Idaho has an open legislative process so all committee action on bills and amendments are conducted in open sessions, which means members of the public are welcome to attend any of these meetings throughout the session.
If you are interested in what is happening during the current legislative session, please visit this link to view the Senate and House Reading Calendars & Committee Meeting Agendas. These agendas provide daily updates on what content is being considered in each committee. Behavioral health legislation is commonly presented to these germane committees:
Click on desired committee in order to pull up today’s agenda.
Opportunity to Weigh in on Rule Change:
The public is invited to submit comment on these proposed rule changes. Please send your comments in or attend a meeting in-person or via phone. Dates of meetings and due dates of submitted comments listed below each proposed rule change. Please select links below to learn more information (No opportunities to show at this time).
Idaho House Panel Revives Health Care Proposal – posted 3/19/18
2019 Proposed Rule/Statute Changes
IDAPA Rule Changes Initiated
DBH is proposing changes to IDAPA administrative rule for the 2019 Legislative session. These changes include:
IDAPA 16.07.37 “Children’s Mental Health Services”
- The intent of the rule change is to update DSM language and remove the requirement to refer parents to Child Support for payment calculation and payment arrangement when placing a child in alternate care.
IDAPA 16.07.50 “Minimum Standards for Nonhospital, Medically Monitored Detoxification/Mental Health Services”
- The intent of the rule change is to: update limited sections of the rule that are outdated and no longer reflect best practice, update staffing requirements and align program approval process and fees with other DBH rules.
Proposed Change to CMH Act
DBH is also proposing a change to the definition of Serious Emotional Disturbance in the Children’s Mental Health Act to align with definitions used in the YES program and found in the rules for CMH service. The amended definition would include reference to the Diagnostic and Statistical Manual and the DHW standardized functional assessment tool. The proposed changes to the rules and CMH Act are available for review on the DHW website at https://healthandwelfare.idaho.gov/Medical/MentalHealth/ChildrensMentalHealth/tabid/314/Default.aspx and https://healthandwelfare.idaho.gov/Medical/MentalHealth/AdultMentalHealth/tabid/195/Default.aspx.
Changes to Disqualifying Criteria for Department Background Checks
On August 23, the Department made an amendment to Temporary rules that became effective on July 1, 2017. The amended rules were approved by the state’s Health & Welfare board. They are now Pending until they are reviewed and approved by the State Legislature in early 2019.
A Temporary rule enables the Department to implement changes to its processes when there is an element of urgency that could impact adversely the safety of the vulnerable if not corrected as soon as possible.
In our case, we have taken this unusual step because after one year of operations with the 2017 background check rules, our stakeholders have indicated that, in retrospect, applicant conduct that leads to a substantiated event that is recorded in the State’s Central Child Protection Registry is indicative of a general predisposition of the applicant of not being able to care for the vulnerable appropriately.
You might recall that with the 2017 rules, persons that were going through a standard background check were passing it even if they were listed in the state’s Central Child Protection Registry with a Substantiated Level 1 or Level 2 Child Protection Event.
Because our stakeholders have expressed serious concerns with that, today, the Department received approval to re-add Idaho Central Child Protection Registry events that are substantiated as a Level 1 or Level 2 as disqualifiers for clearances that are not Enhanced by making the appropriate changes to the rules.
What this means is that, as of today, persons that are being processed for a standard background check (not Enhanced) will not pass the background check if they are listed in Idaho’s Child Protection Central Registry with a Level 1 or 2. These persons will be issued an Unconditional Denial.
The disqualifying criteria for persons that are being processed for an Enhanced back-ground check is not changed. For those applicants, being listed in any Child Protection Registry, including Idaho’s, at any level, will also result in receiving an Unconditional Denial
The new Department background check rules ( IDAPA 16.05.06, Criminal History and Background Checks) with the new disqualifying criteria will be available for your review in a few business days at this web site. We encourage you to review them at the earliest possible opportunity:
Rules for Upcoming 2018 Legislative Session: These can also be found in the September Idaho Administration Bulletin.
16-0715-1701 – Behavioral Health Programs. This rulemaking updates these rules to clarify that an individual who has lived experience and is seeking to provide services as a peer, but whose Department Criminal History Check was denied, may apply for a Behavioral Health Waiver described in IDAPA 16.07.15, “Behavioral Health Programs.”
16-0717-1701 – Substance Use Disorders Services. The Division of Behavioral Health promulgated rules effective July 1, 2016, that removed the process for the Department’s Criminal History and Background Checks from this chapter and added them into IDAPA 16.07.15, “Behavioral Health Programs.” The unintended consequence of this action has been that providers of Recovery Support Services (RSS) only are unable to access the Behavioral Health waiver process established in rule when a Department Criminal History Check clearance is denied for an individual wanting to provide peer services. This rule change reinstates the Behavioral Health waiver process for “Recovery Support Services only” providers that are providing peer services. The Legal Authority section of these rules is being updated for statutes necessary for this requirement.
16-0730-1701 – Behavioral Health Community Crisis Centers. This rulemaking clarifies that the Behavioral Health waiver process is for individuals who have lived experience and are seeking to provide services as a peer, but whose Department Criminal History Check was denied. The waiver process in this chapter is being removed as being redundant and these rules refer to the Behavioral Health Waiver described in IDAPA 16.07.15, “Behavioral Health Programs.”
16-0733-1701 – Adult Mental Health Services. This rulemaking clarifies that the Behavioral Health waiver process is for individuals who have lived experience and are seeking to provide services as a peer, but whose Department Criminal History Check was denied. The waiver process in this chapter is being removed as being redundant and these rules refer to the Behavioral Health Waiver described in IDAPA 16.07.15, “Behavioral Health Programs.”
16-0750-1701 – Minimum Standards for Non-Hospital, Medically-Monitored Detoxification/Mental Health Diversion. This rulemaking is to update these rules to allow an individual who has lived experience and is seeking to provide services as a peer, but whose Department Criminal History Check was denied, to apply for a Behavioral Health Waiver described in IDAPA 16.07.15, “Behavioral Health Programs.”
16-0503-1701 – Rules Governing Contested Case Proceedings and Declaratory Rulings. These rule changes are being made to: meet court-ordered settlement agreements for expedited hearings and grievance processes for the Jeff D settlement agreement, comply with federal regulations, and provide benefits to consumers to use technological advances for filing of appeals for certain divisions, and to provide other needed internal appeals processes for divisional administrative reviews. Several changes are being made to remove and update obsolete language.
PUBLIC HEARING SCHEDULE: Public hearing(s) concerning these rulemakings will be scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, not later than September 20, 2017. The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below.