id-16-0417-2501: Residential Habilitation Agencies (ZBR Chapter Rewrite)

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 16.04.17 - Residential Habilitation Agencies (ZBR Chapter Rewrite)-Proposed Rule (Docket No. 16-0417-2501). 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 08/11/2025. 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 09/08/2025. 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: July 24, 2025 SUBJECT: Department of Health and Welfare IDAPA 16.04.17 - Residential Habilitation Agencies (ZBR Chapter Rewrite)-Proposed Rule (Docket No. 16-0417-2501) Summary and Stated Reasons for the Rule The Idaho Department of Health and Welfare submits notice of proposed rulemaking for residential ha- bilitation agencies, IDAPA 16.04.17. The Department states that this IDAPA chapter is proposed to be repealed andconsolidatedintoDocketNo. 16-0321-2501,IDAPA16.03.21(DevelopmentalDisabilitiesAgencies). The Department also states that consolidating these two chapters will assist the Department and providers with ef- ficiency and consistency while reducing regulatory burden and ensure the health and safety of the vulnerable individuals these organizations serve. Negotiated Rulemaking / Fiscal Impact The Department states that negotiated rulemaking was conducted and that notice was published in the April 2, 2025, Administrative Bulletin, Volume 25-4, pages 27-28. The Department also states that there is no anticipated negative fiscal impact to the general fund. Statutory Authority TheDepartmentappearstohaveauthoritytopromulgatethisrulepursuanttosection56-202, IdahoCode. cc: Department of Health and Welfare Adam Jones *** 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 DirectMatt Drake, Manager Keith Bybee, ManagerApril Renfro, Manager Norma Clark, Manager Legislative Services OffResearch & Legislation Budget & Policy AnalysLegislative 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 16.04.17 – RESIDENTIAL HABILITATION AGENCIES DOCKET NO. 16-0417-2501 (ZBR 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(s) 56-202, Idaho Code. PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, not later than June 18th, 2025. 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: This chapter is proposed to be repealed and consolidated into Docket No. 16-0321-2501. Consolidating these two chapters will assist the Department and providers with efficiency and consistency while reducing regulatory burden and ensure the health and safety of the vulnerable individuals these organizations serve. This chapter includes requirements for Adult Residential Care Facilities that provides residential services to adult individuals with developmental disabilities. FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: Fees will not be increased as a result of this rulemaking. 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 as a result of this rulemaking: There is not anticipated to be a negative fiscal impact exceeding $10,000. NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(1), Idaho Code, negotiated rulemaking was conducted. The Notice of Intent to Promulgate Rules - Negotiated Rulemaking was published in the April 2nd, 2025 IdahoAdministrative Bulletin, Volume 25-4, pages 27 and 28. 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 DHWRules@dhw.idaho.gov. 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 June 25th, 2025. DATED this 2nd day of May, 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 IDAPA16.04.17 IS PROPOSED TO BE REPEALED IN ITS ENTIRETY. IdahoAdministrative Bulletin Page 336 June 4, 2025 – Vol. 25-6