Adds to existing law to provide legislative approval for certain family personal care services.
MEDICAID -- Adds to existing law to provide legislative approval for certain family personal care services.
STATEMENT OF PURPOSE
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This legislation directs the Department of Health and Welfare to seek a federal waiver to reinstitute the family personal care services (FPCS) program. This program would permit trained, legally responsible family members to be compensated for the provision of services to a disabled family member requiring a high level of care when another caregiver is not available. The FPCS program was in effect in Idaho from April 15, 2020 until July 15, 2025, when it was terminated due to department concern about over-utilization and lack of usage limits, with the representation made by the Department of Health and Welfare at the time of program termination that the intent was to reinstitute the program with limits and controls. This bill would limit FPCS to 1000 total participants for 25 hours per week. All eligible participants would have to be eligible for personal care services (PCS) to be provided by a non-legally-responsible provider.
BILL TEXT
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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 807 BY HEALTH AND WELFARE COMMITTEE AN ACT 1 RELATING TO MEDICAID; AMENDING CHAPTER 22, TITLE 56, IDAHO CODE, BY THE AD- 2 DITION OF A NEW SECTION 56-2208, IDAHO CODE, TO PROVIDE LEGISLATIVE AP- 3 PROVAL FOR CERTAIN STATE PLAN AMENDMENTS AND WAIVERS AND TO ESTABLISH 4 PROVISIONS REGARDING FAMILY PERSONAL CARE SERVICES; AND DECLARING AN 5 EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 22, Title 56, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 56-2208, Idaho Code, and to read as follows: 10 56-2208. LEGISLATIVE APPROVAL -- FAMILY PERSONAL CARE SERVICES. (1) 11 The department of health and welfare is authorized to and shall submit to the 12 centers for medicare and medicaid services all state plan and waiver author- 13 ities required to allow for legally responsible individuals to provide per- 14 sonal care services. 15 (2) Personal care services provided by a legally responsible individ- 16 ual pursuant to this section shall: 17 (a) Be limited to twenty-five (25) hours per week at the assessed level 18 of care as determined by the department of health and welfare; and 19 (b) Be subject to oversight as deemed necessary by the department of 20 health and welfare. 21 (3) Nothing in this section shall be construed to prohibit an individ- 22 ual who requires more than twenty-five (25) hours per week of personal care 23 services from receiving such additional care from a non-legally responsible 24 individual in accordance with applicable law. 25 (4) The number of legally responsible individuals authorized to pro- 26 vide personal care services at one time pursuant to this section shall not 27 exceed one thousand (1,000). 28 (5) The department of health and welfare may promulgate rules, subject 29 to legislative approval, to establish procedures regarding the creation and 30 management of a wait list and otherwise carry out the provisions of this sec- 31 tion. 32 SECTION 2. An emergency existing therefor, which emergency is hereby 33 declared to exist, this act shall be in full force and effect on and after its 34 passage and approval. 35 -- 1 of 1 --
LATEST ACTION
Introduced, read first time, referred to JRA for Printing
BILL INFO
- Session
- 2026
- Chamber
- house
- Status date
- Mar 2, 2026
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