Idaho Code
Chapter 2 - PUBLIC ASSISTANCE LAW
Section 56-264 - RULEMAKING AUTHORITY.

56-264. RULEMAKING AUTHORITY. In addition to the rulemaking authority granted to the department in this chapter and elsewhere in Idaho Code regarding the medicaid program and notwithstanding any other Idaho law to the contrary, the department shall have the authority to promulgate rules regarding:
(1) Medical services to:
(a) Change the primary case management paid to providers to a tiered payment based on the health needs of the populations that are managed. A lower payment is to be made for healthier populations and a higher payment is to be made for individuals with special needs, disabilities or are otherwise at risk. An incentive payment is to be provided to practices that provide extended hours beyond the normal business hours that help reduce unnecessary higher-cost emergency care;
(b) Provide that a healthy connections referral is no longer required for urgent care as an alternative to higher cost but unnecessary emergency services; and
(c) Eliminate payment for collateral contact;
(2) Mental health services to:
(a) Eliminate administrative requirements for a functional and intake assessment and add a comprehensive diagnostic assessment addendum;
(b) Restrict duplicative skill training from being provided by a mental health provider when the individual has chosen to receive skill training from a developmental disability provider. Mental health providers may not provide training for skills included in the individual’s developmental disability plan, but may provide services related to the individual’s mental illness that require specialized expertise of mental health professionals, such as management of mental health symptoms, teaching coping skills related to mental health diagnosis, assisting with psychiatric medical appointments and educating individuals about their diagnosis and treatment;
(c) Increase the criteria for accessing the partial care benefit and restrict to those individuals who have a diagnosis of serious and persistent mental illness;
(d) Eliminate the requirement for new annual plans; and
(e) Direct the department to develop an effective management tool for psychosocial rehabilitation services;
(3) In-home care services to:
(a) Eliminate personal care service coordination; and
(b) Restrict duplicative nursing services from a home health agency when nursing services are being provided through the aged and disabled waiver;
(4) Vision services to:
(a) Align coverage requirements for contact lenses with commercial insurers and other state medicaid programs; and
(b) Limit coverage for adults based on chronic care criteria;
(5) Audiology services to eliminate audiology benefits for adults;
(6) Developmental disability services to:
(a) Eliminate payment for collateral contact;
(b) Eliminate supportive counseling benefit;
(c) Reduce annual assessment hours from twelve (12) to four (4) hours and exclude psychological and neuropsychological testing services within these limits;
(d) Reduce plan development payment from twelve (12) to six (6) hours and reduce requirements related to adult developmental disabilities plan development;
(e) Restrict duplicative skill training from being provided by a developmental disabilities provider when an individual has chosen to receive skill training from his mental health provider. The individual may receive skill development services from a developmental disability provider only for skills that are not addressed by the mental health service provider’s plan and that relate directly to the individual’s developmental disability, such as skills related to activities of daily living and functional independence;
(f) Implement changes to certified family homes pursuant to chapter 35, title 39, Idaho Code, to:
(i) Create approval criteria and process for approving new certified family homes;
(ii) Recertify current certified family homes; and
(iii) Develop applicant and licensing fees to cover certifying and recertifying costs; and
(7) Institutional care services to discharge individuals from institutional settings where such services are no longer necessary.

History:
[56-264, added 2011, ch. 164, sec. 15, p. 473; am. 2012, ch. 107, sec. 12, p. 295; am. 2012, ch. 190, sec. 2, p. 513.]

Structure Idaho Code

Idaho Code

Title 56 - PUBLIC ASSISTANCE AND WELFARE

Chapter 2 - PUBLIC ASSISTANCE LAW

Section 56-201 - DEFINITIONS.

Section 56-202 - DUTIES OF DIRECTOR OF STATE DEPARTMENT OF HEALTH AND WELFARE.

Section 56-203 - POWERS OF STATE DEPARTMENT.

Section 56-203A - AUTHORITY OF DEPARTMENT TO ENFORCE CHILD SUPPORT — SUPPORT ENFORCEMENT SERVICES.

Section 56-203B - PAYMENT OF PUBLIC ASSISTANCE FOR CHILD CONSTITUTES DEBT TO DEPARTMENT BY PARENTS — LIMITATIONS — DEPARTMENT SUBROGATED TO RIGHTS.

Section 56-203C - POWERS OF DEPARTMENT.

Section 56-203D - SET-OFF PROCEDURE FOR CHILD SUPPORT DEBT.

Section 56-203E - LOTTERY PRIZE SET-OFF PROCEDURE FOR SUPPORT DEBT.

Section 56-203F - REGISTRATION OF FOREIGN SUPPORT ORDERS.

Section 56-204A - SERVICES FOR CHILDREN.

Section 56-204B - TEMPORARY SHELTER CARE.

Section 56-205 - ISSUANCE OF SNAP BENEFITS.

Section 56-206 - GENERAL ASSISTANCE.

Section 56-207 - OLD-AGE ASSISTANCE.

Section 56-208 - AID TO THE BLIND.

Section 56-209 - ASSISTANCE TO FAMILIES WITH CHILDREN.

Section 56-209a - AID TO THE DISABLED.

Section 56-209b - MEDICAL ASSISTANCE — MEDICAL ASSISTANCE ACCOUNT.

Section 56-209c - DENIAL OF PAYMENT FOR ABORTIONS UNDER CERTAIN CONDITIONS.

Section 56-209d - MEDICAL ASSISTANCE PROGRAM — SERVICES TO BE PROVIDED — EXPERIMENTAL SERVICES OR PROCEDURES EXCLUDED.

Section 56-209e - ELIGIBILITY OF MARRIED COUPLES FOR MEDICAL ASSISTANCE UNDER THE MEDICAID PROGRAM.

Section 56-209f - STATE FINANCIAL ASSISTANCE PROGRAM FOR MEDICALLY INDIGENT RESIDENTS.

Section 56-209g - PHARMACY REIMBURSEMENT.

Section 56-209h - ADMINISTRATIVE REMEDIES.

Section 56-209i - LEGISLATIVE FINDINGS.

Section 56-209j - SUBSTANCE ABUSE SCREENING AND TESTING PROGRAMS.

Section 56-209k - CHILDREN.

Section 56-209l - TREATMENT PROVISIONS.

Section 56-209n - MEDICAID FOR WORKERS WITH DISABILITIES.

Section 56-209o - FAILURE TO RETAIN RECORDS.

Section 56-209p - PAYMENT FOR MIDWIFE SERVICES.

Section 56-210 - AMOUNT OF ASSISTANCE.

Section 56-211 - APPLICATION FOR PUBLIC ASSISTANCE — VERIFICATION FOR FEDERAL FOOD STAMP PROGRAM.

Section 56-212 - INVESTIGATION OF APPLICATION.

Section 56-213 - EXAMINATION TO DETERMINE BLINDNESS.

Section 56-214 - AWARD OF PUBLIC ASSISTANCE — INELIGIBILITY UPON TRANSFER OF PROPERTY.

Section 56-214A - AWARD OF PUBLIC ASSISTANCE — RECIPIENT’S RIGHT OF FREE CHOICE.

Section 56-215 - REDETERMINATION OF AWARDS.

Section 56-216 - APPEAL AND FAIR HEARING.

Section 56-217 - COOPERATIVE AGREEMENTS.

Section 56-218 - RECOVERY OF CERTAIN MEDICAL ASSISTANCE.

Section 56-218A - MEDICAL ASSISTANCE LIENS DURING LIFE OF RECIPIENT.

Section 56-219 - PAYMENT FOR INCOMPETENT RECIPIENT — APPOINTMENT OF GUARDIAN FOR PUBLIC ASSISTANCE.

Section 56-220 - PAYMENT ON DEATH OF RECIPIENT — APPOINTMENT OF ADMINISTRATOR OF PUBLIC ASSISTANCE.

Section 56-221 - CONFIDENTIAL CHARACTER OF PUBLIC ASSISTANCE RECORDS.

Section 56-222 - MISUSE OF PUBLIC ASSISTANCE LISTS AND RECORDS.

Section 56-223 - PUBLIC ASSISTANCE NOT ASSIGNABLE.

Section 56-224 - RECOVERY.

Section 56-225 - REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE OF REAL PROPERTY — RULEMAKING.

Section 56-226 - MEDICAID FRAUD CONTROL UNIT.

Section 56-227 - FRAUDULENT ACTS — PENALTY.

Section 56-227A - PROVIDER FRAUD — CRIMINAL PENALTY.

Section 56-227B - PROVIDER FRAUD — DAMAGES.

Section 56-227C - SUBPOENA POWER.

Section 56-227D - FEDERAL FOOD STAMPS, ALSO KNOWN AS SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM — UNAUTHORIZED USE — EXCEPTION — DEFINITION.

Section 56-227E - OBSTRUCTION OF INVESTIGATION.

Section 56-227F - PUBLIC ASSISTANCE BENEFIT CARDS — PROHIBITED USES.

Section 56-228 - LIMITATIONS OF ACT.

Section 56-229 - SEPARABILITY.

Section 56-230 - SHORT TITLE.

Section 56-231 - PUBLIC ASSISTANCE IN LOCATING AND DETERMINING THE FINANCIAL RESOURCES OF PARENTS AND OTHER PERSONS LIABLE FOR SUPPORT OF DEPENDENTS.

Section 56-232 - MEDICAL ASSISTANCE PROGRAMS — CONTRACTS WITH INDEPENDENT AGENCIES FOR ADMINISTRATION OF PROGRAMS.

Section 56-233 - PROCEDURE FOR DISBURSEMENT OF FUNDS TO RECIPIENTS.

Section 56-234 - LEGISLATIVE INTENT.

Section 56-234A - DEFINITIONS.

Section 56-235 - SOUTHWEST IDAHO TREATMENT CENTER.

Section 56-235A - PROHIBITIONS, RESTRICTIONS AND LIMITATIONS ON ADMISSION.

Section 56-235B - DISCHARGE PLANNING — AUTHORIZATION TO DISCHARGE.

Section 56-235C - NOTICE OF DISCHARGE — REQUEST FOR HEARING.

Section 56-235D - APPEALS.

Section 56-235E - RULEMAKING AUTHORITY.

Section 56-238 - DEFINITIONS.

Section 56-239 - CHIP PLAN B.

Section 56-250 - SHORT TITLE.

Section 56-251 - LEGISLATIVE INTENT.

Section 56-252 - DEFINITIONS.

Section 56-253 - POWERS AND DUTIES OF THE DIRECTOR.

Section 56-254 - ELIGIBILITY FOR MEDICAL ASSISTANCE.

Section 56-255 - MEDICAL ASSISTANCE PROGRAM — SERVICES TO BE PROVIDED.

Section 56-256 - PREVENTIVE HEALTH ASSISTANCE.

Section 56-257 - COPAYMENTS.

Section 56-260 - SHORT TITLE.

Section 56-261 - LEGISLATIVE FINDINGS AND INTENT.

Section 56-262 - DEFINITIONS.

Section 56-263 - MEDICAID MANAGED CARE PLAN.

Section 56-264 - RULEMAKING AUTHORITY.

Section 56-265 - PROVIDER PAYMENT.

Section 56-266 - AUTHORIZATION TO OBTAIN FEDERAL APPROVAL.

Section 56-267 - MEDICAID ELIGIBILITY EXPANSION.

Section 56-268 - SUPPLEMENTAL MEDICAID REIMBURSEMENT FOR GROUND EMERGENCY MEDICAL TRANSPORTATION.