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Post Legislative UpdateThird EditionApril 2004
Another Legislative session has come to a close. We hope that these legislative updates have been helpful in informing you about laws that affect citizens in this great State of Idaho. Thanks to all of you who responded to these updates by contacting your representatives to voice your opinions.
There were two particularly important pieces of legislation this year for the SILC. The first, HB 711, changes the status of the SILC by creating the SILC as an autonomous body. The SILC legislation passed both the House and Senate unanimously and was signed into law by Governor Kempthorne March 25, 2004.
The Medicaid Buy-In Program was addressed in SB 1445, Section 8, which states,
The SILC and advocacy organizations tried to achieve implementation this year asking for $400,000 from state general funds to start-up the program. Twice the Joint Finance-Appropriations Committee (JFAC) considered the legislation, but funding for the program was ultimately defeated by one vote.
Kelly Buckland, Executive Director Idaho State Independent Living Council
HB 561 – Accessible Polling PlacesThis bill will amend existing law to specify that information describing the accessibility of polling places must be contained in election notices. SIGNED INTO LAW
HB 567 – Income Tax DeductionsAmends existing law to remove the limitation on the amount of premiums for long-term care insurance that qualify for the credit against income taxes. This bill removes the limitation and allows the deduction for the full amount of the premiums. SIGNED INTO LAW
HB 579aa – Amend Mental IllnessThis bill will add language to Idaho Code that would give people who are involuntarily committed to mental health facilities the right to contact and communicate with representatives of the state protection and advocacy (P&A) system and the right to communicate with their attorney or employees of their attorney’s firm. The language is parallel to the language in the ID Children’s Mental Health Services Act. SIGNED INTO LAW
HB 601 – Sales Tax ExemptionAmends existing law to provide an exemption from sales and use taxes for sales or purchases by the blind Services Foundation, Inc. SIGNED INTO LAW
HB 619 – Health Insurance Premiums Amends existing law relating to certain health insurance premium rates to remove sunset provisions; and to delete language requiring a review and report by the director of the Department of Insurance. SIGNED INTO LAW
HB 626 – Assisted Living Presently, staffing levels are determined in the initial and annual needs assessments of residents. However, the Bureau of Facility Standards Surveys may survey facilities and demand staffing above that determined in the Uniform Assessment Instrument. This bill, as written, would create staffing levels in Idaho Code. HELD IN THE HOUSE HEALTH & WELFARE COMMITTEE
HB 658 – Long Term Care Insurance The purpose of this legislation is to establish the Idaho Long-term Care Partnership Program; to provide incentives for individuals to insure against the costs of providing for their long-term care needs; to provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under Medicaid, without first being required to substantially exhaust their resources. SIGNED INTO LAW
HB 702 – Mental Illness InsuranceThis bill would have added to existing law to provide that state employees with serious mental illnesses must not be discriminated against in group disability insurance benefits or group health care service coverages. It would also have defined “serious mental illness’; provided requirements for coverage of serious mental illness; provided for a report to the legislature of additional costs incurred to provide the coverage; and provided a sunset date. HELD IN THE HOUSE BUSINESS COMMITTEE
HB 754a – Expenditure Limits This bill would have revised legislative expenditure limits by providing that the general fund expenditures for any fiscal year shall not exceed the total general fund expenditures authorized for fiscal year 2005 as annually adjusted for population growth and inflation; and would have also amended Chapter 68, Title 67 of Idaho Code by the addition of a new section that would have provided legislative intent, created the taxpayers reserve fund, provided for transfer of moneys to the fund and provided for refunds to taxpayers according to criteria specified. The SILC opposed this bill because of Section 1 – it would have decreased funds for programs for people with disabilities. A similar measure in Oregon has already caused harmful reductions in services for people with disabilities. FAILED ON THE HOUSE FLOOR
HCR 49 – Assisted Living Facilities The purpose of this Resolution is to develop and propose statute and rule changes that allow an oversight process in assisted living that uses new methodologies and increased efficiencies to assure that facilities have appropriate and timely surveys without dramatic increases to the state general funds. This new survey process must allow for person-centered care, care driven primarily by the resident rather than prescriptive rule in order to adjust to the unique care setting of assisted living and be built on objective outcome based on standards rather than subjective interpretation of statute and rule ADOPTED
HCR 50 – Guardianship/Conservatorship Study This resolution directs the Legislative Council to appoint a Committee to study and evaluate the guardianship and conservatorship system in Idaho and report its findings and recommendations to the Fifty-eighth Idaho Legislature. ADOPTED
HJM 16 – Prescription DrugsThis House Joint Memorial would have asked the U.S. Congress and the President to allow Idaho citizens and government entities to legally acquire lower cost prescription drugs from Canada. It also specified that such legal purchases would have been based on a list of drugs determined by state board of pharmacy to assure quality. HELD IN THE HOUSE HEALTH & WELFARE COMMITTEE
HJM 17 – Long-term Care PartnershipsThe purpose of this memorial is to encourage the U.S. Congress to amend Section 1917(b) (1) (C) of the Social Security Act by deleting May 14, 1993 as the deadline for approval by states of long-term care partnership plans. This will allow all states the right to participate in long-term care partnership plans. ADOPTED
SB 1245 – Conservators Amends and adds to existing law to authorize appointment of temporary and emergency conservators; to govern conditions of an appointment and duties of a temporary conservator; to provide procedures governing appointment of a conservator; to provide additional powers and duties of a guardian by giving access to medical records and authorizing the guardian to seek appointment of a conservator. SIGNED INTO LAW
SB 1249 – Living WillsThis bill corrects a number of technical problems in the Natural Death Act and a problem in the DNR (Do Not Resuscitate orders) act. The net effect of the bill is to ensure that persons can make choices regarding their health care that will be effective and will be carried out. It will also ensure that medical personnel and institutions will have clear terms and conditions on which to rely when interacting with medical directives and agents of a patient. SIGNED INTO LAW
SB 1293a – Mental Health BoardsThis bill will eliminate the word “Advisory” from the current name of the Regional Mental Health Advisory Boards and will revise the makeup of the boards giving them greater control over planning mental health services in local areas. The largest single block of members on the revised board will be the county commissioners. This bill was amended to give consumers more control over who is appointed by the city commissioners to represent them on the regional boards. SIGNED INTO LAW
SB 1334 – County Indigency FundThe purpose of this legislation was to repeal the automatic lien provision which requires counties to place a lien on the real property in which fund applicants reside. Those who are medically needy and seeking financial assistance from the county indigency fund would have no longer automatically had a lien placed on their homes. HELD IN THE SENATE LOCAL GOVERNMENT COMMITTEE
SB 1385 – Appropriations: Commission for Blind Appropriates $3,659,500 to the Office of the Governor for the Commission for the Blind and Visually Impaired for fiscal year 2005; and limits the number of full-time equivalent positions to 39.5. The 2005 appropriations would be a $73,700 increase from fiscal year 2004 (a 2% increase). SIGNED INTO LAW
SB 1410 – Appropriations: Vocational Rehab This is the appropriation for the Division of Vocational Rehabilitation for fiscal year 2005. The bill appropriates $550,800 for Renal Disease, $17,339,500 for vocational Rehabilitation, $70,300 for Epilepsy Services, $302,200 for the Independent Living Council, and $3,970,800 for CSE Work Services for a total of $22,233,600; Full-time equivalent positions are capped at 150; and Legislative intent is expressed with regard to resource sharing. SIGNED INTO LAW
SB 1419 – Prescription Drug Program This legislation would have created a prescription drug purchase program known as Idaho Rx. This program would have been available to Idaho residents who do not qualify for Medicaid, and who have an income level equal to or less than 200% of the federal poverty level. It would not apply to Idaho residents who are currently covered by a prescription drug benefit plan or who have voluntarily terminated coverage from such a plan within 90 days of application for the Idaho Rx purchase card. The applicant would have been required to pay for prescription medications, but would have been able to purchase medications at a reduced price. This program was expected to reduce the utilization of visits to the hospital emergency rooms and utilization of other more costly health care resources for this part of Idaho’s population. HELD IN THE SENATE AMENDING ORDER
The State Independent Living Council would like to thank all who responded to our survey last fall and for providing the SILC with feedback and requests for additional information. In response to your request regarding Enforcement of accessible parking spaces, we have added information currently affecting accessible parking due to the passage of SB 1078 during the 2003 legislative session.
1. Local governments and owners of private property open to the public use must designate parking zones and spaces to be used exclusively by people with disabilities.
2. There must be one accessible parking space designated for every thirty-five spaces of on-street parking available on each downtown street block.
3. Any person who parks in a properly marked access aisle in a manner which prevents or reasonably could restrict a person with a disability from entering or exiting their vehicle or in a manner that blocks access to a curb cut or ramp is guilty of an infraction, which is punishable by a fine of $100.00.
4. Any use of the plate or placard by any person other than those meeting the definition of disability in Idaho Code, shall constitute an infraction punishable by a fine of $100.00.
5. Any person who unlawfully possesses, sells, copies, duplicates, distributes, manufactures or aids and abets in the unlawful possession, sale, copying, duplicating, distributing or manufacturing of a special plate or placard is guilty of a misdemeanor punishable by a fine up to $1,000.00, or by imprisonment in the county jail for a period up to 30 days or both. The person will also be required to perform 40 hours of community service provided to a nonprofit organization which serves people with disabilities.
6. Local law enforcement officials and/or their designees are required to enforce the above provisions. They are also empowered to check personal identification to determine if the person is authorized to use accessible parking privileges.
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