Committee orders Department of Health and Welfare to report rules that cite 56.202

The joint Senate Finance and House Appropriations committees approved language requiring the Idaho Department of Health and Welfare to submit a report by the end of the calendar year that identifies each rule section that cites Idaho Code 56.202, explains how each rule fulfills that code section, and, if justification is lacking, either provides alternative statutory authority or proposes repeal.

Alex Williamson, budget and policy analyst with the Legislative Services Office, presented the provision and said it responds in part to a department letter regarding child-care authority. "This would add a requirement for the Department of Health and Welfare to submit a report to JFAC by the end of this calendar year, specifically outlining and identifying each of their rule sections that cites 56.202 Idaho code as their basis for authority," Williamson said.

Senators asked whether the language would hinder the director's rulemaking authority under 56.202. One senator asked, "Section 56.202 is the area of the director's responsibilities that give the director rulemaking authority on a lot of different things, right?" Analysts and the chair answered that the intent is verification and clarification rather than removing authority; the committee emphasized the department should document statutory basis and correct discrepancies.

The committee adopted the language after discussion and a roll-call that produced Senate 8 ayes, 2 nays and House 7 ayes, 3 nays; it will carry a do-pass recommendation.

Why it matters: the requirement creates a record of how the department justifies rules under the cited code section and gives the legislature material to review whether each rule has clear statutory authority.

Next steps: analysts said they expect the department can complete the review within the committee's timetable; if conflicts are identified, the committee may pursue statutory or rule changes.