Relates to the appropriation to the Department of Health and Welfare and the Judicial Branch for fiscal year 2027.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1446 BY FINANCE COMMITTEE AN ACT1 RELATING TO APPROPRIATIONS; APPROPRIATING ADDITIONAL MONEYS TO THE DE-2 PARTMENT OF HEALTH AND WELFARE FOR FISCAL YEAR 2027; APPROPRIATING3 ADDITIONAL MONEYS TO THE JUDICIAL BRANCH FOR FISCAL YEAR 2027; AUTHO-4 RIZING EXEMPTIONS FROM PROGRAM TRANSFER LIMITATIONS FOR BEHAVIORAL5 HEALTH PROGRAMS; DIRECTING THE USE OF THE STATE-DIRECTED OPIOID SET-6 TLEMENT FUND; PROVIDING FOR CONDITIONS, LIMITATIONS, AND RESTRICTIONS;7 AND DECLARING AN EMERGENCY AND PROVIDING EFFECTIVE DATES.8

Be It Enacted by the Legislature of the State of Idaho:9

SECTION 1. In addition to any other appropriation provided by law,10 there is hereby appropriated to the Department of Health and Welfare the11 following amounts to be expended according to the designated programs for12 trustee and benefit payments from the listed funds for the restoration of13 assertive community treatment and peer support services for the period July14 1, 2026, through June 30, 2027:15 FOR:16 I. DIVISION OF MEDICAID - BASIC MEDICAID PLAN:17 FROM:18 State-Directed Opioid Settlement Fund19 $4,527,000 Idaho Millennium Income Fund20 3,500,000 Cooperative Welfare (Federal) Fund21 20,525,000 TOTAL22 $28,552,000 II. MENTAL HEALTH SERVICES - ADULT MENTAL HEALTH:23 FROM:24 State-Directed Opioid Settlement Fund25 $1,031,000 Idaho Millennium Income Fund26 1,119,000 TOTAL27 $2,150,000 GRAND TOTAL28 $30,702,000

SECTION 2. In addition to any other appropriation provided by law,29 there is hereby appropriated to the Judicial Branch in the Court Operations30 Division for the District Courts Program the following amounts to be ex-31 pended according to the designated expense classes from the State-Directed32

2 Opioid Settlement Fund for the restoration of peer support services for men-1 tal health courts for the period July 1, 2026, through June 30, 2027:2 FOR:3 Operating Expenditures4 $25,000 Trustee and Benefit Payments5 225,000 TOTAL6 $250,000

SECTION 3. EXEMPTIONS FROM PROGRAM TRANSFER LIMITATIONS FOR BEHAVIORAL7 HEALTH PROGRAMS. Notwithstanding any provisions of law to the contrary, the8 Department of Health and Welfare is hereby exempted from the provisions of9 Section 67-3511(2), Idaho Code, allowing unlimited transfers into the Ba-10 sic Medicaid Plan Program and the Adult Mental Health Program from other pro-11 grams within the department for all moneys appropriated to it for the period12 July 1, 2025, through June 30, 2026, for the purpose of funding assertive13 community treatment and peer support services.14

SECTION 4. OPIOID SETTLEMENT FUND USAGE. The Legislature finds and de-15 clares that assertive community treatment and peer support services serve16 the overarching purposes of the national opioid settlements even though not17 every person assertive community treatment and peer support services serves18 suffers from opioid use disorder (OUD). In a time of fiscal exigency, every19 dollar matters to ensure assertive community treatment and peer support ser-20 vices remain viable. Therefore, in accordance with provisions in the opi-21 oid settlement agreements that allow the state to use a limited percentage22 of settlement funds for purposes not directly related to OUD, and notwith-23 standing the provisions of section 57-825, Idaho Code, or any other provi-24 sion of law to the contrary, of the amounts appropriated in Section 1 and25 Section 2 of this act from the State-Directed Opioid Settlement Fund, up to26 $5,808,000 may be used for assertive community treatment and peer support27 services participants who face substance abuse disorders or mental health28 conditions (SUD/MH) without co-occurring OUD as those terms are used in Ex-29 hibit E, Schedule B of the settlement agreements.30

SECTION 5. CONDITIONS, LIMITATIONS, AND RESTRICTIONS. Appropriations31 made pursuant to this act are subject to the conditions, limitations, and re-32 strictions specified in this act.33

SECTION 6. An emergency existing therefor, which emergency is hereby34 declared to exist, Section 3 of this act shall be in full force and effect on35 and after passage and approval, and Sections 1, 2, 4, and 5 of this act shall36 be in full force and effect on and after July 1, 2026.37