MEDICAID – Adds to existing law to provide that the Department of Health and Welfare shall not prohibit licensed or registered health care providers from providing services covered by the state Medicaid program.

68th Legislature, 1st Regular Session (2025)

Idaho HB 110 protects Medicaid-covered services by allowing licensed providers to offer them within their scope if they sign a Medicaid provider agreement, with statutory exclusion

Reported Signed by Governor on March 18, 2025 Session Law Chapter 92 Effective: 07/01/2025

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Overview

House Bill 110 adds a new statutory provision to protect and clarify practice authority for Medicaid-covered services. It directs the Idaho Department of Health and Welfare (DHW) not to prohibit state-licensed or registered health care providers from delivering services that are covered by the state Medicaid program, so long as the provider is acting within their state-authorized scope of practice and has a Medicaid provider agreement, with limited exceptions.

Bill Number: H 110

Short Title: Practice Authority Protection

Introduced: February 3, 2025

Status: Enacted as Chapter 92; Signed by Governor March 18, 2025

Effective Date: July 1, 2025 (emergency provision)

Code Citation: Adds new Section 67-9417 to Chapter 94, Title 67, Idaho Code

Purpose and Intent

To clarify in statute that Medicaid may not unduly limit the practice authority granted by the legislature and licensing boards.

To ensure that Medicaid-covered services can be provided by any legislatively authorized provider who completes a Medicaid provider agreement, thereby reducing potential restrictions imposed by the Medicaid program.

Key Provisions

New Section 67-9417 (PRACTICE AUTHORITY PROTECTION):

The DHW shall not prohibit any state-licensed or state-registered health care provider from providing a service that is covered by the Medicaid program, within the provider’s state-authorized scope of practice.
Exceptions: The DHW may prohibit a provider from offering a Medicaid-covered service if: 1) State law or regulation expressly excludes that provider type from providing the service to Medicaid beneficiaries; or 2) The provider fails to enter into a written provider agreement with the Medicaid program.

Effective Date: The act includes an emergency clause and becomes effective July 1, 2025.

Affected Parties and Impacts

Health Care Providers: Licensed or registered providers can offer Medicaid-covered services within their authorized scope, provided they sign a Medicaid provider agreement (where applicable).

Medicaid Program and DHW: DHW’s role is limited to ensuring that practice authority is not unnecessarily restricted by Medicaid policy, consistent with state law.

Licensing Authorities: State boards and authorities that govern scopes of practice remain pertinent, as the exception relies on existing state law or regulation to exclude certain provider types.

Implementation and Timeline

Legislative History: Introduced 2/3/2025; progressed through committees and both chambers with strong support; enrolled and transmitted to the Governor in March 2025.

Effective Date: July 1, 2025, with an emergency clause facilitating immediate effect upon passage.

Enactment: Became Session Law Chapter 92 and was signed into law by the Governor on March 18, 2025.

Practical Takeaways

The bill enshrines practice authority protections for Medicaid services in Idaho law.

Providers must operate within their licensed scope and enter a Medicaid provider agreement to offer covered services.

If a provider type is expressly excluded by state law/regulation from a Medicaid service, they may not provide that service to Medicaid beneficiaries under this act.

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