Legislative Update Archives

Legislative Update – February 17, 2021

Despite social distancing and limited in person interaction the legislature is heading into the presumed midway point. They have printed over 500 pieces of legislation many dealing with continued ramifications of the pandemic. These include giving the legislature the authority to reconvene during a pandemic, clarifying the authority of health districts, limited liability immunity continuation for schools and businesses, spending of federal Covid dollars, several telehealth bills and absentee voting changes.

Health Care Related Legislation

HB 37 Nurse Discipline: The purpose of this legislative change is to address nursing license discipline scenarios involving criminal acts more effectively. Once a nurse enters a guilty plea, this legislation will allow the Board to take appropriate, immediate action on that license, instead of waiting many months, even years in some cases. This legislation is on the fast track. It has passed the house and Senate Health and Welfare Committee and is awaiting a vote on the Senate floor.

Note: this legislation is in direct response to an Idaho case where a nurse pled guilty to covering up evidence in a murder case.

HB 42 Medical Debt Collection Extension: For patients treated prior to July 1,2021 this legislation allows the provider to take extraordinary collection action without meeting the notification requirements. This legislation has passed the house and is on the senate third reading calendar.

HB 149 Limited Liability Immunity: This legislation extends to July 1, 2022 the law enacted during the 2020 special session that gives limited liability immunity to schools and businesses during the pandemic. This legislation is ready for a hearing in House Judiciary and Rules.

HB 179 Interstate Telehealth: This legislation, which is not supported by any health care provider associations, would allow health care providers in other states to practice in Idaho without a license. This bill is causing a lot of concern over public safety and the ability of the regulatory boards to investigate complaints. This legislation was printed in the House Business Committee but was referred to the House Health and Welfare Committee where it presumedly will NOT have a hearing.

SB 1126 Virtual Care Act: This legislation is the result of recommendations of the Idaho Department of Health and Welfare’s Telehealth Task Force in collaboration with other stakeholders from the health professions. It updates the Idaho Code Telehealth Care Act by changing the term “telehealth” to “virtual care,” and clarifies virtual care practice requirements. The bill expands the ability of Idaho citizens in rural and underserved areas to access health care from providers who are not physically present in a patient’s geographical area. The bill also establishes a virtual care advisory board to coordinate, plan, and conduct outreach to increase utilization of virtual care in Idaho. This bill is supported by several medical provider groups. This legislation is scheduled for a hearing in Senate Health and Welfare on February 24th.

SB 1127 Telehealth Technologies: This legislation eliminates the requirement for a “two-way audio or audio-visual interaction” to establish a valid provider-patient relationship for all telehealth encounters and instead allows providers licensed in Idaho to establish a provider-patient relationship with any available technology that is sufficient to evaluate or diagnose and appropriate to treat an Idaho patient. Idaho licensed providers continue to be held accountable to the community standard of care through their relevant regulatory board. This legislation will have a hearing soon in the Senate Health and Welfare Committee.

SB 1084 Licensure Review and Sunset: This legislation relating to occupational licensing reform and provides for the regular review of existing licensure requirements and regulations also known as a “sunset” review. The sunset process is intended to determine the appropriateness and necessary of existing regulation and provides a regular opportunity to reduce or eliminate unnecessary regulation. It provides the framework for the sunset review process and the criteria to be evaluated when determining whether existing regulations are still necessary and appropriate. This legislation is on the senate 2nd reading calendar.

SB 1093 PA practice in clinic settings: This legislation removes the one-on-one supervision requirement for PA’s when they are working in a licensed health care facility, a facility with a credentialing and privileging system, a physician-owned facility or practice, or another facility or practice allowed by this chapter. A physician assistant shall collaborate with, consult with, or refer to the appropriate member of the facility health care team as indicated by: the condition of the patient; the education, experience, and competence of the physician assistant; and the community standard of care. The degree and nature of collaboration shall be determined by the facility or practice in which the physician assistant works and shall be set forth in the facility bylaws or procedures for facilities that have credentialing and privileging systems or in a written collaborative practice agreement for all other facilities and practices. Such provisions may provide for collaborative oversight to be provided by the employer, group, hospital service, or the credentialing and privileging systems of a licensed facility, but at a minimum shall require a physician assistant to collaborate with one (1) or 7 more physicians licensed pursuant to this chapter. Such physicians need not be identified individually in the facility bylaws or procedures or collaborative practice agreement if more than one (1) physician works in the facility. This legislation is on the Senate 2nd reading calendar.

Note: This legislation has been negotiated with the Idaho Medical Association, the Board of Medicine and the State Licensing authority.

It is a pleasure to represent your association. If you have any questions or concerns do not hesitate to reach out.

Sincerely,

Kris Ellis

Governor’s State of the State – January 11, 2021

The legislature kicked off today with the Governor’s State of the State Address. It proposes a “no frills” budget that leaves a prudent surplus, bolsters rainy-day funds and continues his priority of supporting education. The following are the highlights:

  • TAX RELIEF: Governor Little proposes more than $450 million in tax relief, among the single largest tax cuts in Idaho history. His plan includes $295 million in one-time tax relief. He is also proposing $160 million in permanent tax cuts to boost Idahoans’ prosperity while keep our tax rates competitive and our business climate vibrant.
  • TRANSPORTATION: Governor Little proposes $126 million in state and local highway infrastructure projects to help preserve one of our citizens’ most precious commodities: their time. He proposes $80 million in new ongoing transportation funding because he said “we cannot ignore a growing problem that steals Idahoans’ time and threatens their safety and our economic prosperity. We must act now.”
  • EDUCATION: Governor Little proposes investments in literacy to close achievement gaps that widened for some students during the pandemic. His plan invests in higher education and career technical education training programs across Idaho.
  • SMALL BUSINESS: Governor Little proposes more support for small businesses in Idaho, on top of the $300 million in direct support for small businesses last year.

Legislative Leadership Agenda: Along with the Governor legislative leadership is working on property tax relief, grocery tax proposals, one time and permanent funding to improve transportation and maintaining a safe environment for legislators and the public during the session. However, they are expected to deviate from the Governor by the introduction of legislation that will trim the governor’s emergency powers and ensure the checks of balances of government is maintained during such emergency declarations. We also expect legislation that will prohibit unelected officials of health districts to make binding decisions on businesses and schools but will require elected county commissioners to vote on and implement such restrictions.

The technology at the capitol has been improved to allow for more off site viewing and even interaction with committees. I still plan on going to the capitol but will only stay for needed hearings and meetings.

Thank you for allowing me to represent the association. I will keep you posted as the session progresses.

Sincerely,

Kris Ellis

General Election update 2020

There were not any big surprises from the November 3rd general election, but the legislature will have several new members.

  • Two House incumbents were beaten-
    • In District 15 Jake Ellis (Dem) was beaten by Codi Galloway (Rep), and
      • In District 29 Dustin Manwaring (Rep) took back the seat he lost to Chris Abernathy in 2018 (Dem).
    • Other New House Members are-
    • Doug Okuniewicz, Dist. 2
    • Peter Riggs, Dist. 3
    • Brandon Mitchell, Dist. 5
    • Aaron Von Ehlinger, Dist. 6
    • Charlie Shepherd, Dist. 7
    • Julie Yamamoto, Dist. 10
    • Bruce Skaug, Dist. 12
    • Colin Nash, Dist 16
    • Chris Mathias, Dist. 19
    • Greg Ferch, Dist. 21
    • James Ruchti, Dist. 29
    • Dave Cannon, Dist. 30
    • Marco Ericksen, Dist. 33
    • Ron Nate, Dist. 34
    • Karey Hanks, Dist. 35
  • New Senators include:
    • Melissa Wintrow, Dist. 19 (previously a House member)
    • Christy Zito, Dist. 23 (previously a House member)
    • Kevin Cook, Dist. 30
    • Doug Ricks, Dist. 34(previously a House member)

Changes for committees

  • House Revenue and Taxation will have a new Chairman and Vice-Chair
  • Ways and Means will have a new Chairman
  • Senate Education will have a new Chairman
  • Senate Transportation will have a new Chairman. Senator Crabtree as the vice Chair is a probable new Chairman.
  • All committee members can change at the direction of leadership.

Majority and Minority Leadership

  • All members of the Majority party Senate leadership will change. Currently, I am only aware that Senator Winder is running to be the next ProTem, taking the place of Senator Hill. All other leadership members will either shift to a new position or there may be new members elected.
  • In the minority party, Senators Buckner-Webb and Jordan both retired leaving two vacancies.
  • Majority party House leadership may well stay the same
  • Minority Caucus Chair Elaine Smith retired leaving that seat open.

Legislative Session

  • Legislative leadership and committee assignments will all be determined during the organizational meeting in early December.
  • Speaker Bedke recently was asked what might happen for this legislative session, he responded they are considering starting the session, as required by law, on the second Monday in January then suspending the session until April to allow the pandemic time to subside. A radical option, but one they are considering.

2020-Special Session Report

The special session of the 56th legislature was anything but dull. Day 1 saw hundreds of protestors in a scuffle with police. A glass door was broken in the melee which subsided only after the Speaker allowed more people in the gallery if they behaved with decorum. On Day 2 protestors delayed a House Judiciary hearing for over 2 hours and saw a protestor arrested. Day 3 saw more protests and more arrests. Most of the protesters were advocating for an end to the Governor’s emergency declaration. When the session concluded after 9PM on Wednesday the emergency declaration remained in place, but the following actions had passed:

  • House Resolution 1: The resolution simply encourages the Governor to utilize all necessary options to procure enough poll workers for the November 2020 election; including using federal CARES Act funds to advertise, train, and provide financial incentives to poll workers.
  • HB 1: The legislation adds language ensuring voters always be provided the opportunity for in-person voting regardless of a state of emergency, extreme emergency, or disaster emergency. This bill has been signed by the Governor
  • HB 6: Immunity from civil liability was the most controversial issue of the special session. HB 6 was the last of several versions of a bill to give civil liability immunity to school districts, health care providers and facilities and other businesses. The legislation had many iterations, the result included the following details:
    • Civil liability immunity is given in all claims of exposure and transmission of coronavirus except those involving intentional torts.
    • No declaration of emergency is required by the Governor.
    • Good faith actions are not required (as a previous bills) instead it only revokes. immunity for “willful or reckless misconduct”.
    • Immunity is not given to the state government (except for higher ed).
    • Immunity is given to schools, cities, counties, churches, businesses, and individuals.
    • The legislation sunsets on 7/1/21, meaning the legislature will likely take up the issue again in January.

This legislation has been signed by the Governor and is now in effect.

  • SB 1: This legislation was requested by the County Clerks and gives them more flexibility with regards to the mailing and counting of absentee ballots. This legislation is on the Governor’s desk.

With the special session over and all legislators on the November ballot it is full campaign mode for the next two months.

Enjoy the remainder of summer.

Sincerely,

Kris

Click here to download HB 6 Limited Liability Immunity.pdf.

Summer Legislative Update – July 2020

Executive Orders

Governor Little has issued several executive orders in response to the Covid-19 pandemic. The latest executive order makes permanent all the rule and statute waivers that were granted previously. Permanent changes to the tele-health act move all disciplinary actions, potential prescribing limitations and any requirements for a previous provider patient relationship to the purview of the appropriate licensing board.

Board Restructuring

Governor Little has continued his efforts to streamline the licensing process for professionals. The latest changes create the Division of Professional and Professional Licenses. These will now be under three Departments; building and construction, occupational licensing and health professionals. The Health Profession group includes dentistry, medicine, nursing, veterinary medicine, optometry and podiatry. I do not anticipate these changes taking place till the end of the year or even 2021.

Liability Reform

The Idaho Liability Reform Coalition is intending to propose legislation in 2021 to address the liability concerns exacerbated by the pandemic. There have been many discussions with the Governor’s Office, legislators and concerned providers including long-term care facilities, hospitals and medical professionals. While there have been several requests for an executive order to protect providers from civil liability none of the lawyers involved believe this would be constitutional. The legislation will:

  1. protect those who are adopting new standards because of any emergency declaration
  2. protect essential businesses that can’t adapt to new standards, despite the emergency
  3. protect all people who make good faith decisions, as long as the actions are not reckless or intentional.

Special Session?

There is a possibility that there will be a special session in August. By law, the Governor can only call a special session to address a single topic. This could include the liability reform issue mentioned above, how the 2021 legislative session will be conducted or any election law changes that would be necessary. At this point a special session is only a small possibility.

2021 Legislative Session

The legislature has requested $1.24million to upgrade technology in the state capitol to allow for remote and socially distanced work, both during the interim and in the 2021 session. Options being discussed include splitting the House chamber into two locations, allowing remote voting and testimony or a hybrid of both. It is very unclear how they are going to allow for access by the public and lobbyists.

Hope you all are staying healthy.

Sincerely,

Kris

Sine Die Report

April 13, 2020

The 2nd regular session of the 65th legislative session ended on Friday March 20th. While all sessions end on a contentious note, the Covid-19 emergency certainly added another dimension of stress not previously seen. Even the vote to adjourn was close in the house; 32 for, 28 against. Those opposing the adjournment wanted to stay in case the Governor vetoed a bill. The legislature cannot attempt to override a veto if they have adjourned sine die. By law Governor Little has 10 days after the legislature goes home to sign a bill, veto a bill or let it go into effect without his signature. By April 1st the Governor had vetoed 6 pieces of legislation ranging from a bill that would shift transportation funding, to a bill dealing with the use of pesticides.

During the 75-day legislative session, 830 proposed pieces of legislation were prepared for legislative committees and individual legislators. From that initial group of draft proposals, 559 bills were introduced, along with another 70 resolutions, memorials and proclamations. By the end of the session, 347 bills had been passed. After final legislative action, and following the Governor’s review, 341 introduced bills became law, with the majority of the new laws to become effective July 1, 2020.

The big issues that did not see any changes were taxes. Proposals to eliminate the grocery tax, or to double the grocery tax credit failed. Likewise, proposals to address the soaring property taxes did not pass in the senate. There will be an interim committee to discuss the complicated property tax system and bring recommendations to the 2021 legislature. Like last year, there was an attempt to legalize the growing and transportation of Hemp, and like last year the proposal failed. Idaho is now one of only 2 states that do not allow the growing or transporting of Hemp.

Issues with statewide impact that did pass were a hands-free driving bill, funding of Medicaid expansion, increased pay for teachers and replenishing the rainy-day fund accounts to increased capacity.

Since the legislature has adjourned sine die, Governor Little has issued several proclamations and executive orders primarily in response to Covid-19. These include waiving both state and federal rules to allow for tele-health, delaying state tax payments to June 15th as well as moving the May primary election to a mail in ballot only election.

IASCA related bills:

Appropriations Budgets: The Joint Finance and Appropriations Committee (JFAC) voted and the Governor signed the appropriation bill to increase reimbursement rates for Ambulatory Surgical Centers effective July 1, 2020 as discussed with Medicaid. This is a great win!

HB 582 Willful and Reckless Misconduct: This legislation is coming from the Idaho Liability Reform Coalition and is to address the supreme court decision that ruled against a provider, partially because there was not a definition of willful and Reckless Misconduct in the liability limitation statute. The bill defines Willful and Reckless as: “conduct in which a person makes a conscious choice as to the person’s course of conduct under circumstances in which he person knows or should know that such conduct both creates an unreasonable risk of harm to another and involves a high probability that such harm will actually result”. This legislation has been signed by the Governor and will go into effect July 1st.

HB 515 Collections Requirements: This legislation has been dubbed the Patient Protection Act, and also the Frank VanderSloot Bill. It will require several actions to take place within a timeline in order for a provider or facility to be able to take a patient to collections. This bill has been reprinted to address the many concerns from providers and although it does, in my opinion, add significant bureaucracy to the process there clearly have been abuses of the system. There have been several patient examples of getting a bill for the first time over a year after discharge, and it includes a late fee and interest or even being sent to collections. This legislation has been signed by the Governor and will go into effect July 1st.

HB 342 Tele-health Legislation: This legislation has been introduced by Representative Blanksma. It will allow more options in tele-health but will still require providers to maintain the community standard of care. Therefore, if the standard of care for MDs is to only see patients face-to-face on the initial visit, HB 342 will have no impact on the practice. The bill also adds language that requires the provider to take appropriate steps to establish a provider-patient relationship using telehealth that is sufficient to conduct a patient evaluation and appropriate to diagnose and treat the patient. This legislation was amended slightly in the Senate signed by the Governor and will go into effect July 1st. https://legislature.idaho.gov/wpcontent/uploads/sessioninfo/2020/legislation/H0342.pdf

HB 392 Volunteer Provider Immunity: This legislation expands the list of providers who are exempt from civil litigation if they are providing professional services without compensation. HB 392 would also provide liability protection to a student working under the direct supervision of a licensed provider. This legislation been signed by the Governor and will go into effect July 1st.

https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2020/legislation/H0392.pdf

HB 616 replaced HB 436 Health Care Directive: This legislation transfers the Health Care Directive registry from the Secretary of State to the Department of Health and Welfare. There are currently 40,000 uses but there is no ability to provide information to those who need it, such as EMS. HB 436 died on the House floor but was reprinted as HB 616 that reduced the cost from $500,000 to $350,000 and removed the requirement that the Department of Health and Welfare market and promote the registry. This legislation has been signed by the Governor and will go into effect July 1st.

HB 443 Vaccine Discrimination: This legislation would prevent any person or company that contracts with the state (i.e. Medicaid) from discriminating against any person due to lack of a vaccine. There has been a lot of discussion in the hall on how this might pertain to an employee who chooses not to get a flu shot for example. Can you require them to wear a mask? This bill did not have a hearing.

SB 1348 Drug History Review: This legislation will require; prior to issuing to a patient a prescription for outpatient use for an opioid analgesic or benzodiazepine the prescriber or the prescriber’s delegate shall review the patient’s prescription drug history for the preceding 12 months from the prescription drug monitoring program and evaluate the data for indicators of prescription drug diversion or misuse. SB 1348 will apply to prescribing psychologists. This legislation has been signed by the Governor and will go into effect July 1st.

There will be a primary election in May. Fourteen legislators are not running again, including the Senate Protem, Chairman of the House Revenue and Taxation Committee, Chairman of the Senate Education Committee and long-time Chairman of the Senator Transportation Committee. The election will be by absentee ballot only for the first time in Idaho history.

In the mean- time thank you for the opportunity to work with you all this session and TAKE CARE!

Kris

March 6, 2020 – Legislative Update

The legislative session is running fast towards the endzone with floor sessions going long hours each day. The target end of session has been March 20th, however, the house just yesterday killed 2 appropriation bills so there is little chance they make the deadline. I do expect they will be done be the end of the month. The Joint Finance and Appropriations Committee (JFAC) finished setting budgets this morning, including the over $3 Billion Medicaid budget. JFAC also has approved a $2 million supplemental appropriation for coronavirus response within the current budget year; the money will come from the bill Congress recently passed, from which Idaho is expected to get about $4 million.

The referendum to implement Medicaid Expansion went into effect January 1st, and to date approximately 60,000 Idahoan’s have signed up. The legislature continues to struggle with the funding mechanism for the expansion ($100 Million). There is pending legislation to tap counties to help fund the state’s share of Medicaid expansion, end the County Medical Indigency Program as well as the State Catastrophic Health Care Fund program.

All legislative seats are up for re-election this fall. The window of time to file for office will end next Friday the 13th. There have been 10 legislators who have announced they will not be running again. There is typically a 10%-25% turnover in seats. This summer will be a good time to connect with current legislators and those who are running to educate them on the benefits of acupuncture for Idahoans.

I will have a sine report for IASCA when the legislature does adjourn, in the meantime,

Have a Happy Spring!

Kris

IASCA related bills:

Appropriations Budgets: The Joint Finance and Appropriations Committee (JFAC) voted to increase the reimbursement rates for Ambulatory Surgical Centers effective July 1, 2020 as discussed with Medicaid. This is a great win! Thank you to everyone that emailed your legislator.

HB 582 Willful and Reckless Misconduct: This legislation is coming from the Idaho Liability Reform Coalition and is to address the supreme court decision that ruled against a provider, partially because there was not a definition of willful and Reckless Misconduct in the liability limitation statute. The bill defines Willful and Reckless as: “conduct in which a person makes a conscious choice as to the person’s course of conduct under circumstances in which he person knows or should know that such conduct both creates an unreasonable risk of harm to another and involves a high probability that such harm will actually result”. This bill is coming late in the session but has passed the House Judiciary committee with a unanimous vote and will have a House floor vote next week.

HB 515 Collections Requirements: This legislation has been dubbed the Patient Protection Act, and also the Frank VanderSloot Bill. It will require several actions to take place within a timeline in order for a provider or facility to be able to take a patient to collections. This bill has been reprinted to address the many concerns from providers and although it does, in my opinion, add significant bureaucracy to the process there clearly have been abuses of the system. There have been several patient examples of getting a bill for the first time over a year after discharge, and it includes a late fee and interest or even being sent to collections. This legislation has passed the House and is on the Senate reading calendar for a vote next week.

HB 342 Tele-health Legislation: This legislation has been introduced by Representative Blanksma. It will allow more options in tele-health but will still require providers to maintain the community standard of care. Therefore, if the standard of care for MDs is to only see patients face-to-face on the initial visit, HB 342 will have no impact on the practice. The bill also adds language that requires the provider to take appropriate steps to establish a provider-patient relationship using telehealth that is sufficient to conduct a patient evaluation and appropriate to diagnose and treat the patient. This legislation was amended slightly in the Senate and is on its way to the Governor’s desk. https://legislature.idaho.gov/wpcontent/uploads/sessioninfo/2020/legislation/H0342.pdf

HB 392 Volunteer Provider Immunity: This legislation expands the list of providers who are exempt from civil litigation if they are providing professional services without compensation. NPs were already a part of this section, but HB 392 would also provide liability protection to a student working under the direct supervision of a licensed provider. This legislation has passed the house and Senate and is on its way to the Governor’s desk.

https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2020/legislation/H0392.pdf

HB 436 Health Care Directive: This legislation transfers the Health Care Directive registry from the Secretary of State to the Department of Health and Welfare. With a cost of $500,000 to put together a real-time accessible system it is greatly favored by those in health care but running into some issues with the conservative members of the legislature. After passing narrowly out of committee on a 5-4 vote the bill died on the House floor. There is conversation of new bill that still moves the Advanced Health Care Directive to the Department of Health and Welfare, but eliminates the funding for outreach and marketing.

HB 443 Vaccine Discrimination: This legislation would prevent any person or company that contracts with the state (i.e. Medicaid) from discriminating against any person due to lack of a vaccine. There has been a lot of discussion in the hall on how this might pertain to an employee who chooses not to get a flu shot for example. Can you require them to wear a mask? It does not appear this legislation will have a hearing.

HB 392 Provider Immunity: This legislation being brought by the IMA will greatly extend limited liability protection by adding any person licensed under title 54 who volunteer at free medical clinics and community health screening events. It also provides liability protection for students who are volunteering at these facilities so long as they are supervised by someone licensed under title 54. This bill has passed the House and Senate and is on its way to the Governor’s desk.

February 20, 2020 – Legislative Update

Tax bills dominated the conversations this legislative session. Two attempts to repeal the grocery tax failed Monday and another was withdrawn by its sponsor, leaving only one grocery tax relief bill pending in the Legislature. The bills differed in what they would still have taxed, but both bills would have repealed the state’s 6% sales tax on food bought in grocery stores and also repealed the tax credit Idaho residents can take to offset state taxes they pay for food bought in stores. That leaves Speaker Bedke’s bill that will increase the tax credit Idaho residents are allowed to recover on taxes paid when buying food. Visitors to the state cannot get the tax credit. Under the one surviving bill, the state’s grocery tax credit would jump by $15 for senior citizens and $35 for everyone else, to a maximum of $135. Meaning Idaho taxpayers could purchase on average $187.50 in groceries per month and recoup the 6% of taxes they paid. That adds up to $2,250 per family member annually.

Representative Moyle has introduced a bill to freeze property taxes for one year. Moyle opened the hearing by saying, “One of the things that made this country great was the ability to own land. … In today’s society, I don’t think we own our own property anymore.” He advised listeners to think about their property tax, and the fact that if they don’t pay it, the government will “come take it.”

“We’re almost serfs to the government — more money, more money, more money,” Moyle declared. He said, “If the Legislature does not act, the people will. … I am hoping that they don’t go down that road.”

Moyle said with a one-year freeze, he’s hoping an interim committee can look into longer-term solutions. The first day of testimony saw considerable opposition from Cities and Counties, but support from families. After 3 days of hearing the bill passed out of committee on party lines.

IASCA related bills:

Appropriations Budgets: The Joint Finance and Appropriations Committee (JFAC) began setting budgets on Friday. The Medicaid budget that may include the Governor’s recommendation of moving ASC reimbursement to 90% of Medicare is scheduled to be set on Wednesday the 26th. If you have not contacted members of JFAC do so immediately.

HB 515 Collections Requirements: This legislation has been dubbed the Patient Protection Act, and also the Frank VanderSloot Bill. It will require several actions to take place within a timeline in order for a provider or facility to be able to take a patient to collections. This bill has been reprinted to address the many concerns from providers and although it does, in my opinion, add significant bureaucracy to the process there clearly have been abuses of the system. There have been several patient examples of getting a bill for the first time over a year after discharge, and it includes a late fee and interest or even being sent to collections. One of these was to a legislator. There is a flow chart attached which is easier to follow than the legislation itself. At this time the Idaho Hospital Association is neutral on the bill.

HB 342 Tele-health Legislation: This legislation has been introduced by Representative Blanksma. It will allow more options in tele-health but will still require providers to maintain the community standard of care. Therefore, if the standard of care for MDs is to only see patients face-to-face on the initial visit, HB 342 will have no impact on the practice. The bill also adds language that requires the provider to take appropriate steps to establish a provider-patient relationship using telehealth that is sufficient to conduct a patient evaluation and appropriate to diagnose and treat the patient. This legislation passed the house, but to address some concerns of the Idaho Medical Association and the Idaho Dental Association it has been sent to the amending order in the Senate. https://legislature.idaho.gov/wpcontent/uploads/sessioninfo/2020/legislation/H0342.pdf

HB 392 Volunteer Provider Immunity: This legislation expands the list of providers who are exempt from civil litigation if they are providing professional services without compensation. NPs were already a part of this section, but HB 392 would also provide liability protection to a student working under the direct supervision of a licensed provider. This legislation has passed the house and Senate Health and Welfare Committee and will have a floor vote next week.

https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2020/legislation/H0392.pdf

HB 436 Health Care Directive: This legislation transfers the Health Care Directive registry from the Secretary of State to the Department of Health and Welfare. With a cost of $500,000 to put together a real-time accessible system it is greatly favored by those in health care but running into some issues with the conservative members of the legislature. It has not been scheduled for a hearing to date. This bill is scheduled for a house hearing this week.

HB 443 Vaccine Discrimination: This legislation would prevent any person or company that contracts with the state (i.e. Medicaid) from discriminating against any person due to lack of a vaccine. There has been a lot of discussion in the hall on how this might pertain to an employee who chooses not to get a flu shot for example. Can you require them to wear a mask? This bill has not been scheduled for a hearing to date.

We are a little past midway through the session, and it is busy.

If you have any questions, please let me know,

Kris Ellis

January 21, 2020 Legislative Update

Legislator Expelled

For the first time in history the Idaho House of Representatives expelled a legislator. Representative John Green from Rathdrum was found guilty of conspiracy to defraud the federal government in a tax-evasion case. According to the Idaho Constitution a convicted felon cannot serve in the legislature. The seat will remain vacant until the central committee submits three names to the Governor and the Governor selects one of the names on the list. Both the central committee and the Governor’s office have said they will work to expedite the process and get the seat filled as soon as possible.

Zero-Based Regulations Executive Order

Governor Little issued his first executive order of 2020, the aptly named Zero-Based Regulations Order. It institutionalizes the process Idaho underwent last year, where every regulation that agencies wanted to keep had to be justified, changing the burden of proof and combating bureaucratic inertia. Moving forward, every rule chapter in effect will be reviewed by the agency that promulgated the rule, according to a staggered, five-year schedule. For the balance of 2020 there is a moratorium on rule making unless the Division of Financial Management determines it meets strict and narrow criteria.

“It is the nature of government to grow and for increased regulations to creep into our lives,” Governor Little said. “My Zero-Based Regulation executive order is designed to prevent the accumulation of costly, ineffective, and outdated regulations over time.”

Appropriations Budget

The Joint Finance and Appropriations Committee will begin hearing the Department of Health and Welfare Budgets on January 30th, with the Medicaid budget hearing scheduled for February 10th. It is important that all members of the Joint Finance and Appropriations Committee hear from IASCA members prior to February 10th, encouraging them to support the Governor’s recommendation of changing the reimbursement for ASC’s to 90% of Medicare and the benefit this will bring to patients and the state.

Thank you for allowing me to be a part of this endeavor,

Kris Ellis

Information to communicate with your Legislators: Please have emails submitted by February 5th

Subject line: Please support the Governor’s recommendation to align ambulatory surgical centers services to 90% of Medicare.

his will improve access for Medicaid participants to this service site and avoid the need for procedures to be performed in more costly hospital settings. The request is estimated to be net-neutral to the General Fund because the rate increase for ACS providers will be offset with savings from hospital claims, which is why this is a $0 request. Rates for ACS services have not been adjusted since 2008.

Providers can tell their own stories of surgeries that are done in a hospital as the reimbursement is so low as to lose money.

JFAC Members
Senator Bair sbair@senate.idaho.gov Blackfoot
Senator Johnson djohnson@senate.idaho.gov Lewiston
Senator Lee alee@senate.idaho.gov Fruitland
Senator Agenbroad jagenbroad@senate.idaho.gov Nampa
Senator Crabtree ccrabtree@senate.idaho.gov Grangeville
Senator Grow sgrow@senate.idaho.gov Boise
Senator Burtenshaw vburtenshaw@senate.idaho.gov Tereton
Senator Woodward jwoodward@senate.idaho.gov Sandpoint
Representative Youngblood ryoungblood@house.idaho.gov Nampa
Representative Horman whorman@house.idaho.gov Idaho Falls
Representative Anderson nanderson@house.idaho.gov Blackfoot
Representative Amador pamador@house.idaho.gov CDA
Representative Kauffman ckauffman@house.idaho.gov Filer
Representative Raybould braybould@house.idaho.gov Rexburg
Representative Syme ssyme@house.idaho.gov Caldwell
Representative Troy ctroy@house.idaho.gov Genessee
Reprensetative Wintrow mwintrow@house.idaho.gov Boise
Representative Toone stoone@house.idaho.gov Gooing
Senator Ward-Engelking wardengelking@senate.idaho.gov Boise
Senator Nye mnye@senate.idaho.gov Pocatello

January 7, 2020 Legislative Update

Governor Brad Little kicked off the 2020 legislation session with his State of State Address on Monday. Highlights from the Governor’s speech included a strong emphasis on education, continued regulatory reform, grocery tax relief for Idaho families, responsible budgeting, investments in public safety and corrections, and making health care in Idaho more accessible and affordable for all Idahoans.

Specifics of the budget and policy highlights include:

EDUCATION: Increased funds for literacy and teacher salaries; teacher training to promote school safety; new career technical education facilities at community colleges; support for Idaho Job Corps at community colleges; and workforce development grants.

ZERO-BASED REGULATION: Required routine examination and streamlining of Idaho’s full administrative code moving forward; modernization of Idaho statutes; and simplifying licensure laws so individuals relocating to Idaho can start working in their profession more quickly and easily.

CONSERVATIVE BUDGET: Grocery tax relief for Idaho families; the Governor’s budget cuts spending, leaves a surplus, bolsters rainy-day funds, and limits true General Fund spending growth to a conservative 3.75-percent.

HEALTH AND HUMAN SERVICES: Medicaid Expansion fully funded with net-zero impact on General Fund; increased number of medical residents in Idaho to address shortage of physicians; new funds to combat opioid crisis; continued support of enhanced short-term plans for Idaho individuals and families priced out of the insurance market by Obamacare; and continued support of community recovery centers.

Governor Supports increase in ASC reimbursement. The Division of Medicaid requests authority to align rates for ambulatory surgical centers (ASC) services to 90% of Medicare rates. The change would improve access for Medicaid participants to this service site and avoid the need for procedures to be performed in more costly hospital settings.

The Governor has supported this line item in his budget, and we will be lobbying the members of JFAC to include this change in the Appropriations bill. The projected fiscal impact is net-neutral; while it seems, there should be a savings to the state, this is what they are projecting. Rates for ACS services have not been adjusted since 2008.

Agency Request Recommended by the Governor.

The session is off to a fast start with committee meetings scheduled and a sense of urgency to move the session along. I look forward to advocating for the Medicaid increase and seeing it to fruition.

If you have questions let me know,

Kris Ellis

November 2019 legislative update

Regulatory Update

In continuing the effort to reduce regulations and clean up outdated laws Governor Little will be proposing the elimination of 10 license types during the 2020 legislative session ranging from cemetarians and athletic agents to weighmasters and salespersons of used manufactured homes.

Medicaid Reimbursement Update

Earlier this year IASCA met with and presented information to the Department of Health and Welfare with the objective of getting Medicaid rates for ambulatory surgical centers increased. We believe the results of this effort are a recommendation from the Department to the Governor’s office to increase Medicaid rates to 90% of Medicare rates. The next step in the process is to convince the Governor’s office to give high priority to the increase in his budget recommendation that he will present in January.

Several IASCA members and I met with Alex Adams the Director of Financial Management for Governor Little and had an excellent conversation. While it will be a tight budget year, this is a cost savings to the state in the long run so I am optimistic it will be recommended by the Governor and the first step in improving Medicaid reimbursement.

Medicaid Expansion in Idaho

November 1, 2019 is the day open enrollment begins for 2020 health plans purchased through the Your Health Idaho state insurance exchange. It’s also when people can start enrolling in the new expanded Medicaid program. More than 100,000 Idahoans purchased private health insurance plans through Your Health Idaho last year, for coverage in 2019. The bulk of them received federal tax credits, which lowered their monthly premiums by an average of 80 percent; a quarter of the customers paid nothing for the insurance.

The Idaho Department of Health and Welfare estimates that more than 90,000 Idahoans will qualify for the expanded Medicaid program. That includes about 18,000 people who this year purchased private insurance through Your Health Idaho. Idaho did propose a waiver to CMS that would allow people in the 100 percent to 138 percent income range to keep their private insurance and continue to receive the federal tax credits. However, that waiver has been denied.

Medical Debt Collections

The CEO of Melaleuca, Frank VanderSloot is pitching a proposal to put limits on medical debt collections.

Specifically, VanderSloot is proposing legislation to put limits on attorneys’ fees in medical debt cases; to require health care providers to send out bills and notify patients of services rendered within 30 days; and to require, within another 30 days after that, that a hospital or other health care facility send a patient a consolidated notice containing the names and contact information of all health care providers that are billing them. VanderSloot, is a well-known Idaho businessman and conservative political donor who is reported to be the richest man in Idaho. He has been pushing the issue since this spring, and legislators may well take it up.

There are discussions taking place between the House and Senate leadership on how to address the enormous volume of rules that need to be voted on this year. This includes ALL existing rules. I am hopeful this will be iron out, so the rules debates don’t go into February.

Have a Happy Thanksgiving,

Kris

August 2019 Update

Rules Update

Even though the legislature is not in session it has been a very busy summer for state agencies. Governor Little signed the Red Tape Reduction Act, as his first executive order in 2019 requiring all agencies to review rules and namely: 1. Remove any terms from the rules that are already set forth in statute; 2. Reduce the use of “shall” to only absolutely necessary circumstances; 3. Reorganize and streamline the application process for all licensees and 4. Omit all language that is outdated or repetitive.

This has led to the elimination of 141 chapters of rules, 886 pages of rules and the elimination of 19,536 restrictions on licensees. Many more rules are being simplified and the Governor’s office is anticipating at the end of the year there will be a 55-60% reduction or simplification in Idaho rules. Governor Little has also streamlined the rules process and is making it a more transparent process.

State Budget Update

Last week, the Division of Financial Management said 2019-20 state revenues could come in $96 million below projections. This would slash the budget reserve lawmakers set aside this spring, leaving a cushion of about $51 million. As a result, Governor Little has urged state agencies to limit their 2020-21 budget requests and identify two or three items that could be cut. This could jeopardize the possibility of eliminating the sales tax on groceries, increasing teacher pay, and increasing transportation funding.

Medicaid Update

The Department of Health and Welfare has been submitting waivers to CMS for Medicaid expansion and an interim committee has been discussing how to pay for the expansion and specifically if the County Indigent Funds could be used to help pay for the expansion. Medicaid has received requests from several provider groups for an increase in reimbursement. This includes IASCA. We are working with Medicaid and the Governor’s office on this effort and to show the potential savings to the state when ambulatory surgical centers are an option for Medicaid patients.

More and more, the 2020 legislative session is shaping up as a battle over dollars that are in unexpectedly scarce supply. I will keep you posted on the fiscal position of the state as it becomes known as well as the Medicaid increase.

Enjoy the rest of the summer,

Kris

Legislative Update May 22, 2019

Agency Rules

When the legislature adjourned last month, they did not pass the typical omnibus bill that would reauthorize all state agency rules. While any newly promulgated agency rules must be passed each year by the legislature, existing rules have always been reauthorized by the legislature to remain in effect for the following fiscal year. Due to some discord between the house and senate and other possible legal issues with how the rules are handled at the committee level that did not happen this year.

Therefore, the Governor’s office is asking every agency to evaluate their rules and submit them as temporary rules that will be published in a special June 19th bulletin. These rules will have the twenty-one (21) day window for comment and will then attain temporary status and remain in effect.

All told there are about 8,500 pages of administrative rules containing 736 chapters that touch on just about every aspect of life; from DEQ, Dept. of Education, Idaho Lottery Division, Health and Welfare, etc. Many rules have been in effect for decades without a review. To handle the additional work, 77 rules review offices have been appointed by the various state entities to report their review and results to the Governor’s office. While this is not typical nor was it expected it is an opportunity to eliminate and update rules.

Interim Committees

Meanwhile the legislature did appoint several interim committees that will begin meeting in the next few months. The interim committees are:

Newly Appointed Legislator

This week, Governor Little appointed Megan Kiska to the House seat that was vacated by Representative Tom Daley who took a position with the Federal Farm Services Agency. Megan is currently the inspector general and real property officer for the 124th Fighter Wing in the Idaho Air National Guard where she is a captain.

Enjoy the spring,

Kris Ellis

Eiguren Ellis Public Policy Firm

Sine Die Report

April 12, 2019

After a long 95-day session, the legislature adjourned sine die on Thursday April 11th. While there were a few accomplishments, overall the session was mired in disagreements between the House and Senate including Medicaid Expansion requirements, allowing Hemp to be transported across the state, providing new offices for the House of Representatives (currently they have only cubicles), and changing the requirements to get voter initiatives on the ballot.

Medicaid Expansion, after being passed by the voters in November, the legislature enacted the expansion of Medicaid to cover those earning between 100-138% of poverty, with a work requirement of 20 hours of work, volunteering, schooling, or combination of the options. The process not only took up much of the session but took 3 bills and 7 amendments before there were enough votes of support in both houses.

Similar battles on the transportation of hemp, and funding bigger offices for legislators both failed to pass.

After many hours of debate and several bill versions to change the Voter Initiative Process, a bill was passed by both the House and the Senate but was vetoed by the Governor. Governor Little cited constitutional concerns with the bills and the likelihood of lawsuits that were likely to come if the bills were enacted. The legislature did increase funding for education, and had a strong proposal to increase transportation funding, but with state revenues $75million below forecast the bill was held the last week of the session. Should revenues recover Senator Winder promised to bring it early in the 2020 legislative session.

Legislation of Interest

HB 9 Medical Practice Act Rewrite: This bill updates and modernizes provisions of the Medical Practice Act related to licensure, registration, discipline, disabled physicians or physician assistants, and member composition of the Board of Medicine and Physician Assistant Advisory Committee. For licensure, this bill removes barriers to practice by simplifying the requirements for expedited licensure by endorsement and removing the requirement that medical students be registered with the Board. This bill updates the discipline section to require more timely notification to the Board of felony criminal charges against a licensee and adds a disruptive provider clause, both of which the Board believes are necessary to protect the public adequately. This bill updates and simplifies the Disabled Physician Act by adding physician assistants and streamlining the Board’s evaluation process, which will benefit licensees with serious mental and physical illnesses who may otherwise face disciplinary action by the Board. Finally, the bill provides housekeeping updates to remove obsolete language, deletes duplicative language, streamlines the language throughout, and modernizes the requirements of the Act. This bill has been signed into law by Governor Little and will go into effect July 1, 2019.

HB 12 Opioid Antagonist: This legislation removes the terms prescriber and pharmacist from the law and allows other health professionals to deliver naloxone to individuals who may be in a position to help patients. This bill has been signed into law by Governor Little and will go into effect July 1, 2019.

HB 58 Drug Donations: This legislation will allow SNFs, ALs, ICFs, and individual to donate unused drugs in blister packs even if some of the blister packs have been used to free clinics or even back to the pharmacy. IHCA was the instigator of this legislation that was drafted by the Board of Pharmacy and supported the proposal. HB 58 was signed by the Governor and will go into effect July 1, 2019.

HB 242 Hospital Property Tax Exemption: This legislation would require a hospital to have 24-hour emergency care to be eligible for the property tax exemption. This bill was introduced quite late in the session and did not get a hearing.

SB 1034 Anti-Cancer Co-Insurance Parity: This legislation creates insurance parity for cancer treatment regardless of the treatment being intravenously administered, injected or orally taken. It directs the Department of Insurance to ensure regulated health plans where anti-cancer medication is covered to provide patient access to orally administered medication at no more than the cost of injected or intravenously administered medication. This bill was amended in the senate and passed the senate, but never received a hearing in the House Health and Welfare Committee.

SB 1068 Pharmacy Benefit Managers (PBMs): PBMs are third party administrators under contract by health plans, employers and government entities to manage prescription drug programs for health plan recipients. PBMs decide which pharmacies are included in a prescription drug plan’s network and how much the pharmacy will be paid for dispensing services. Idaho is one of just five states that do not regulate or have any oversight at all over PBMs. This bill will require PBMs that operate in Idaho to register with the Department of Insurance. It also gives pharmacists more flexibility in informing patients how they can pay less out-of-pocket for prescriptions. Today, PBMs prohibit pharmacies from discussing prescription cost options with their patients. Recently, legislation passed and was signed into law at the federal level prohibiting “gag clauses” on Medicare Part D and Advantage plans, but State legislation is still needed for all other insurance. This bill has passed the Senate but was killed in the House Health and Welfare Committee. The proponents of this bill will definitely be working on this issue again next year. Apparently, Idaho is the only state that does not recognize Pharmacy Benefit Managers.

HB 248 Occupational Licensing Reform: This legislation has been revised from HB 143. It declares it to be the policy of the state to adopt a comprehensive and proactive approach to reducing barriers to occupational licensing. It would require the licensing authority to accept relevant military education and training or service be counted towards the qualifications to receive a license. It would require an expedited process for licensing members of the military, former military or military spouses, and it would require licensing authorities to establish a procedure of endorsement for members of the military, former members of the military or their spouses. HB 248 has been signed by the Governor and will go into effect July 1, 2019.

It has been a pleasure to represent IASCA this past legislative session.

Sincerely,

Kris Ellis

March 26, 2019 IASCA Medicaid Update

Shane, Debbie, Dr. Christensen and I had a very productive meeting with Medicaid on Monday. The Department of Health and Welfare is working towards changing the Medicaid reimbursement for ASCs to be a percentage of Medicare or mirror that of Medicare effective July 1, 2019. Everyone emphasized the need to have it not be a percentage of Medicare, and in fact should be Medicare plus a percentage. This will continue to be negotiated over the next several weeks. Phase 1 of this process will only include those procedures that are currently reimbursed to ASCs by Medicare. For Phase 2 we will look at reimbursement for implants. The department is not opposed to reimbursement for the implants, but it may take a little more time to work out what the reimbursement looks like. Phase 3 could include looking at have procedures that are not currently reimbursed by Medicare but reimbursed by Medicaid. This would likely require a statute change.

We discussed how to move Medicaid patients to ASCs for their care. Debbie suggested a co-pay that would be required if they choose a hospital, and no co-pay if they choose an ASC. Co-pays are limited by CMS and have historically not been very effective. The Department is looking at a way to prior-authorize the services. This could be for a facility and or for a variety of codes. There is some concern from the Department that the extra man power to prior authorize these services may be overwhelming. This will need to be worked out before July 1st.

We did agree to provide the Department with some additional information:

  • Safety data: Shane will work with ASCA to provide quality and safety data.
  • Shane will work with National Medical billing to provide a data analysis of our common ASC codes and compare current Medicaid vs Medicare rates. We will also identify implant intensive cases that could migrate from the hospital to ASCs if implants were reimbursed. We will send the analysis out to for review to IASCA members for completeness.

Overall, an excellent meeting and it is very probable at least some changes to the Medicaid reimbursement for ASCs will go into effect this summer.

The Legislature will be wrapping up soon and I will do a full legislative report after they sine die.

Sincerely,

Kris Ellis

Legislative Update March 1, 2019

As lawmakers turn to examining the Medicaid budget for next year, legislative budget analyst noted the breakdown of the current Medicaid caseload. In 2018, 215,400 or 73.8 percent of the people on Medicaid were on the basic plan, which is largely for children and pregnant women, but that made up only 29.5 percent of the budget. The enhanced plan, primarily for people with disabilities, had 48,800 enrollees, just 16.7 percent of the caseload, but accounted for 43.2 percent of spending. The coordinated plan, which covers elderly patients who are dually eligible for both Medicaid and Medicare, had 27,531 enrollees, but accounted for 27.3 percent of the spending. “In Medicaid, when you’re talking caseloads, it’s children and pregnant women,” Tatro said. When you’re talking dollars, it’s primarily disabled and elderly. On the policy side of Medicaid, this week the House Health and Welfare Committee returned two bills that would have repealed the Medicaid expansion referendum that passed this fall. The sponsors testimony indicated the voters didn’t really know what they were voting for when they passed Medicaid expansion. The votes were 7-5 in committee. On the Senate side, Senator Souza introduced a bill that would have added an optional work force option for those already on the Idaho Insurance Exchange and eliminated Medicaid expansion if the federal match dropped below 90% of the cost. That bill is not likely to get a hearing; however, a new bill is on the agenda to be presented on Monday March 4th in the House Health and Welfare Committee that would add a work requirement for some Medicaid enrollees.

(IASCA members and I will be meeting with Idaho Medicaid to discuss increased reimbursement later this month. I am looking forward to these discussions and will report the outcome of that meeting. )

Health Care Issues:

Medical Issues:

HB 9 Medical Practice Act Rewrite: This bill updates and modernizes provisions of the Medical Practice Act related to licensure, registration, discipline, disabled physicians or physician assistants, and member composition of the Board of Medicine and Physician Assistant Advisory Committee. For licensure, this bill removes barriers to practice by simplifying the requirements for expedited licensure by endorsement and removing the requirement that medical students be registered with the Board. This bill updates the discipline section to require more timely notification to the Board of felony criminal charges against a licensee and adds a disruptive provider clause, both of which the Board believes are necessary to protect the public adequately. This bill updates and simplifies the Disabled Physician Act by adding physician assistants and streamlining the Board’s evaluation process, which will benefit licensees with serious mental and physical illnesses who may otherwise face disciplinary action by the Board. Finally, the bill provides housekeeping updates to remove obsolete language, deletes duplicative language, streamlines the language throughout, and modernizes the requirements of the Act. This bill has been signed into law by Governor Little and will go into effect July 1, 2019.

HB 12 Opioid Antagonist: This legislation removes the terms prescriber and pharmacist from the law and allows other health professionals to deliver naloxone to individuals who may be in a position to help patients. This bill has been signed into law by Governor Little and will go into effect July 1, 2019.

SB 1028 Worker’s Comp PTSI: This bill identifies Post Traumatic Stress Disorder (PTSI) as an occupational injury that affects Idaho’s First Responders. Under current law, a mental injury must be accompanied by a physical injury. This changes current statue that if a First Responder has “clear and convincing” evidence of a physiological injury then the treatment would be handled through worker’s compensation. This bill has passed the house and the senate and will go to the Governor for his signature.

HB 58 Drug Donations: This legislation will allow any pharmacy, long-term care facility or an individual to donate unused drugs in blister packs even if some of the blister packs have been used to free clinics or even back to the pharmacy. Currently only hospitals and nursing homes can donate unopened medication. HB 58 has passed the house and passed out of the Senate Health and Welfare Committee with unanimous support.

SB 1034 Anti-Cancer Co-Insurance Parity: This legislation creates insurance parity for cancer treatment regardless of the treatment being intravenously administered, injected or orally taken. It directs the Department of Insurance to ensure regulated health plans where anti-cancer medication is covered to provide patient access to orally administered medication at no more than the cost of injected or intravenously administered medication. This bill was amended in the senate and is now awaiting a vote on the senate floor.

HB 143 Occupational Licensing Reform: This legislation declares it to be the policy of the state to adopt a comprehensive and proactive approach to reducing barriers to occupational licensing. It would require the licensing authority to accept relevant military education and training or service be counted towards the qualifications to receive a license. It would require an expedited process for licensing members of the military, former military or military spouses, and it would require licensing authorities to establish a procedure of endorsement for members of the military, former members of the military or their spouses. It has not had a hearing in the business committee.

SB 1068 Pharmacy Benefit Managers (PBMs): PBMs are third party administrators under contract by health plans, employers and government entities to manage prescription drug programs for health plan recipients. PBMs decide which pharmacies are included in a prescription drug plan’s network and how much the pharmacy will be paid for dispensing services. Idaho is one of just five states that do not regulate or have any oversight at all over PBMs. This bill will require PBMs that operate in Idaho to register with the Department of Insurance. It also gives pharmacists more flexibility in informing patients how they can pay less out-of-pocket for prescriptions. Today, PBMs prohibit pharmacies from discussing prescription cost options with their patients. Recently, legislation passed and was signed into law at the federal level prohibiting “gag clauses” on Medicare Part D and Advantage plans, but State legislation is still needed for all other insurance. This bill has passed out of the Senate Commerce Committee.

Sincerely,

Kris

Legislative Update February 8, 2019

The Idaho Supreme Court has rejected the Idaho Freedom Foundation’s claim that the voter-passed Medicaid expansion initiative is unconstitutional. The opinion was written by Chief Justice Roger Burdick. Burdick wrote that the Freedom Foundation’s argument that the initiative was an unconstitutional delegation of lawmaking authority to the federal government was “without merit.” “It is unclear why the plaintiff contends the Medicaid expansion statute is unconstitutional but does not challenge the existing Medicaid statute, when both reference the Social Security Act,” Burdick wrote. “If we were to accept the argument that any reference to a federal statute delegates lawmaking authority to the federal government, then many of Idaho’s statutes would be unconstitutional, and in fact, the option of any cooperative federal-state program would be curtailed.” This decision will pave the way for the legislature to implement the initiative that won support from 60.6 percent of the Idaho voters in November. It expands Idaho’s Medicaid program to include people under age 65 whose income falls below 133 percent of the federal poverty level.

Medical Issues:

HB 9 Medical Practice Act Rewrite: This bill updates and modernizes provisions of the Medical Practice Act related to licensure, registration, discipline, disabled physicians or physician assistants, and member composition of the Board of Medicine and Physician Assistant Advisory Committee. For licensure, this bill removes barriers to practice by simplifying the requirements for expedited licensure by endorsement and removing the requirement that medical students be registered with the Board. This bill updates the discipline section to require more timely notification to the Board of felony criminal charges against a licensee and adds a disruptive provider clause, both of which the Board believes are necessary to protect the public adequately. This bill updates and simplifies the Disabled Physician Act by adding physician assistants and streamlining the Board’s evaluation process, which will benefit licensees with serious mental and physical illnesses who may otherwise face disciplinary action by the Board. Finally, the bill provides housekeeping updates to remove obsolete language, deletes duplicative language, streamlines the language throughout, and modernizes the requirements of the Act. This bill has passed the House and the Senate Health and Welfare Committee. It will have a senate floor vote next week.

HB 12 Opioid Antagonist: This legislation removes the terms prescriber and pharmacist from the law and allows other health professionals to deliver naloxone to individuals who may be in a position to help patients. This legislation has passed the House and is moving through the Senate.

SB 1034 Anti-Cancer Co-Insurance Parity: This legislation creates insurance parity for cancer treatment regardless of the treatment being intravenously administered, injected or orally taken. It directs the Department of Insurance to ensure regulated health plans where anti-cancer medication is covered to provide patient access to orally administered medication at no more than the cost of injected or intravenously administered medication. This bill is waiting for a hearing in Senate Health and Welfare.

The legislative pace is definitely picking up,

Kris

Legislative Update January 18, 2019

The first two weeks of the 2019 legislative session have seen a broad variety of issues brought up, Including rules for commercial video in state parks, broadening who can give Naloxone, the anti-opioid overdose drug, the critical overloading of the prison and Idaho’s per capita incarceration rate being one of the highest in the country, Medicaid expansion (to have or not have a work requirement), water rights, and many others. All committees have started to have hearings on agency rules, and some have started printing agency bills.

Due to supposed inaccurate withholding of the individual income taxes, state revenues are down significantly. Therefore, the Governor has proposed a conservative budget. However, the state Economic Forecast Committee was even more conservative in its projections; proposing a potential budget that is $93million less than the Governor’s budget. It is expected the revenue deficit will be rectified when personal taxes are filed in April, but the legislature will be out of session when that occurs. Since 2014 the state has had a surplus eliminator that directs any funds remaining at the end of the year to be distributed ½ to the budget stabilization fund (rainy day fund) and ½ to the Idaho Department of Transportation. There are several such proposals floating around the capitol, and I expect the surplus eliminator to continue in some form.

Medical Issues:

HB 9 Medical Practice Act Rewrite: This bill updates and modernizes provisions of the Medical Practice Act related to licensure, registration, discipline, disabled physicians or physician assistants, and member composition of the Board of Medicine and Physician Assistant Advisory Committee. For licensure, this bill removes barriers to practice by simplifying the requirements for expedited licensure by endorsement and removing the requirement that medical students be registered with the Board. This bill updates the discipline section to require more timely notification to the Board of felony criminal charges against a licensee and adds a disruptive provider clause, both of which the Board believes are necessary to protect the public adequately. This bill updates and simplifies the Disabled Physician Act by adding physician assistants and streamlining the Board’s evaluation process, which will benefit licensees with serious mental and physical illnesses who may otherwise face disciplinary action by the Board. Finally, the bill provides housekeeping updates to remove obsolete language, deletes duplicative language, streamlines the language throughout, and modernizes the requirements of the Act.

Medicaid Expansion: To date there has been no action on Medicaid Expansion. It is expected to be later in the session.

Please reach out if you have any questions or concerns as the legislative session progresses,

Kris

Legislative Update January 2019

2019 State of the State Address and New Agency Appointments

Gov. Brad Little in his first State of the State address proposed a state general fund budget of $3.897 billion, an increase of slightly less than 6.7 percent over this year. He noted that state revenues have been falling short of forecasts, due to lower than expected individual income tax withholding receipts. “My team is following this issue closely, confident revenues will eventually match the rapid pace of economic growth,” Little said. “Though we are confident, in true Idaho fashion, we will not spend money until it’s in the bank.” He also proposed using our budget surplus to eliminate the grocery tax once and for all. That means Idaho would eliminate the current 6 percent sales tax on food in fiscal year 2021.

Little called for any new tax exemptions to be tied “a proportional reduction in state spending or real income generation.” His budget includes only a 0.3 percent increase in the number of full-time state positions.

“On election day over 60% of voters approved Medicaid expansion. For months I made it clear I would honor the will of the people. I intend to work with you to implement Medicaid expansion using an Idaho approach.” “We need spring in our safety net so that there are multiple pathways for the gap population to move off Medicaid and onto private coverage,” he said. Little’s budget proposal calls for fully funding Medicaid expansion without any net impact on the state general fund. It would do so by tapping into the Millennium Fund, the state’s endowment created from proceeds of a nationwide tobacco settlement, for $10,756,400 next year. The remainder of the cost would be funded by offsets in the Corrections and Health & Welfare budgets, in which medical services fully being provided with state general funds would be covered under the newly expanded Medicaid program, with the federal government paying 90 percent and the state’s share at 10 percent.

Gov. Brad Little drew one of his loudest rounds of applause when he promised to issue an executive order “requiring state agencies to revoke two regulations for every new regulation they want to implement.”

Little stated his first executive order would be to require Sunrise and Sunset provisions on any new licensure bills.

Gov. Brad Little’s budget proposal for higher education calls for a 4.24 percent funding boost for Idaho’s four-year colleges and universities next year, but doesn’t fund the universities’ proposed shift to an “outcomes based” funding model. Instead, it includes $4.3 million to fund the enrollment workload adjustment, and a $7 million boost to the state’s Opportunity Scholarship.

“Idaho is ready to lead,” Little said. “My friends, if we create an environment that brings about economic prosperity, if we continue to invest and modernize education, if we do what we can to make healthcare accessible and affordable, if we invest in our infrastructure, if we protect our natural resources, and if we assure citizen confidence in government, we will keep our best and brightest here in Idaho.”

New Agency Director Appointments

Little chose Dave Jeppesen as the new director of the Idaho Department of Health & Welfare, the state’s single largest agency. Jeppesen has been with Blue Cross of Idaho for the past six-and-a-half years, most recently serving as executive vice president and chief strategy and innovation officer. He also had a long career in banking.

Tom Kealey is Little’s new director of the Idaho Department of Commerce. Kealey, who lost to Julie Ellsworth in the GOP primary for state treasurer, is a co-owner of the restaurant chain Chicago Connection and a former executive at Morrison-Knudsen. Bobbi-Jo Meuleman, the current commerce chief, was named director of intergovernmental affairs, a new division in the governor’s office.

Kelley Packer will head the Idaho Bureau of Occupational Licenses. Packer, a former GOP state representative from McCammon, ran unsuccessfully in a crowded GOP primary this year for lieutenant governor.

Bryan Mooney will be the new director of the state Department of Administration, replacing current director Bob Geddes. Mooney is the former vice president of operations at MWI Veterinary Supply, the largest animal health distributor in the world.

Little named Dr. David McClusky as chairman of the board the Idaho Department of Correction. McClusky, who currently serves on the board, is a Twin Falls native and University of Idaho graduate; he received his medical degree at Northwestern University.

Wendi Secrist will be executive director of the Workforce Development Council; and Monty Prow, director of the Department of Juvenile Corrections.

Friday, Little named Brian Wonderlich as general counsel for the office of the governor. Wonderlich, who also chaired Little’s transition team, has been a partner in the law firm of Holland & Hart for the past eight years, and also is a former deputy Idaho attorney general. “We have taken the honor of filling these positions very seriously and ensuring we have the right person to lead these agencies and departments,” Little said in a statement. “These men and women are dedicated and valuable public servants.”

The legislative committees will have organizational meetings this week with a few rules hearings. The Committee on Employee Compensation with meet twice this week and next week I expect all committees to get rolling with rules hearings.

I look forward to representing your interests to the Idaho Legislature this year,

Sincerely,

Kris Ellis