Idaho 2019 Session Status: Enacted

S 1204 — MEDICAID – Amends existing law to revise provisions regarding Medicaid eligibility expansion.

Last action — Signed by Governor on 04/09/19 Session Law Chapter 318 Effective: 04/09/2019

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 20, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

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Bill Text

What changed in the latest version

206 added · 191 removed

206 line(s) added, 191 removed.

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1204, As Amended BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO MEDICAID;
1204, As Amended, As Amended in the House BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO MEDICAID;
AMENDING SECTION 56-267, IDAHO CODE, TO PROVIDE THAT ELIGIBILITY FOR MEDICAID SHALL NOT BE DELAYED FOR WAIVER CONSIDERATION, NEGOTIATION, OR APPROVAL, TO PROVIDE THAT A WAIVER SHALL NOT BE IMPLEMENTED IF IT WOULD RESULT IN A REDUCTION IN FEDERAL FINANCIAL PARTICIPATION FOR CERTAIN PERSONS, TO PROVIDE THAT THE LEGISLATURE MAY DECLARE THE SECTION TO BE NULL, VOID, AND OF NO FORCE AND EFFECT UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CERTAIN REVIEWS AND RECOMMENDATIONS, TO PROVIDE THAT PERSONS PARTICIPATING IN MEDICAID PURSUANT TO THE SECTION BE PLACED IN MANAGED CARE TO THE EXTENT POSSI- BLE, AND TO MAKE TECHNICAL CORRECTIONS;
AMENDING SECTION 56-267, IDAHO CODE, TO PROVIDE THAT ELIGIBILITY FOR MEDICAID SHALL NOT BE DELAYED FOR WAIVER CONSIDERATION, NEGOTIATION, OR APPROVAL, TO PROVIDE THAT A WAIVER SHALL NOT BE IMPLEMENTED IF IT WOULD RESULT IN A REDUCTION IN FEDERAL FINANCIAL PARTICIPATION FOR CERTAIN PERSONS, TO PROVIDE THAT THE LEGISLATURE SHALL DECLARE THE SECTION TO BE NULL, VOID, AND OF NO FORCE AND EFFECT UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CERTAIN REVIEWS AND RECOMMENDATIONS, TO PROVIDE THAT PERSONS PARTICIPATING IN MEDICAID PURSUANT TO THE SECTION BE PLACED IN MANAGED CARE TO THE EXTENT POSSIBLE, AND TO MAKE TECHNICAL CORRECTIONS;
(9) The director shall, in cooperation with the director of the depart- ment of insurance, seek waivers from the federal government to provide the ability to receive, at a person's option, if such person is eligible for med - icaid pursuant to section 56-267, Idaho Code, and has a modified adjusted gross income at one hundred percent (100%) of the federal poverty level or greater, the advance premium tax credit to purchase a qualified health plan through the Idaho health insurance exchange established by chapter 61, title 41, Idaho Code, as an alternative to enrolling in medicaid.
(9) The director shall, in cooperation with the director of the depart- ment of insurance, seek waivers from the federal government to provide that persons eligible for medicaid pursuant to section 56-267, Idaho Code, who have a modified adjusted gross income at or above one hundred percent (100%) of the federal poverty level shall receive the advance premium tax credit to purchase a qualified health plan through the Idaho health insurance exchange established by chapter 61, title 41, Idaho Code, instead of enrolling in med - icaid, except as provided in paragraph (a) of this subsection.
(a) A person described in this subsection may choose to enroll in med- icaid instead of receiving the advance premium tax credit to purchase a qualified health plan.
(b) If the waivers described in this subsection are not approved before January 1, 2020, then the persons described in this subsection shall be enrolled in medicaid.
or (vi) Subject to and complying with the requirements of the work program for temporary assistance for needy families (TANF) or par - ticipating and complying with the requirements of a workfare pro - gram in the supplemental nutrition assistance program (SNAP).
or (vi) Subject to and complying with the requirements of the work program for temporary assistance for needy families (TANF) or par- ticipating and complying with the requirements of a workfare pro- gram in the supplemental nutrition assistance program (SNAP).
(iii) Physically or intellectually unfit for employment;
(iii) Physically or intellectually unable to work;
(c) A person who fails to comply with paragraph (a) of this subsection shall be subject to a copayment on covered medicaid services to the max - imum extent permissible for a period of six (6) months or until the per - son complies with paragraph (a) of this subsection, whichever is ear - lier.
(c) The department shall verify a medicaid participant's compliance with paragraph (a) of this subsection every six (6) months and shall promulgate rules based on federal final waiver approval relating to the requirements of this subsection.
(d) Compliance reporting required for persons subject to paragraph (a) of this subsection shall be consistent with compliance reporting requirements for persons participating in a SNAP workfare program.
A person who fails to comply with paragraph (a) of this subsection shall:
(i) Be ineligible for medicaid but may reapply for medicaid two (2) months after such determination is made or earlier if in com - pliance;
or (ii) If the provisions of subparagraph (i) of this paragraph are not federally approved or are found unlawful by a court of compe - tent jurisdiction, be subject to the maximum allowable copayments on covered Idaho medicaid services for a period of six (6) months or until the person complies with paragraph (a) of this subsec - tion, whichever is earlier.
(d) It is the intent of the legislature, in enacting the requirements of this subsection, to enable coverage of medicaid participants while also promoting the participants' health and financial independence.
(1) Notwithstanding any pro- vision of law or federal waiver to the contrary, the state shall amend its state plan to expand M medicaid eligibility to include those persons under sixty-five (65) years of age whose modified adjusted gross income is one hun- dred thirty-three percent (133%) of the federal poverty level or below and who are not otherwise eligible for any other coverage under the state plan, in accordance with sections 1902(a)(10)(A)(i)(VIII) and 1902(e)(14) of the Ssocial Ssecurity Aact.
(1) Notwithstanding any pro- vision of law or federal waiver to the contrary, the state shall amend its state plan to expand Mmedicaid eligibility to include those persons under sixty-five (65) years of age whose modified adjusted gross income is one hun- dred thirty-three percent (133%) of the federal poverty level or below and who are not otherwise eligible for any other coverage under the state plan, in accordance with sections 1902(a)(10)(A)(i)(VIII) and 1902(e)(14) of the Ssocial Ssecurity Aact.
(4) If section 1905(y) of the social security act is held unlawful or unconstitutional by the United States supreme court, then the legislature may declare this section to be null, void, and of no force and effect.
(4) If section 1905(y) of the social security act is held unlawful or unconstitutional by the United States supreme court, then the legislature shall declare this section to be null, void, and of no force and effect.
(2) Upon concluding its study, the task force shall reports its find- ings and recommendations to the Legislature and the Governor.
(2) Upon concluding its study, the task force shall report its findings and recommendations to the Legislature and the Governor.
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How this bill changes current law

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The bill amends various sections of the Idaho Code to enhance Medicaid provisions, particularly regarding health risk assessments for substance use disorders and the expedited processing of Medicaid eligibility.

  • Section 56-253

    The health risk assessment shall include questions related to substance use disorders to allow referral to treatment for such disorders by the department.

    Introduces mandatory inclusion of substance use disorder questions in health risk assessments.

  • Section 56-267

    Eligibility for medicaid as described in this section shall not be delayed if the centers for medicare and medicaid services fail to approve any waivers of the state plan for which the department applies, nor shall such eligibility be delayed while the department is considering or negotiating any waivers to the state plan. → Eligibility for medicaid shall not be delayed for waiver consideration, negotiation, or approval.

    Ensures Medicaid eligibility is not delayed due to waiver issues.

  • Section 56-267

    The department shall not implement any waiver that would result in a reduction in federal financial participation for persons identified in subsection (1) of this section below the ninety percent (90%) commitment described in section 1905(y) of the social security act.

    Prohibits implementation of waivers that would reduce federal funding for Medicaid.

  • Section 56-267

    The legislature may declare this section to be null, void, and of no force and effect if section 1905(y) of the social security act is held unlawful or unconstitutional by the United States supreme court.

    Allows the legislature to nullify the Medicaid provision under certain legal conditions.

  • Section 56-267

    The department shall place all persons participating in medicaid pursuant to this section in a care management program authorized under section 56-265(5), Idaho Code, or in another managed care program to improve the quality of their care, to the extent possible.

    Mandates placing Medicaid participants into managed care programs.

  • Section 56-263

    The department shall seek certain approval or a waiver and provide applicability.

    Instructs the department to pursue necessary approvals or waivers for Medicaid management.

Amendments

1 amendment

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Action History

  1. Signed by Governor on 04/09/19 Session Law Chapter 318 Effective: 04/09/2019

  2. Reported delivered to Governor at 2:40 p.m. on 04/08/19

  3. Reported signed by the Speaker & ordered delivered to Governor

  4. Received from Senate; Signed by Speaker; Returned to Senate

  5. Reported enrolled; signed by President; to House for signature of Speaker

  6. Rules Suspended (2/3 Vote - Read in full as required) – Read third time as amended in the House – PASSED - 19-16-0AYES – Anthon, Bair, Bayer, Burtenshaw, Cheatham, Crabtree, Den Hartog, Erickson(Hill), Grow, Lakey, Lent, Lodge, Mortimer, Patrick, Rice, Souza, Thayn, Vick, WinderNAYS – Agenbroad, Brackett, Burgoyne, Guthrie, Harris, Heider, Jordan, Lee, Martin, McCoy(Buckner-Webb), Mosman(Johnson), Nelson, Nye, Stennett, Ward-Engelking, WoodwardAbsent and excused – NoneFloor Sponsor - SouzaTitle apvd - to enrol

  7. Read first time as amended in the House, filed for Second Reading

  8. Reported engrossed, filed for first reading, as amended

  9. Senate concurred in House amendments; referred to engrossment

  10. Reported out with recommendation not to concur in House amendment; to 10th order

  11. Referred to Health & Welfare for concurrence recommendation

  12. Returned from House, amended

  13. Rules Suspended: Ayes 53 Nays 7 Abs/Excd 10, read in full as required – PASSED - 49-20-1AYES – Addis, Amador, Anderson, Anderst, Andrus, Armstrong, Barbieri, Blanksma, Boyle, Chaney, Christensen, Clow, Collins, Crane, Dayley, DeMordaunt, Dixon, Ehardt, Furniss, Gestrin, Gibbs, Giddings, Green(2), Harris, Hartgen, Holtzclaw, Horman, Kauffman, Kerby, Marshall, Mendive, Monks, Moon, Moyle, Nichols, Palmer, Raybould, Raymond, Ricks, Scott, Stevenson, Syme, Vander Woude, Wisniewski, Young, Youngblood, Zito, Zollinger, Mr. SpeakerNAYS – Abernathy, Berch, Chew(Toevs), Davis(Page), Ellis, Erpelding, Gannon, Goesling, Green(18), Kingsley, Lickley, Mason, McCrostie, Rubel, Smith, Toone, Troy, Wagoner, Wintrow, WoodAbsent – ShepherdFloor Sponsor - Vander WoudeTitle apvd - to Senate

  14. Read first time as amended in House; Filed for Second Reading

  15. Filed for First Reading

  16. Amendments Referred to the JRA for Printing

  17. Reported out without recommendation as amended

  18. Referred to the Committee of the Whole

  19. Reported out of Committee, Recommend place on General Orders

  20. Read First Time, Referred to Health & Welfare

  21. Received from the Senate, Filed for First Reading

  22. Rules Suspended (2/3 Vote - Read in full as required) – Read third time in full as amended – PASSED - 20-15-0AYES – Anthon, Bair, Bayer, Burtenshaw, Cheatham, Den Hartog, Grow, Harris, Heider, Hill, Lakey, Lent, Lodge, Mortimer, Patrick, Rice, Souza, Thayn, Vick, WinderNAYS – Agenbroad, Brackett, Burgoyne, Crabtree, Guthrie, Jordan, Lee, Martin, McCoy(Buckner-Webb), Mosman(Johnson), Nelson, Nye, Stennett, Ward-Engelking, WoodwardAbsent and excused – NoneFloor Sponsor - SouzaTitle apvd - to House

  23. Read second time as amended, filed for Third reading

  24. Read first time as amended, filed for Second Reading

  25. Reported engrossed, filed for first reading, as amended

  26. Amendments reported printed

  27. Amendments ordered printed; referred for engrossment

  28. Reported out without recommendation, as amended

  29. Placed in the Committee of the Whole

  30. Referred to 14th Order for amendment

  31. Read second time; filed for Third Reading

  32. Reported out of Committee with Do Pass Recommendation; Filed for second reading

  33. Reported Printed; referred to Health & Welfare

  34. Introduced; read first time; referred to JR for Printing

Sponsors

  • STATE AFFAIRS COMMITTEE · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 104 not signed on · 9 voted No

Sponsors (1)

  • STATE AFFAIRS COMMITTEE

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Rules Suspended (2/3 Vote Read in full as required) – Read third time as amended in the House –

Passed 19 Yea · 16 Nay
Party YeaNayPresentNot Voting
Republican 7300
Unaffiliated 121200
Democrat 0100
Total 191600
% of votes cast 54%46%0%0%
How each member voted (35)
Member Party Vote
Bayer — Yea
Patrick — Yea
Harris — Nay
Jordan — Nay
McCoy — Nay
Mosman — Nay
Agenbroad — Nay
Bair — Yea
Brackett — Nay
Cheatham — Yea
Crabtree — Yea
Heider — Nay
Lee — Nay
Lodge — Yea
Martin — Nay
Mortimer — Yea
Nelson — Nay
Nye — Nay
Rice — Yea
Souza — Yea
Stennett — Nay
Thayn — Yea
Vick — Yea
Winder — Yea
Janie Ward-Engelking Democrat Nay
C. Scott Grow Republican Yea
Dave Lent Republican Yea
James W. “Jim” Woodward Republican Nay
Jim Guthrie Republican Nay
Kelly Arthur Anthon Republican Yea
Lori Den Hartog Republican Yea
Marco Adam Erickson Republican Yea
Tanya Burgoyne Republican Nay
Todd M. Lakey Republican Yea
Van T. Burtenshaw Republican Yea

Official roll call →

Rules Suspended: Ayes 53 Nays 7 Abs/Excd 10, read in full as required –

Passed 49 Yea · 20 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 301500
Democrat 1500
Republican 18001
Total 492001
% of votes cast 70%29%0%1%
How each member voted (70)
Member Party Vote
Anderson — Yea
Andrus — Yea
Clow — Yea
Dayley — Yea
DeMordaunt — Yea
Harris — Yea
Hartgen — Yea
Stevenson — Yea
Syme — Yea
Mr. Speaker — Yea
Chew — Nay
Davis — Nay
Erpelding — Nay
Smith — Nay
Wood — Nay
Abernathy — Nay
Addis — Yea
Amador — Yea
Anderst — Yea
Armstrong — Yea
Blanksma — Yea
Chaney — Yea
Christensen — Yea
Collins — Yea
Dixon — Yea
Ellis — Nay
Gestrin — Yea
Gibbs — Yea
Giddings — Yea
Goesling — Nay
Horman — Yea
Kauffman — Yea
Kerby — Yea
Kingsley — Nay
Lickley — Nay
Marshall — Yea
Mason — Nay
McCrostie — Nay
Moon — Yea
Toone — Nay
Troy — Nay
Wagoner — Nay
Young — Yea
Youngblood — Yea
Zollinger — Yea
Brooke Green Democrat Yea
Brooke Green Democrat Nay
Ilana Rubel Democrat Nay
John Gannon Democrat Nay
Melissa Wintrow Democrat Nay
Steve Berch Democrat Nay
Barbara Ehardt Republican Yea
Brent Crane Republican Yea
Britt Raybould Republican Yea
Charlie Shepherd Republican Not Voting
Christy Zito Republican Yea
Doug Ricks Republican Yea
Heather Scott Republican Yea
James Holtzclaw Republican Yea
Jason A. Monks Republican Yea
Jerald Raymond Republican Yea
Joe A. Palmer Republican Yea
John Vander Woude Republican Yea
Judy Boyle Republican Yea
Mike Moyle Republican Yea
Rod Furniss Republican Yea
Ron Mendive Republican Yea
Tammy Nichols Republican Yea
Tony Wisniewski Republican Yea
Vito Barbieri Republican Yea

Official roll call →

Rules Suspended (2/3 Vote Read in full as required) – Read third time in full as amended –

Passed 20 Yea · 15 Nay
Party YeaNayPresentNot Voting
Republican 7300
Unaffiliated 131100
Democrat 0100
Total 201500
% of votes cast 57%43%0%0%
How each member voted (35)
Member Party Vote
Bayer — Yea
Harris — Yea
Patrick — Yea
Jordan — Nay
McCoy — Nay
Mosman — Nay
Agenbroad — Nay
Bair — Yea
Brackett — Nay
Cheatham — Yea
Crabtree — Nay
Heider — Yea
Lee — Nay
Lodge — Yea
Martin — Nay
Mortimer — Yea
Nelson — Nay
Nye — Nay
Rice — Yea
Souza — Yea
Stennett — Nay
Thayn — Yea
Vick — Yea
Winder — Yea
Janie Ward-Engelking Democrat Nay
C. Scott Grow Republican Yea
Dave Lent Republican Yea
James W. “Jim” Woodward Republican Nay
Jim Guthrie Republican Nay
Kelly Arthur Anthon Republican Yea
Lori Den Hartog Republican Yea
Tanya Burgoyne Republican Nay
Ted Hill Republican Yea
Todd M. Lakey Republican Yea
Van T. Burtenshaw Republican Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

Who sponsors S 1204?
S 1204 is sponsored by STATE AFFAIRS COMMITTEE.
What is the current status of S 1204?
This bill has been enacted into law. Introduced March 20, 2019. Enacted.
Where can I track S 1204?
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