id-16-0313-2501: Consumer-Directed Services (Chapter Repeal)

Dear Senators VANORDEN, Bjerke, Wintrow, and Representatives VANDER WOUDE, Erickson, Rubel: The Legislative Services Office, Research and Legislation, has received the enclosed rules of the Department of Health and Welfare: IDAPA 16.03.13 - Consumer-Directed Services (Chapter Repeal)-Proposed Rule (Docket No. 16-0313-2501). Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative Services. The final date to call a meeting on the enclosed rules is no later than 10/23/2025. If a meeting is called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a meeting on the enclosed rules is 11/20/2025. The germane joint subcommittee may request a statement of economic impact with respect to a proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement, and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has been held. To notify Research and Legislation, call 334-4854, or send a written request to the address on the memorandum attached below. Page 1 of 1 Terri Kondeff Director MEMORANDUM TO: Rules Review Subcommittee of the Senate Health & Welfare Committee and the House Health & Welfare Committee FROM: Legislative Drafter - Kyle Slominski DATE: October 06, 2025 SUBJECT: Department of Health and Welfare IDAPA 16.03.13 - Consumer-Directed Services (Chapter Repeal)-Proposed Rule (Docket No. 16-0313- 2501) Summary and Stated Reasons for the Rule Idaho Department of Health and Welfare submits notice of proposed rulemaking for consumer-directed services, IDAPA 16.03.13. The Department states that the proposed rulemaking is in response to House Bill 345, which was passed during the 2025 legislative session, and will repeal the chapter and consolidate it into the chapter on Medicaid, IDAPA 16.03.26. Negotiated Rulemaking / Fiscal Impact The Department states that negotiated rulemaking was not conducted since there was insufficient time for such procedure following the passage of HB 345. The Department states there will not be an impact to the general fund greater than $10,000. Statutory Authority TheDepartmentappearstohavetheauthoritytopromulgatethisrulepursuanttosections56-202, 56-203, 56-250 through 56-257, and 56-260 through 56-266, Idaho Code. cc: Department of Health and Welfare Jared Larsen *** PLEASE NOTE *** Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla- tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety; 2) Reject the docket in its entirety; or 3) Reject the docket in part. Paul Headlee, Deputy DirecMatt Drake, Manager Keith Bybee, ManagerApril Renfro, Manager Norma Clark, Manager Legislative Services OffResearch & Legislation Budget & Policy AnalLegislative AuditsInformation Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 legislature.idaho.gov IDAPA 16 – DEPARTMENT OF HEALTH AND WELFARE 16.03.13 – CONSUMER-DIRECTED SERVICES DOCKET NO. 16-0313-2501 (CHAPTER REPEAL) NOTICE OF RULEMAKING – PROPOSED RULE AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has initiated proposed rulemaking procedures. The action is authorized pursuant to Section 56-202, Idaho Code, and Sections 56-203, 56-250 through 56-257, and 56-260 through 56-266, Idaho Code. PUBLIC HEARING SCHEDULE:A public hearing concerning this rulemaking will be held as follows: VIRTUALTELECONFERENCE Via WebEx Wednesday, September 17, 2025 1:00 PM (MT) Join from the meeting link https://idhw.webex.com/idhw/j.php?MTID=m783dd6ad225883ef0ce90968fcf16cee Join by meeting number Meeting number (access code): 2818 917 5847 Meeting password: JebRQNsa767 Meeting password when dialing from a phone or video system: 53277672 Join by phone +1-415-527-5035 United States Toll +1-303-498-7536 United States Toll (Denver) 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. DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: When HB345 was passed during the 2025 Legislative Session, Medicaid chapter 16.03.13 was inadvertently left out of the rule repeal section. To prevent the existence of one chapter for all of Medicaid, and then a separate independent chapter, this chapter is being repealed and consolidated into the overall Medicaid chapter 16.03.26. FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: Fees will not be increased by the elimination of this chapter. FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state General Fund greater than ten thousand dollars ($10,000) during the fiscal year resulting from this rulemaking: There will not be an impact to the General Fund greater than $10,000. NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated rulemaking was not conducted because there was not sufficient time for negotiated rulemaking after passage of HB345 during the 2025 Legislative Session. IdahoAdministrative Bulletin Page 15 September 3, 2025 – Vol. 25-9 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0313-2501 Consumer-Directed Services Proposed Rulemaking INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief synopsis of why the materials cited are being incorporated by reference into this rule: N/A. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Jared Larsen at 208-334-5500. Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before September 24, 2025. DATED this 20th day ofAugust, 2025. Jared Larsen Chief, Legislative and RegulatoryAffairs Idaho Department of Health & Welfare 450 W. State Street, 10th Floor P.O. Box 83720 Boise, ID 83720-0036 (208) 334-5500 phone; (208) 334-6558 fax DHWRules@dhw.idaho.gov IDAPA16.03.13 IS PROPOSED TO BE REPEALED IN ITS ENTIRETY. IdahoAdministrative Bulletin Page 16 September 3, 2025 – Vol. 25-9