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House Bill No. 528

The Department of Health & Welfare has submitted proposed legislation that would update most sections under Chapter 35, Title 39, Idaho Code, (link is to current law, not the proposal) “Idaho Certified Family Homes.” In 2005, the existing laws were teased out from statutes that intermingled Residential Assisted Living Facility and Certified Family Home regulations. Unfortunately, the resulting CFH-specific chapter contained inconsistencies, duplications, errors, circular reasoning, and poor policy affecting most sections. In 2021, the department held seven meetings with stakeholders (mostly CFH providers) to discuss necessary updates and revisions, and polled them whether they agreed, disagreed, or were not sure about the changes proposed to each section. The proposal had broad support among the 134 stakeholders who participated in these meetings. However, the department was directed to hold the proposal in 2022 and 2023, as Governor Little considered a reorganization that would have moved the Division of Licensing and Certification out from under the department, which reorganization would have conflicted with the word “department” used throughout the proposed chapter revisions. The governor has now, for the time being, tabled the idea of a reorganization, so the department brought the legislation forward for consideration in the 2024 legislative session. You can find the contents of the proposal under House Bill No. 528. Should you have questions about the bill, please contact Steve Millward at his contact information located toward the bottom of this page.

2024 Basic Needs Allowance

A Cost of Living Adjustment has been made to Social Security benefits in 2024, increasing benefits by 3.2%. This means that residents receiving Certified Family Home (CFH) services whose care is fully or partially paid for by Medicaid have the right under IDAPA 16.03.19.200.06 to retain at least $129 of their monthly income in 2024 for personal spending, up from $125 in 2023. CFH providers may charge the remainder for room and board or (if Medicaid is only a partial payer) care. If a CFH provider opts to increase charges to a resident, per IDAPA 16.03.19.260.04.m please give written notice of the increase to the resident or their representative at least 30 days in advance of implementing the increased charges.

Updated Rule Chapter

During the 2023 session, the Idaho legislature approved as final the updated rule chapter under IDAPA 16.03.19, “Certified Family Homes.” These rules became effective March 28, 2023, and have now been codified and published. The rule chapter was updated as directed under Executive Order No. 2020-01, “Zero-Based Regulation.” As stated in the order, the purpose of these rule updates was to clarify, simplify, and reduce regulatory burden for CFH providers. CFH providers are expected to read and comply with these standards going forward. A summary of highlighted changes can be found on this page under the Guidance section.

Over the coming weeks, the Certified Family Home Management Team will be finalizing and posting updates to the CFH Provider Manual, including redesigned forms that, if properly used by CFH providers, will help them comply with the updated rules. 

Pending Update

Pending Update