A Fair and Friendly Look at What's Happening in the 2016 Legislature
Legislative Update
February 15-19, 2016
Trouble For The  Governor's Primary Care Access Plan?
On Monday, the House State Affairs Committee refused to print legislation presented by House Chairman Fred Wood to provide an ongoing funding source for the Governor's $30 million a year Primary Care Access Plan (PCAP) from the state's Millennium Fund.

The proposed legislation would have used 20 percent of the additional money Idaho receives each year under a nationwide tobacco settlement for five years starting July 1, 2016, money that goes to Idaho’s Millennium Fund, and also would redirect 80 percent of the trust fund’s payouts each year to PCAP.

Rep. Wood estimated the bill would raise $5 million in fiscal year 2017 for the Primary Care Access Program, $15.6 million in fiscal year 2018, $16.4 million in fiscal year 2019; $17.2 million in fiscal year 2020; $18 million in fiscal year 2021 and $18.9 million in fiscal year 2022.

The bill wouldn’t cover the full cost of PCAP. One time savings from Idaho’s Catastrophic Health Care program, would make up the difference for fiscal years ’17 and ’18, and part of the difference for fiscal year 2019. This would  leave about $10 million needed for funding for ‘19 and then about $13 or $14 million for the following three years, Wood told the committee.

Representative Brent Crane questioned why the program couldn't be funded out of the Catastrophic Health Care Fund and Rep. Loertscher replied that the CAT fund is one time money.

Following the rejection of printing the bill, Rep. Wood commented that he had informed the Governor's office and Dick Armstrong Director of Health and Welfare that the PCAP bill would be dead until they can find a funding source.

The Governor's initial PCAP funding proposal called for the program to be funded from existing tobacco and cigarette taxes, shifting some of the items now funded from those taxes onto the state general fund. To date, legislation for this funding mechanism has not been submitted.

Close the Gap Proponents See Opening For Passage of the Healthy Idaho Plan S1205
With funding for the Governor's PCAP plan still not secured, the Close the Gap coalition is gaining momentum encouraging legislators to pass Senate Bill 1205; the Healthy Idaho Plan.

According to promotional materials from the coalition:
  • The Health Idaho Plan is a full solution created just for Idaho that provides the coverage gap population with comprehensive health coverage
  • Idahoans living in the gap are needlessly suffering, often delaying health care until their situations become dire and costly. We want Idaho families to be able to go to the doctor and get the care they need without facing huge medical bills. The Healthy Idaho Plan would allow for full coverage; it will enhance quality of life and save lives.  
  • The Healthy Idaho Plan spends our tax dollars wisely and creates a more efficient and cost-effective health system in Idaho. In addition, a full solution would increase the financial security of Idaho businesses and communities.
Currently Senate Bill 1205 is still in the hands (desk) of Senate Health and Welfare chairman Lee Heider. To read the bill click here.

To weigh in with legislators, Close the Gap has created a simple form for sending comments. Access the form here.
Rep. Wood Encourages JFAC To Fund Health Care Programs

On Wednesday, the Joint Finance and Appropriation Committee (JFAC) heard from the chairmen of the House and Senate Health and Welfare Committees.

Rep. Wood testified that his committee unanimously agreed that what is currently happening to care for individuals who fall into the gap population of 78,000 Idahoans who make too little to qualify for subsidized insurance through the state exchange, but make too much to qualify for Medicaid is unfair and wrong. 

He encouraged JFAC to fully fund Idaho’s suicide prevention hotline and its state suicide prevention plan; and funding for “as many crisis centers as the joint committee feels comfortable with funding” to address gaps in Idaho’s system of providing behavioral health care. 

He said his committee supports an increase in home care reimbursements, and funding for needed upgrades to the computer system for the child support program.

Legend Drug Act Changes
H373

H373 has passed the House and has made it through the Senate Health and Welfare Committee. This bill proposes changes to the Legend Drug Act to designate the Department's Regional Behavioral Health Centers and State Charitable Institutions as "qualifying charitable clinic(s) or center(s)" under the Legend Drug Act.

This change would allow the Regional Behavioral Health Centers to accept donated medications including unused Patient Assistance Program Medications. These donated medications may then be dispensed to indigent clients with a valid prescription order.

While this legislation has no fiscal impact to state general funds or any other funds due to this proposed legislation, without this proposed legislation the Department may need to limit the availability of medications provided to indigent clients through the Regional Behavioral Health Centers.

In order to cover medication costs for these clients, the Department may need to seek additional funds at an estimated cost of $1,456,286 which is the estimated annual cost of purchasing the equivalent amount of medications at the current contract rate.

Suicide Prevention Services
S1326

Senate Bill 1326 would clarify that Health and Welfare's mission would include services for the prevention of suicide.

While most agree that this authority is already implied by current statutes, until recently H&W has not been heavily involved in suicide prevention efforts. This bill makes the statutory authority clear.

This will have no fiscal impact, as the department has existing authority to address suicide prevention and performs this function. The bill awaits a hearing in Senate H&W committee.

You can view the bill here.

Vulnerable Adult Legislation
S1327

Senate Bill 1327 is one of the bills that the Supreme Court has recommended in its annual report to the Governor concerning defects or omissions in the law as required under article V, section 25 of the Idaho Constitution. The crime of abuse or neglect of a vulnerable adult is defined in I.C. § 18-1505.

The offense is a felony if the abuse or neglect is likely to produce great bodily harm or death; otherwise it is a misdemeanor. However, the statute defines "neglect" as a failure of a caretaker to provide certain basic needs "in such a manner as to jeopardize the life, health and safety of the vulnerable adult."

The conjunctive "and" means that proving neglect requires a showing that the life of the vulnerable adult was jeopardized, in addition to his or her health or safety.

This appears to make all neglect of a vulnerable adult a felony. It seems more likely that the Legislature intended that acts jeopardizing the health or safety of a vulnerable adult, but not necessarily his or her life, would also be an offense that would be punishable as a misdemeanor.

This bill would correct the statute by requiring only that the act of neglect jeopardized the life, health or safety of the vulnerable adult. 

You can view the bill here.

Child Protective Act
S1328

Senate Bill 1328 has been proposed by the Supreme Court based on a recommendation of its Children and Families in the Courts Committee. It would make several improvements to the Child Protective Act, including the following:

1. Clarify the possible outcomes at shelter care hearings.

2. Clarify the procedure for re-disposition hearings.

3. Promote educational stability for children in foster care, by requiring the Department of Health and Welfare (DHW) to report and the court to inquire about efforts to maintain foster children in the same school.

4. Address concerns about treatment of children in foster care with psychotropic drugs, by requiring DHW to report and the court to inquire when foster children are receiving treatment with psychotropic drugs.

5. Promote connections between siblings, requiring DHW to report and the court to inquire about efforts to place siblings in the same foster home, or efforts for visitation among siblings in different foster placements, unless joint placement or visitation is not in the best interest of one or more of the siblings.

6. Clarify that DHW is to prepare a transition plan for assisting the youth with the transition to successful adulthood beginning at age 14.

7. Require DHW to inform foster youth about their rights, and document that the information has been provided.

8. Providing for the court to ask the youth about the youth's desires regarding permanency.

9. Promote outcomes for foster youth 16 and older who have a permanency goal of another permanent planned living arrangement, by encouraging enrichment activities and clarifying DHW's duty to make efforts to finalize a more permanent goal for the youth.

 10. Avoid disruptions in child protection cases and placement of Indian children by requiring DHW to report and the court to make findings about DHW's efforts to identify Indian children as early as possible in a child protection case.

 11. Amend the definition of a protective order to clarify that protective orders are not limited to orders issued prior to an adjudicatory hearing.

This bill would have no direct impact on the general fund. However, several elements of this bill are required to fulfill DHW's state plan for federal IV-E funding. The funding that could otherwise be lost includes $9,905,170 for foster care, $7,250,579 for adoption subsidies, and $18,540 for guardianship subsidies.

To view the bill click here.

Foster Care Reform Introduced

On Thursday legislation was introduced in the House Health and Welfare committee that would implement major reforms in the Idaho foster care program.

According the Rep. Christy Perry of Nampa, the legislation would allow judges to oversee adoptions while implementing a time frame for relatives to apply to care for a child. A second measure of the legislation would require the Department of Health and Welfare to present an annual report on the foster care program to the Legislature.

This legislation was introduced after the joint Health and Welfare committees heard emotional testimony from foster care parents last week. It must clear a legislative hearing before a full vote in the House.

JFAC Holds Listening Session

On Thursday, the Joint Finance and Appropriations Committee held a public session where they took testimony from the public on issues related to budget setting.

The turnout was light and only four people testified. Three of the four people who testified spoke on behalf of school funding. The forth person to testify was Wayne Hoffman with the Idaho Freedom Foundation who encouraged JFAC to spend less.

Chairman Maxine Bell did note that both the House and Senate Health and Welfare Committees held extensive hearing on health and welfare budget issues. 

For a full report, read Betsy Russell's blog here.

Dentists Want Higher Pay From Medicaid

According to an article in the Idaho Statesman on Thursday, Idaho dentists are increasingly turning away patients on Medicaid because the reimbursement rate is too low. They are pushing to have the rates increased.

Idaho's Medicaid reimbursement rate for dentists is below the national average and as a percentage of the dentist full price fee have dropped 25% over the past 10 years.

To read the full article in the Idaho Statesman click here.

Disability Awareness Day at the Capitol Scheduled

Individuals with disabilities, families and groups that work with individuals with disabilities will visit the Capitol on February 23rd to participate in Disability Awareness Day.

Disability Awareness Day at the Capitol is being sponsored by the Consortium for Idahoans with Disabilities (CID), a group of advocacy, provider and government agencies working together to address issues affecting people with disabilities in Idaho.  CID organizations will host display tables on the first floor of the Capitol with information about disability issues and programs, the achievements of Idahoans with disabilities, and services in communities throughout Idaho.  

Legislators and visitors will learn more on the Healthy Idaho Plan, ABLE Act, Home and Community Based Services, the Optum Performance Evaluation and changes in the state related to disability issues. They will also get to meet with advocacy groups that work every day to improve the lives of individuals with disabilities.

Participants will have the opportunity to have their pictures taken with legislators and their friends at the photo booth and learn more about accessible voting booths.

Over the past three years more than 2000 people have attended Disability Awareness Day to meet their legislators and share their stories. 

Hear From Your Legislator

Many of our good legislators, write a newsletter that they share with constituents in their districts. The newsletters are also available for anyone to receive. So, if you would like to receive your legislator's newsletter or a newsletter from a legislator on a certain committee you can sign up here.

Upcoming Events
February 23
Consortium For Idahoans Disability Awareness Day at the Capitol
Contacting Your Legislator
Your legislator is happy to hear from you. Here are a number of ways to contact your legislator.

If you are not sure who your legislators are, you can check by going to the Legislature's website at: http://legislature.idaho.gov/who'smylegislator.htm .

You can contact your legislators in a variety of ways. 

Here are the basic ways to communicate with legislators:

TELEPHONE CALLS: During the legislative session, you can call the Legislature and have a message delivered to your legislators. You will be asked to provide your name and contact information. Here are the phone numbers to use:

Local: 208-332-1000
Toll Free: 800-626-0471
Fax: 208-334-5397
Hearing Impaired: 800-626-0471

PERSONAL VISITS: During the legislative session, you are encouraged to visit your legislators in person at the Capitol. You can attend and participate in committee hearings. You can visit personally with your legislators. You can observe the House and Senate in action.

If you want to visit with a legislator, you can go to either the House or Senate lobby and the door keeper will have a page hand deliver a note to your legislator who will then come out to speak to you (time allowing).

LETTERS: You can send letters to your legislators. Do not count on a reply. They try their best, but, again, they are inundated with information and requests. They appreciate your input, and it will be considered. 

(Name)
Idaho State Legislature
State Capitol Building
P.O. Box 83720
Boise, Idaho
83720-0038 (House) 
83720-0081 (Senate)  

All mail must contain your name and address or phone number.

E-MAILS: The Legislature has a website which allows you to e-mail your legislators directly. Once you know who your legislator is, you can select them by name at the following web address:

http://www.legislature.idaho.gov/about/contactbyname.cfm

Or contact them by district at the following web address:

http://www.legislature.idaho.gov/about/contactbydistrict.cfm

Idaho Fiscal Facts

To learn more about Idaho's facts, figures and trends the Idaho fiscal Facts document is a good source of information.  Click here for the pdf.

Tracking Legislation

If there is legislation that you want to follow, there is a a nice tool offered by Legislative Services that help you know where in the process a bill is. Click here and log in to establish your own personal bill tracker for 2016.

Update Archives
Community Partnerships of Idaho | 208-376-4999 | bibiana.nertney@mycpid.com| www.mycpid.com