By Ruth Brown, Idaho Reports
Legal counsel for Idaho’s Legislative Services Office disagrees that Idaho won’t be able to pay vendors who provide certain services to Medicaid clients.
In an April 12 letter obtained by Idaho Reports, LSO attorney Elizabeth Bowen wrote to lawmakers that House Bill 398 regarding Medicaid waivers shouldn’t disrupt current services for Idahoans, contradicting concerns expressed by Gov. Brad Little earlier this month.
The bill is intended to reduce Medicaid costs and increase oversight by requiring legislative approval of any future Medicaid waivers and state plan amendments. Providers and advocates for disabled Idahoans have expressed concern about whether the bill’s vague language could prevent their ability to pay for services the state currently provides.
In a transmittal letter, Little said that unclear language, coupled with the bill’s emergency clause, would immediately disrupt payments for some current Medicaid services, including a $70 million increase in rate adjustments for 1,406 providers and intermediate care facilities across Idaho.
In her letter, Bowen disagreed with that assessment.
“I am aware that some people have concerns that this legislation could disrupt Medicaid services,” Bowen wrote in the letter. “These concerns are unwarranted because (the law) as enacted by H.B. 398aaS, is not in retroactive in its application.”
Bowen wrote that laws generally take effect after they are passed, and no law may be applied retroactively in absence of an express legislative declaration authorizing its retroactive application.
“(The new law) also does not interrupt or preclude any other ongoing efforts by the Department of Health and Welfare based on legal authority that preexisted (Idaho Code 56-270),” she wrote.
Bowen’s letter does not comment on the specific funding concerns Little had.
“We have to make sure everybody is taken care of but it’s my understanding as of right now it’s not a problem,” House Speaker Mike Moyle told Idaho Reports on Friday. While he didn’t rule out a special session, he did say he believes Attorney General Raúl Labrador’s office agrees with Bowen’s assessment.
Little’s office previously said it would consult with Labrador’s office on the issue. An attorney general’s spokesperson told Idaho Reports on Friday that the office has not yet been formally asked for a written opinion.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.