Title 56, PUBLIC ASSISTANCE AND WELFARE

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. T…

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.

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…

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 apprehe…

56-2105. PROTECTIVE CUSTODY UPON COURT ORDER — JUDICIAL PROCEDURE. (1) Proceedings by a hospital for the involuntary care and treatment of persons likely to have a neurocognitive disorder who are in acute crisis due to an underlying medical condition may be commenced by the filin…

56-2106. DUTY TO REPORT INSTANCES OF EMERGENCY PROTECTIVE PLACEMENT. (1) Hospitals shall report all placements in which persons are placed in emergency protective placement pursuant to section 56-2104 or 56-2105, Idaho Code, or an involuntary hold pursuant to section 66-326 or 66…

56-2107. RESPONSIBILITY FOR COSTS OF PROTECTIVE CUSTODY AND CARE OF PATIENTS. (1) As used in this section: (a) "Protective custody period" means a period that begins when a person is taken into custody pursuant to sections 56-2104 and 56-2105, Idaho Code, and ends when the patien…

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 …

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 me…

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 medi…

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 m…

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-requirement…

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

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 m…

56-2208. legislative approval — change in encounter rate due to change in scope of services. (1) The department of health and welfare is authorized to and shall submit the state plan amendments required to carry out the provisions of this section no later than October 1, 2026. (2…

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

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) year…

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.

56-2304. general requirements. (1) A clinical laboratory shall have adequate space, equipment, and supplies to perform the services offered by the laboratory with accuracy, precision, and safety. (2) Practitioners legally authorized to diagnose, treat, and prescribe are authorize…

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

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 w…

56-2403. certification fees. (1) Laboratories requesting chemistry certification shall be charged a base fee of one hundred dollars ($100) per discipline and twenty dollars ($20.00) per analyte per method. (2) Laboratories requesting microbiology certification shall be charged a …

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 complia…

56-2501. IDAHO rural health transformation fund. (1) There is hereby created and established in the state treasury the Idaho rural health transformation fund. The fund shall consist of moneys received by the state of Idaho from the federal rural health transformation program gran…

56-2502. Rural health transformation committee. (1) There is hereby created the rural health transformation committee, hereafter referred to as the committee. The committee shall consist of nine (9) members to be appointed as follows: four (4) members of the senate shall be appoi…

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [26] MERIT-BASED HEALTH CARE ACT 56-2501 [56-2601]. short title. This chapter shall be known and may be cited as the "Merit-Based Health Care Act."

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [26] MERIT-BASED HEALTH CARE ACT 56-2502 [56-2602]. legislative findings and intent. (1) The legislature finds that: (a) Medicaid participation is voluntary and subject to reasonable conditions imposed by the state as a steward of…

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [26] MERIT-BASED HEALTH CARE ACT 56-2503 [56-2603]. definitions. As used in this chapter: (1) "Discriminatory hiring" means granting a preference or imposing a disadvantage in employment or contracting based on race, sex, or natio…

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [26] MERIT-BASED HEALTH CARE ACT 56-2504 [56-2604]. prohibited acts. (1) With respect to employment, policies, training, or communications, a health care provider shall not: (a) Engage in discriminatory hiring or prohibited DEI co…

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [26] MERIT-BASED HEALTH CARE ACT 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 …

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [26] MERIT-BASED HEALTH CARE ACT 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 pe…

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [26] MERIT-BASED HEALTH CARE ACT 56-2507 [56-2607]. limited private right of action. A health care professional may bring an action solely for retaliation arising from refusing to participate in prohibited DEI conduct. Remedies ma…

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [26] MERIT-BASED HEALTH CARE ACT 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 reaso…

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [26] MERIT-BASED HEALTH CARE ACT 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…

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [27] BACKGROUND CHECKS 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 …

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [27] BACKGROUND CHECKS 56-2502 [56-2702]. background checks authorized — confidentiality. (1) The department is authorized to conduct background checks of applicants pursuant to this chapter. To carry out the purposes of this chap…

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [27] BACKGROUND CHECKS 56-2503 [56-2703]. rules and fees. (1) The department is authorized to promulgate rules, subject to legislative approval, to carry out the purposes of this chapter, including rules enumerating disqualifying …

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [27] BACKGROUND CHECKS 56-2504 [56-2704]. individuals subject to background check. (1) The following individuals or classes of individuals, license applicants, certificate holders, members of vocations or professions, position hol…

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [27] BACKGROUND CHECKS 56-2505 [56-2705]. application. The department shall conduct a fingerprint-based background check on any applicant required to undergo a background check pursuant to this chapter who submits an application a…

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [27] BACKGROUND CHECKS 56-2506 [56-2706]. suitability for employment. An applicant’s clearance through a background check pursuant to this chapter is not a determination of suitability for employment.

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 25 [27] BACKGROUND CHECKS 56-2507 [56-2707]. limitation on liability. The department or an employer that acts in reasonable reliance on the clearance determination of a background check of an applicant in making an employment decisio…