Parents pay juvenile treatment with court limits
Parents remain responsible for juvenile mental-health assessments, treatment, and competency restoration based on ability to pay under the shared payment rules. Medicaid, third-party payments, and parent or child-support resources must be considered; services cannot require giving up custody or parental rights. Competency hearings must occur within 30 days after the examiner’s report is filed. Restoration orders generally last up to six months, with extensions for good cause, and must end when the juvenile reaches 21. Courts may stay or dismiss proceedings when restoration within six months is unlikely; secure confinement requires less restrictive options to be inappropriate.
Parents share children’s treatment costs with protections
The department can charge parents for children’s services under the shared ability-to-pay rules, including the 5% annual family-income cap. Services required for a child’s free appropriate public education remain free to parents. Parents pay involuntary-treatment proceeding costs based on ability to pay; counties pay when parents are indigent after available resources. After other resources are exhausted, the department covers usual treatment costs during an involuntary order until discharge, excluding witness fees. Counties do not pay voluntary-treatment costs or costs after the court order expires.
Protective custody patients share medical care costs
People released from protective custody with only a neurocognitive disorder owe custody costs based on the department’s ability-to-pay decision. Available insurance, including Medicaid, pays routine medical costs first. A third party can apply for Medicaid for someone potentially eligible but not enrolled, and custody-period care is presumed medically necessary. The department pays remaining routine medical costs at Medicaid or managed-care rates. It can seek repayment of a share from patients found able to pay.
Mental health examiners face appointment oversight
Examiner and dispositioner applicants must document qualifications, licensing, a favorable department recommendation, and training completed within 60 days before applying. Background clearance must be completed within 90 days before applying, subject to an exception for current department employees. The department must decide within 60 days; appointments last two years, and renewal requests are due at least 60 days before expiration. The department can deny, suspend, or revoke appointments, including immediate action for client safety; affected applicants or appointees can appeal. After denial, suspension, or revocation, the person cannot reapply for one year.
Mental health examiners face statewide qualification standards
Designated examiners, including those in children’s cases, must hold an eligible professional license and have two years of post-degree clinical mental-health experience. They must show skills in safety, disability, capacity, diagnosis, treatment, and court reports or testimony. They also need at least six hours of training and four additional hours observing an examination. Senior examiners need three years as a designated examiner, five years of post-master’s mental-health experience, and department approval. A dispositioner is a department-employed or contracted designated examiner who determines placement for involuntary patients.
Peer support workers lose certification rules
On July 1, 2025, Idaho nullifies its rules for certifying peer support specialists and family support partners. This removes the requirements and certification standards in those rules. The repeal does not state replacement requirements or a change in access to support services.
Sponsors & Cosponsors
Sponsor
HEALTH AND WELFARE COMMITTEE
Affiliation unavailable
Cosponsors
Marco Adam Erickson
Republican • House
Julie VanOrden
Republican • Senate
Roll Call Votes
Senate vote • 3/13/2025
Senate Floor Vote
Yes: 35 • No: 0
House vote • 2/25/2025
House Floor Vote
Yes: 69 • No: 0
Actions Timeline
Reported Signed by Governor on March 19, 2025 Session Law Chapter 110 Effective: 07/01/2025; 07/01/2025 IDAPA Sunset Clause - SECTION 20, 21, & 22
3/20/2025Delivered to Governor at 3:20 p.m. on March 17, 2025
3/18/2025Returned Signed by the President; Ordered Transmitted to Governor
3/17/2025SenateSigned by President; returned to House
3/17/2025SenateReceived from the House enrolled/signed by Speaker
3/17/2025SenateReported Enrolled; Signed by Speaker; Transmitted to Senate
3/14/2025HouseReturned from Senate Passed; to JRA for Enrolling
3/13/2025HouseRead third time in full – PASSED - 35-0-0
3/13/2025SenateRead second time; filed for Third Reading
3/6/2025SenateReported out of Committee with Do Pass Recommendation; Filed for second reading
3/5/2025SenateIntroduced, read first time; referred to: Health & Welfare
2/26/2025SenateReceived from the House passed; filed for first reading
2/26/2025SenateRead Third Time in Full – PASSED - 69-0-1
2/25/2025HouseU.C. to hold place on third reading calendar one legislative day
2/24/2025HouseRead second time; Filed for Third Reading
2/21/2025HouseReported out of Committee with Do Pass Recommendation, Filed for Second Reading
2/20/2025HouseReported Printed and Referred to Health & Welfare
2/13/2025HouseIntroduced, read first time, referred to JRA for Printing
2/12/2025House
Bill Text
Bill Text
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