View Article

posted on September 06, 2018 11:54

The Idaho Department of Health and Welfare will be holding public hearings during September on proposed rulemaking or scheduling public hearings if requested by at least 25 people on a variety of proposed rule changes. These include authority to charge fees for any circumstance resulting in a replacement birth certificate; a new meningococcal school vaccination requirement; simplifying Medicaid ventilator and tracheostomy rates; changes related to use of patient restraints in hospitals and strengthening patient’s rights; child care assistance eligibility standard clarifications and other topics.

More information on each docket is provided in the docket number links below.

Docket 16-0208-1802Vital Statistics Rules: The Temporary Rule passed by the Board of Health and Welfare in response to the court order requires that a replacement certificate be established when an individual changes the indicator of gender on their birth certificate to reflect their gender identity. IDAPA sets the fee for a list of actions that result in the establishment of a replacement certificate. The change being proposed eliminates the list so that any circumstance resulting in a replacement certificate will result in a fee being charged.

Docket 16-0215-1802Immunization Requirements for Idaho School Children: This rulemaking adds a new school entry immunization requirement to require a second dose of meningococcal (MenACWY) vaccination before a student enters the 12th grade in Idaho, starting with school year 2020-2021. If a student received their first dose of meningococcal (MenACWY) vaccine at 16 years of age or older, they will not be required to receive the second dose before entry into the 12th grade.

Docket 16-0310-1802Medicaid Enhanced Plan Benefits – Transitions Services: The Idaho Home Choice Program, operating through Money Follows the Person (MFP) Demonstration Grant, authorized through Section 6071 of the Deficit Reduction Act of 2005 (P.L. 109-171) and Section 2403 of the 2010 Patient Protection and Affordable Care Act (P.L. 111-148), is scheduled to end September 30, 2020. To sustain the grant benefits, modifications to IDAPA, and the 1915(c) Home-Community Based Services (HCBS) Waivers is necessary.

Docket 16-0310-1803Medicaid Enhanced Plan Benefits – Ventilator and Tracheostomy: Rules are needed to simplify and streamline the current ventilator and tracheostomy special rate process to allow for less administrative burden, and to allow rates to start on the day of admission and with no semi-annual renewals.

Docket 16-0310-1804Medicaid Enhanced Plan Benefits – Organ Transplants: Section 56-255, Idaho Code, requires Medicaid to cover medically necessary services, and coverage has been approved under the allowance in IDAPA 16.03.09, “Medicaid Basic Plan Benefits” for coverage of investigational services for life-threatening medical conditions without other treatment options, or through Early, Periodic, Screening, Diagnostic and Treatment (EPSDT) services for children under 21. This rulemaking aligns these rules with statute.

Docket 16-0314-1801Minimum Standards for Hospitals in Idaho – Restraints and Seclusion, Patient Rights: This docket proposes changes to the “Rules and Minimum Standards for Hospitals in Idaho” related to the use of restraint and seclusion, including which licensed medical professionals are permitted to order restraints or seclusion. The Department is also proposing changes in this docket that will strengthen patient rights.

Docket 16-0612-1801Idaho Child Care Program – Clarification of Eligibility: The Department has adopted these temporary rules to clarify the processes for determining eligibility and has updated terms to align with the Reauthorization of the Child Care and Development Block Grant federal regulations.

Docket 16-0737-1801Children’s Mental Health Services – Updates: The standard for referring parents to Child Support for children in Alternate Care is being removed. This rule appears to be a left-over from the days when Title IV-E funded alternate care. The rule is obsolete and does not align with the rest of the Children’s Mental Health and Behavioral Health program which requires parental obligations be calculated via the sliding fee scale.

Docket 16-0750-1801Minimum standards for Nonhospital, Medically Monitored Detoxification/Mental Health Diversion Units – Updates and Alignment with Behavioral Health rules: The Division has received feedback from providers approved under this rule, who indicate portions of the rules are over-prescriptive, use archaic terms and do not reflect current best practices. Internally, a policy unit rule analysis indicates that this chapter is not in alignment with other Division of Behavioral Health rules and approval practices.