Idaho 67th Legislature, 1st Regular Session (2023) Status: Enacted

H 193 — HEALTH – Amends existing law to clarify provisions regarding essential caregivers and to require health care facilities to establish policies regarding certain visitation requests.

Last action — Reported Signed by Governor on April 4, 2023 Session Law Chapter 300 Effective: 07/01/2023

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

This bill has been enacted into law. Introduced February 22, 2023. Enacted.

Signed by Governor Brad Little (Republican) on April 06, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • 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.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

53 added · 96 removed

53 line(s) added, 96 removed.

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193 BY HEALTH AND WELFARE COMMITTEE AN ACT RELATING TO ESSENTIAL CAREGIVERS;
193, As Amended in the Senate BY HEALTH AND WELFARE COMMITTEE AN ACT RELATING TO ESSENTIAL CAREGIVERS;
AMENDING CHAPTER 97, TITLE 39, IDAHO CODE, AS ENACTED BY SECTION 1, CHAPTER 134, LAWS OF 2022, TO REDESIGNATE THE CHAPTER, TO REVISE DEFINITIONS, TO PROVIDE LEGISLATIVE FINDINGS, TO PROVIDE FOR STATUTORY CONSTRUCTION, TO REVISE AND CLARIFY PROVISIONS REGARDING THE RIGHT TO ESSENTIAL CAREGIVERS, AND TO PROVIDE FOR A CER- TAIN POLICY AND TRAINING;
AMENDING CHAPTER 97, TITLE 39, IDAHO CODE, AS ENACTED BY SECTION 1, CHAPTER 134, LAWS OF 2022, TO REDESIGNATE THE CHAPTER, TO REVISE DEFINITIONS, TO REVISE AND CLARIFY PROVISIONS RE- GARDING THE RIGHT TO ESSENTIAL CAREGIVERS, AND TO PROVIDE FOR APPROVAL OF CERTAIN VISITATION REQUESTS;
AND DECLARING AN EMERGENCY.
AND DECLARING AN EMERGENCY AND PROVID- ING AN EFFECTIVE DATE.
(2) "Essential caregiver" means a patient's or resident's spouse, adult child, parent, guardian, conservator, or health care agent.
(2) "Essential caregiver" means a person or persons designated by a pa- tient or resident to visit the patient or resident in person at a facility.
The term "essential caregiver" also includes any person designated by a patient or resident to visit the patient or resident in person at a facility, provided that essential caregivers for patients or residents who are minors or in - capacitated shall be designated by a person with legal authority to make decisions on behalf of the patient or resident, such as a parent, guardian, or conservator.
A facility may not:
(a) Limit the number of essential caregivers for a patient or resident;
or (b) Define the term "essential caregiver" more narrowly than the term is defined in this section .
(5) "Patient" means a person receiving health care services at a facil- ity or considering health care services offered at a facility .
(5) "Patient" means a person receiving health care services at a facil- ity.
(6) "Resident" means a person receiving assistance at a facility or considering assistance at a facility .
(6) "Resident" means a person receiving assistance at a facility.
LEGISLATIVE FINDINGS AND INTENT.
LEGISLATIVE INTENT.
(1) The legislature finds that:
In enacting this chapter, it is the intent of the legislature to guarantee and protect the right of Idahoans to be visited by essential caregivers of their choosing when staying in a health care or assistance facility.
(a) Idahoans have a right to association, including a right to intimate association, under the constitutions of the United States and the state of Idaho;
(b) In recent years, the access of patients and residents in certain fa- cilities to their family, friends, advocates, clergy, and advisers has been severely curtailed;
(c) Credible research establishes that involuntary isolation has dele- terious effects on a person's health and well-being, and such effects can be severe and even deadly for persons already in a frail state of health;
and (d) No person should be required to surrender the ability to associate simply because the person needs care.
(2) In enacting this chapter, it is the intent of the legislature to guarantee and protect the right of Idahoans to be visited by essential care- givers of their choosing when staying in a health care or assistance facil- ity.
The provisions of this chapter should be broadly construed in the light most favorable to serving this intent.
However, the essential care- giver must follow safety and other protocols imposed by the facility, and a facility may place reasonable restrictions as to where and when the essen- tial caregiver may visit and the number of essential caregivers who may visit at the same time .
However, the essential care- giver must follow safety and other protocols imposed by the facility, and a facility may place reasonable restrictions as to where and when the essen- tial caregiver may visit and the number of essential caregivers who may visit at the same time.
(b) Explain to a patient or resident, if possible, that an essential caregiver may be any person and is not required to be a formal caregiver;
(b) Provide each patient or resident an opportunity to designate essen- tial caregivers;
(b) (c) Provide, if possible, each patient, or resident, or person with legal authority to act on behalf of a patient or resident an opportunity to designate essential caregivers;
and (c) Accommodate a patient's or resident's request to have essential caregivers visit within the limits prescribed by this section.
and (c) (d) Accommodate a patient's or resident's request to have essential caregivers visit within the limits prescribed by this section.
If the patient or resident is a minor or incapacitated, visitation requests must be approved by a person with legal authority to make decisions on behalf of the patient or resident, such as a parent, guardian, or con - servator.
If the patient or resident is a minor or incapacitated, visitation requests must be approved by a person with legal authority to make decisions on behalf of the patient or resident, such as a parent, guardian, or con - servator;
and (e) Allow visitation without a request by the patient or resident:
(i) By the patient's or resident's parent or guardian, if the pa- tient or resident is a minor;
or (ii) By a patient's or resident's spouse, adult child, parent, guardian, conservator, or health care agent if the patient or res- ident is unable to request visitation due to unconsciousness, in- capacitation, or lack of awareness.
(5) Each facility shall:
(a) Establish a policy to ensure that the facility's obligations to respect and enforce patient and resident rights under this chapter are satisfied;
and (b) Train facility personnel on the requirements of this chapter and the policy established pursuant to paragraph (a) of this subsection .
An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after passage and approval.
An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after July 1, 2023.
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Amendments

1 amendment

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Action History

  1. Reported Signed by Governor on April 4, 2023 Session Law Chapter 300 Effective: 07/01/2023

  2. Delivered to Governor at 10:35 a.m. on March 30, 2023

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

  4. Signed by President; returned to House

  5. Received from the House enrolled/signed by Speaker

  6. Reported Enrolled; Signed by Speaker; Transmitted to Senate

  7. Rules Suspended: Ayes 69 Nays 0 Abs/Excd 1, read in full as required – PASSED - 66-3-1AYES – Alfieri, Allgood, Andrus, Barbieri, Blanksma, Boyle, Bundy, Cannon, Cheatum, Chew, Clow, Cornilles, Crane(12), Crane(13), Dixon(1), Dixon(24), Durrant, Ehardt, Ehlers, Erickson, Furniss, Galaviz, Gallagher, Gannon, Garner, Green, Handy, Hawkins, Healey, Hill, Holtzclaw, Horman, Kingsley, Lambert, Lanting, Manwaring, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Necochea, Nelsen, Palmer, Petzke, Pickett, Price, Raybould, Raymond, Redman, Roberts, Rubel, Sauter, Scott, Shepherd, Skaug, Tanner, Vander Woude, Weber, Wheeler, Wisniewski, Wroten, Yamamoto, Young, Mr. SpeakerNAYS – Berch, Burns, MathiasAbsent – NashFloor Sponsor - YoungTitle apvd - to enrol

  8. Read first time as amended in Senate; Filed for Second Reading

  9. Reported Engrossed; Filed for First Reading of Engrossed Bills

  10. Bills as Amended Referred to JRA for Engrossing

  11. House Concurred in Senate Amendments

  12. Returned from the Senate Amended; Held at Desk

  13. Read third time as amended in the Senate – PASSED - 34-0-1AYES – Adams, Anthon, Bernt, Bjerke, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Grow, Guthrie, Harris, Hart, Hartgen, Herndon, Jones(Rabe), Just, Lakey, Lee, Lenney, Lent, Nichols, Okuniewicz, Ruchti, Schroeder, Semmelroth, Taylor, Toews, Trakel, VanOrden, Ward-Engelking, Winder, Wintrow, ZuiderveldNAYS – NoneAbsent and excused – RicksFloor Sponsor - BjerkeTitle apvd - to House

  14. Read second time as amended in the Senate, filed for Third Reading

  15. Read first time as amended in the Senate; Filed for Second Reading

  16. Amendments reported printed

  17. Reported out as amended; filed for first reading

  18. Amendments ordered printed

  19. Placed in the Committee of the Whole

  20. Reported out of committee; to 14th Order for amendment

  21. Introduced, read first time; referred to: Health & Welfare

  22. Received from the House passed; filed for first reading

  23. Rules Suspended: Ayes 68 Nays 0 Abs/Excd 2, read in full as required – PASSED - 66-2-2AYES – Alfieri, Allgood, Andrus, Barbieri, Blanksma, Boyle, Bundy, Cannon, Cheatum, Chew, Clow, Cornilles, Crane(12), Crane(13), Dixon(1), Dixon(24), Durrant, Ehardt, Ehlers, Erickson, Furniss, Galaviz, Gallagher, Gannon, Garner, Handy, Hawkins, Healey, Hill, Holtzclaw, Horman, Kingsley, Lambert, Lanting, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nash, Necochea, Nelsen, Palmer, Petzke, Pickett, Price, Raybould, Raymond, Redman, Roberts, Rubel, Sauter, Scott, Shepherd, Skaug, Tanner, Vander Woude, Weber, Wheeler, Wisniewski, Wroten, Yamamoto, Young, Mr. SpeakerNAYS – Berch, BurnsAbsent – Green, ManwaringFloor Sponsor - YoungTitle apvd - to Senate

  24. Read second time; Filed for Third Reading

  25. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

  26. Reported Printed and Referred to Health & Welfare

  27. Introduced, read first time, referred to JRA for Printing

Sponsors

  • HEALTH AND WELFARE COMMITTEE · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 104 not signed on · 2 voted No

Sponsors (1)

  • HEALTH AND WELFARE 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: Ayes 69 Nays 0 Abs/Excd 1, read in full as required –

Passed 66 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 39000
Unaffiliated 23101
Democrat 4200
Total 66301
% of votes cast 94%4%0%1%
How each member voted (70)
Member Party Vote
Allgood — Yea
Andrus — Yea
Blanksma — Yea
Bundy — Yea
Chew — Yea
Clow — Yea
Crane — Yea
Crane — Yea
Dixon — Yea
Dixon — Yea
Durrant — Yea
Gallagher — Yea
Horman — Yea
Kingsley — Yea
Lambert — Yea
Lanting — Yea
Necochea — Yea
Roberts — Yea
Wroten — Yea
Yamamoto — Yea
Young — Yea
Mr. Speaker — Yea
Burns — Nay
Nash — Not Voting
Vander Woude — Yea
Brooke Green Democrat Yea
Chris Mathias Democrat Nay
Ilana Rubel Democrat Yea
John Gannon Democrat Yea
Soñia R. Galaviz Democrat Yea
Steve Berch Democrat Nay
Barbara Ehardt Republican Yea
Brandon Mitchell Republican Yea
Britt Raybould Republican Yea
Bruce D. Skaug Republican Yea
Charlie Shepherd Republican Yea
Clay Handy Republican Yea
Dale R. Hawkins Republican Yea
Dan Garner Republican Yea
David M. Cannon Republican Yea
Dori Healey Republican Yea
Douglas T. Pickett Republican Yea
Dustin Manwaring Republican Yea
Elaine Price Republican Yea
Heather Scott Republican Yea
Jack Nelsen Republican Yea
James Holtzclaw Republican Yea
James Petzke Republican Yea
Jason A. Monks Republican Yea
Jeff Ehlers Republican Yea
Jeff J. Cornilles Republican Yea
Jerald Raymond Republican Yea
Joe A. Palmer Republican Yea
Joe Alfieri Republican Yea
Jon O. Weber Republican Yea
Jordan Redman Republican Yea
Josh Tanner Republican Yea
Josh Wheeler Republican Yea
Judy Boyle Republican Yea
Lori Ann McCann Republican Yea
Marco Adam Erickson Republican Yea
Mark Sauter Republican Yea
Richard W. “Rick” Cheatum Republican Yea
Rod Furniss Republican Yea
Ron Mendive Republican Yea
Stephanie Jo Mickelsen Republican Yea
Steve Miller Republican Yea
Ted Hill Republican Yea
Tony Wisniewski Republican Yea
Vito Barbieri Republican Yea

Official roll call →

Read third time as amended in the Senate –

Passed 34 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 21001
Unaffiliated 8000
Democrat 5000
Total 34001
% of votes cast 97%0%0%3%
How each member voted (35)
Member Party Vote
Hartgen — Yea
Herndon — Yea
Jones — Yea
Just — Yea
Lee — Yea
Schroeder — Yea
Trakel — Yea
Winder — Yea
Carrie Semmelroth Democrat Yea
James D. Ruchti Democrat Yea
Janie Ward-Engelking Democrat Yea
Melissa Wintrow Democrat Yea
Ron C. Taylor Democrat Yea
Ben Adams Republican Yea
Ben Toews Republican Yea
Brian Lenney Republican Yea
C. Scott Grow Republican Yea
Carl J. Bjerke Republican Yea
Cindy J. Carlson Republican Yea
Daniel D. Foreman Republican Yea
Dave Lent Republican Yea
Doug Okuniewicz Republican Yea
Doug Ricks Republican Not Voting
Glenneda Zuiderveld Republican Yea
Jim Guthrie Republican Yea
Julie VanOrden Republican Yea
Kelly Arthur Anthon Republican Yea
Kevin Cook Republican Yea
Lori Den Hartog Republican Yea
Mark Harris Republican Yea
Phil Hart Republican Yea
Tammy Nichols Republican Yea
Todd M. Lakey Republican Yea
Treg A. Bernt Republican Yea
Van T. Burtenshaw Republican Yea

Official roll call →

Rules Suspended: Ayes 68 Nays 0 Abs/Excd 2, read in full as required –

Passed 66 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 38001
Unaffiliated 24100
Democrat 4101
Total 66202
% of votes cast 94%3%0%3%
How each member voted (70)
Member Party Vote
Allgood — Yea
Andrus — Yea
Blanksma — Yea
Bundy — Yea
Chew — Yea
Clow — Yea
Crane — Yea
Crane — Yea
Dixon — Yea
Dixon — Yea
Durrant — Yea
Gallagher — Yea
Horman — Yea
Kingsley — Yea
Lambert — Yea
Lanting — Yea
Nash — Yea
Necochea — Yea
Roberts — Yea
Wroten — Yea
Yamamoto — Yea
Young — Yea
Mr. Speaker — Yea
Burns — Nay
Vander Woude — Yea
Brooke Green Democrat Not Voting
Chris Mathias Democrat Yea
Ilana Rubel Democrat Yea
John Gannon Democrat Yea
Soñia R. Galaviz Democrat Yea
Steve Berch Democrat Nay
Barbara Ehardt Republican Yea
Brandon Mitchell Republican Yea
Britt Raybould Republican Yea
Bruce D. Skaug Republican Yea
Charlie Shepherd Republican Yea
Clay Handy Republican Yea
Dale R. Hawkins Republican Yea
Dan Garner Republican Yea
David M. Cannon Republican Yea
Dori Healey Republican Yea
Douglas T. Pickett Republican Yea
Dustin Manwaring Republican Not Voting
Elaine Price Republican Yea
Heather Scott Republican Yea
Jack Nelsen Republican Yea
James Holtzclaw Republican Yea
James Petzke Republican Yea
Jason A. Monks Republican Yea
Jeff Ehlers Republican Yea
Jeff J. Cornilles Republican Yea
Jerald Raymond Republican Yea
Joe A. Palmer Republican Yea
Joe Alfieri Republican Yea
Jon O. Weber Republican Yea
Jordan Redman Republican Yea
Josh Tanner Republican Yea
Josh Wheeler Republican Yea
Judy Boyle Republican Yea
Lori Ann McCann Republican Yea
Marco Adam Erickson Republican Yea
Mark Sauter Republican Yea
Richard W. “Rick” Cheatum Republican Yea
Rod Furniss Republican Yea
Ron Mendive Republican Yea
Stephanie Jo Mickelsen Republican Yea
Steve Miller Republican Yea
Ted Hill Republican Yea
Tony Wisniewski Republican Yea
Vito Barbieri Republican Yea

Official roll call →

Subjects

healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors H 193?
H 193 is sponsored by HEALTH AND WELFARE COMMITTEE.
What is the current status of H 193?
This bill has been enacted into law. Introduced February 22, 2023. Enacted.
Where can I track H 193?
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