IdahoH 04942026 regular legislative sessionHouseWALLET

HEALTH AND WELFARE – Amends, repeals, and adds to existing law to establish provisions regarding background checks conducted by the Department of Health and Welfare.

Sponsored By: HEALTH AND WELFARE COMMITTEE

Signed by Governor

HEALTH AND WELFARE

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Background checks for Idaho care roles

Idaho replaces its former background-check law with a centralized system to screen people in sensitive care and service roles. Covered groups include care workers and volunteers, adoptive parents, high-risk Medicaid providers, guardians, and conservators. Department personnel are covered when their duties involve specified care, sensitive information, or background checks. Applicants must apply, disclose required information, and provide fingerprints for Idaho State Police and FBI checks. Screening also covers protection registries, driving records, nurse aide records, federal exclusion lists, and relevant records from other states. Department rules can expand covered groups, define disqualifying records, and set denial-challenge procedures, subject to legislative approval where required.

Privacy protections for background check applicants

The Department must keep background-check records and information confidential. It can share them only when state or federal law allows. A denial does not disclose the underlying criminal-history details.

Job clearance offers no hiring guarantee

A clearance means the Department found no disqualifying crime or record; it does not establish fitness for a job. Employers still make their own hiring decisions. The Department or an employer is protected from liability for an employment decision that reasonably relies on a clearance. That protection does not cover every employment decision and can limit an applicant's legal recourse.

Check fees with temporary caregiver protection

Most applicants must pay a nonrefundable background-check fee unless another law provides otherwise. The Department sets fee amounts by rule, subject to legislative approval; the law sets no dollar amount. Temporary caregivers are not charged, and Temporary Care Assistance programs cannot pass check costs to them. Guardians pay for required checks of people living in or frequenting a proposed ward's home. Proposed guardians also pay for checks required at their expense, including household checks requested by the court-appointed guardian ad litem.

Sponsors & Cosponsors

Sponsor

  • HEALTH AND WELFARE COMMITTEE

    Affiliation unavailable

Cosponsors

  • Julie VanOrden

    Republican • Senate

  • Josh Wheeler

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 97 • No: 75

House vote • 3/26/2026

House Floor Vote

Yes: 41 • No: 29

Senate vote • 3/23/2026

Senate Floor Vote

Yes: 20 • No: 13

House vote • 2/9/2026

House Floor Vote

Yes: 36 • No: 33

Actions Timeline

  1. Reported Signed by Governor on March 27, 2026 Session Law Chapter 220 Effective: 07/01/2026

    3/30/2026
  2. Delivered to Governor at 1:45 p.m. on March 27, 2026

    3/30/2026
  3. Returned Signed by the President; Ordered Transmitted to Governor

    3/27/2026Senate
  4. Signed by President; returned to House

    3/27/2026Senate
  5. Received from the House enrolled/signed by Speaker

    3/27/2026Senate
  6. Reported Enrolled; Signed by Speaker; Transmitted to Senate

    3/26/2026House
  7. Rules Suspended: Ayes 68 Nays 1 Abs/Excd 1, read in full as required – PASSED - 41-29-0

    3/26/2026House
  8. Read second time as amended in Senate; Filed for Third Reading

    3/26/2026House
  9. Read first time as amended in Senate; Filed for Second Reading

    3/25/2026House
  10. Reported Engrossed; Filed for First Reading of Engrossed Bills

    3/25/2026House
  11. Bills as Amended Referred to JRA for Engrossing

    3/24/2026House
  12. Returned from the Senate Amended; Held at Desk

    3/24/2026House
  13. House Concurred in Senate Amendments

    3/24/2026House
  14. Returned from the Senate Amended; Held at Desk

    3/24/2026House
  15. Read third time as amended in the Senate – PASSED - 20-13-2

    3/23/2026Senate
  16. Read second time as amended in the Senate, filed for Third Reading

    3/17/2026Senate
  17. Read first time as amended in the Senate; Filed for Second Reading

    3/16/2026Senate
  18. Amendments reported printed

    3/16/2026Senate
  19. Reported out as amended; filed for first reading

    3/13/2026Senate
  20. Amendments ordered printed

    3/13/2026Senate
  21. Placed in the Committee of the Whole

    3/13/2026Senate
  22. Reported out of committee; to 14th Order for amendment

    2/19/2026Senate
  23. Introduced, read first time; referred to: Health & Welfare

    2/10/2026Senate
  24. Received from the House passed; filed for first reading

    2/10/2026Senate
  25. Read Third Time in Full – PASSED - 36-33-1

    2/9/2026House

Bill Text

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