id-16-0322-2601: Residential Assisted Living Facilities

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 16.03.22 - Residential Assisted Living Facilities-Temporary and Proposed Rule (Docket No. 16-0322-2601). 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 10/30/2026. 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 11/27/2026. 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 Drafting Attorney - Kyle Slominski DATE: October 13, 2026 SUBJECT: Department of Health and Welfare IDAPA 16.03.22 - Residential Assisted Living Facilities-Temporary and Proposed Rule (Docket No. 16-0322-2601) Summary and Stated Reasons for the Rule The Department of Health and Welfare submits notice of proposed rulemaking at IDAPA 16.03.22 - Res- idential Assisted Living Facilities (Docket No. 16-0322-2601). The Department states that the rulemaking is being undertaken to update Section 110.02 to eliminate a five hundred dollar ($500) building evaluation fee because a review of the rule indicated that the Department did not have clear statutory authority to charge the fee based on a 2025 amendment to Section 39-3340(3)(b), Idaho Code. Negotiated Rulemaking / Fiscal Impact The Department of Health and Welfare states that negotiated rulemaking was not conducted because the rulemaking eliminates a fee that has no statutory authority and no negotiation was necessary. Statutory Authority The proposed rule appears to be within the statutory authority granted to the Department of Health and Welfare pursuant to Sections 39-3305 and 39-3358, 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 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 16.03.22 – RESIDENTIAL ASSISTED LIVING FACILITIES DOCKET NO. 16-0322-2601 NOTICE OF RULEMAKING – TEMPORARY AND PROPOSED RULE GOVERNOR’S STATEMENT: An earlier effective date prior to legislative review is required in accordance with the provisions of Idaho Code Section 67-5226(2) because this rulemaking reduces a regulatory burden that would otherwise impact individuals or businesses.

Effective Date

The effective date of the temporary rule is July 1, 2026. AUTHORITY: In compliance with Idaho Code Sections 67-5221(1) and 67-5226 notice is hereby given that this agency has adopted a temporary rule and proposed regular rulemaking procedures have been initiated. The action is authorized pursuant to Sections 39-3305 and 39-3358, Idaho Code. PUBLIC HEARING SCHEDULE: Apublic hearing concerning this rulemaking will be held as follows: Tuesday, October 20, 2026 1:30 p.m. (MT) Join using the meeting link: https://teams.microsoft.com/meet/22145972287364?p=ES9Cc76TPcYYvqmCpk Meeting ID: 221 459 722 873 64 Passcode:Aw6kc2Ep Dial in by phone 1 972-454-4077 United States, Dallas Boise 1-208-609-5034 Phone conference ID: 447 013 552# 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 the required finding and concise statement of its supporting reasons for adopting a temporary rule and a nontechnical explanation of the substance and purpose of the proposed rulemaking: This rulemaking is being undertaken to update Section 110.02 to eliminate a $500 building evaluation fee because a review of the rule indicated that the Department does not have clear statutory authority to charge the fee based on a 2025 amendment to Section 39-3340(3)(b), Idaho Code. 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: Funds generated by the eliminated fee are under $10,000 per fiscal year. No negative impact to program operation or staffing is anticipated. NEGOTIATED RULEMAKING: Pursuant to Idaho Code Section 67-5220(2) negotiated rulemaking was not conducted because the rulemaking eliminates a fee that has no statutory authority and no negotiation was necessary. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the temporary and proposed rule, contact Estela Cabrera at DHWRules@dhw.idaho.gov or by phone at (208) 334-5500. IdahoAdministrative Bulletin Page 133 October 7, 2026 – Vol. 26-10 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0322-2601 Residential Assisted Living Facilities Temporary & Proposed Rule 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 October 28, 2026. DATED this 7th day of October, 2026. Jared Larsen Chief of Staff 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 THE FOLLOWING IS THE TEMPORARY RULEAND THE PROPOSED TEXT OF DOCKET NO. 16-0322-2601 (Only Those Sections WithAmendmentsAre Shown.) 16.03.22 – RESIDENTIAL ASSISTED LIVING FACILITIES 110. FACILITY LICENSEAPPLICATION.