Idaho - February 2022
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Page 14 • RN <strong>Idaho</strong> <strong>February</strong>, March, April <strong>2022</strong><br />
ADVOCACY IN ACTION<br />
<strong>Idaho</strong> Legislative Issues Impacting Nurses in <strong>2022</strong><br />
Michael McGrane, MSN, RN<br />
Benn Brocksome<br />
Randall Hudspeth, PhD, APRN-CNP<br />
The first week of the Sixty-Sixth <strong>Idaho</strong><br />
Legislature’s Second Regular Session began on<br />
January 10, <strong>2022</strong>, with the traditional State of the<br />
State Address from Governor Little in the House<br />
Chambers on Monday afternoon. He specifically<br />
called out healthcare workers as having gone<br />
above and beyond the call of duty in managing the<br />
complexities of the COVID pandemic. His office<br />
contacted the <strong>Idaho</strong> Center for Nursing seeking<br />
three nurses to represent the profession during<br />
his speech. They joined the three physicians. The<br />
nurses who represented the profession are Julie<br />
Yerba, RN, from Saint Alphonsus Nampa, Diane<br />
Nichols, RN, from St. Luke’s Boise, and Kylie Jo<br />
Sanders, RN, from the intensive care unit at Saint<br />
Alphonsus Boise.<br />
Committees have resumed and begun organizing<br />
and making plans for rules and legislation that will<br />
be introduced during the session. Overall, the <strong>2022</strong><br />
session is officially underway, and the tone of the<br />
building is far more “normal” than 2021. Hopefully<br />
the traditions of civility and statesmanship that have<br />
returned will hold for the duration of the session.<br />
The first few days of the session included<br />
workplace sensitivity training for legislators and<br />
staff, Economic Outlook Committee meetings<br />
and Change in Employee Compensation (CEC)<br />
Committee meetings as the State’s decision makers<br />
grapple with a massive budget surplus and an influx<br />
of federal funds. It is important to note that the<br />
Governor’s budget forecast recommendations for<br />
fiscal years <strong>2022</strong> and 2023 were adopted by the<br />
Economic Outlook Committee and later forwarded<br />
with a “Do Pass” recommendation to the Joint<br />
Finance & Appropriations Committee (JFAC). This<br />
set the tone and parameters for the budget debates<br />
and other funding requests from legislators and the<br />
Governor’s Division of Financial Management for the<br />
session.<br />
Governor Little and his staff have moved quickly<br />
from the State of the State Address to outlining<br />
the budget and <strong>Idaho</strong>’s successes to the JFAC<br />
and procuring support from legislators on many of<br />
their goals. These range from tax cuts to education<br />
spending and investments, to critical funding for<br />
infrastructure including broadband, water, roads and<br />
bridges, to making continued investments in law<br />
enforcement, behavioral health, and other priorities.<br />
There is much to accomplish and many policy<br />
debates to be had in the weeks ahead.<br />
The first bill printed this year was in the House<br />
Revenue and Taxation Committee. House Bill 436<br />
has many of the same mechanisms as the income<br />
tax cut bill from last session. Chairman Harris<br />
sponsored and introduced this bill and noted the<br />
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success of their efforts last year and the need to do<br />
more for <strong>Idaho</strong>ans this year, including hundreds of<br />
millions of dollars in tax cuts and rebates.<br />
This year, chairmen have the prerogative to offer<br />
virtual testimony, and some committed to doing so<br />
to allow residents from across the state, as well as<br />
technical experts, to participate without the cost of<br />
travel. The health and safety of participants remains<br />
a concern as several legislators contracted COVID<br />
early in the session. COVID testing remains available<br />
to those who work in the capitol and remote and<br />
virtual participation remains an option to ensure<br />
everyone can see and hear what is happening even<br />
if they are not in the building.<br />
With elections for all legislators and statewide<br />
officials, and reapportionment for all legislative<br />
districts looming, legislators are preparing to tackle<br />
a vast number of projects and polices that they<br />
believe can be supported while still cutting taxes<br />
and regulations for <strong>Idaho</strong> residents and businesses.<br />
Hopefully this session will be remembered as one of<br />
the more successful sessions, on the heels of the<br />
longest and most contentious session of last year.<br />
Nursing is well represented at the <strong>Idaho</strong><br />
Legislature. The ANA-<strong>Idaho</strong> and the Nurse Leaders<br />
of <strong>Idaho</strong> share two lobbyists and their legislative<br />
committees are cross populated. The Nurse<br />
Practitioners of <strong>Idaho</strong> and the <strong>Idaho</strong> Association of<br />
Nurse Anesthetists have separate lobbyists making<br />
a total of 4 nursing lobbyists at the Capitol who are<br />
linked to the nursing professions. The associations<br />
that they represent are all linked to each other as<br />
affiliates of the <strong>Idaho</strong> Center for Nursing. Thus, we<br />
can say that we are well represented.<br />
Nursing specific legislation that is upcoming and<br />
that will generate interest amongst nurses are (1)<br />
the rule changes at the Board of Nursing proposed<br />
by the Division of Occupational and Professional<br />
Licensing, and (2) the Rural Nurse Loan Repayment<br />
(RNLR) program that is supported by ANA-<strong>Idaho</strong><br />
and NLI. The purpose of the RNLR is to form a<br />
legal mechanism whereby nurses who complete<br />
their education programs and go work in a rural<br />
area, as defined in the statute, will be able to seek<br />
funds towards academic loan repayments. This<br />
legislation resulted from a Healthcare Transformation<br />
Council of <strong>Idaho</strong> (HTCI) task force that was chaired<br />
by Randy Hudspeth and Carolyn Hansen, CNO at<br />
Bingham Memorial Hospital in Blackfoot. It focused<br />
on how to get more nurses to seek employment<br />
in rural <strong>Idaho</strong>. The average nurse academic debt<br />
upon graduation is near $26,000. A nurse could<br />
receive funds to pay this entire loan within 2 years<br />
of employment as a nurse in a rural setting. Nursing<br />
has gathered support for this legislation from the<br />
nursing membership organizations, <strong>Idaho</strong> Hospital<br />
Association, <strong>Idaho</strong> Healthcare Association, Rural<br />
Health, and the HTCI.<br />
The <strong>Idaho</strong> Board of Nursing has requested<br />
support for a rule change specific to advisory<br />
committees. They would like to re-structure the<br />
existing advisory committees from regularly<br />
scheduled ongoing meetings to an as needed and<br />
more specifically focused groups. In discussions<br />
about the intended outcome of these rule changes,<br />
the nursing associations are supportive and believe<br />
that this will be both cost and time saving while<br />
maintaining the ability to have workgroups to<br />
address specific issues.<br />
Nurses will have the opportunity to meet with<br />
legislators and also with Governor Little at the<br />
Capitol on Thursday, <strong>February</strong> 17 from 0815 until<br />
noon. The general Nurses’ Day at the Capitol will be<br />
held in the rotunda lobby and also allow nurses and<br />
students to listen to the House and Senate session<br />
from the Gallery seating section. Registration is<br />
required for this event and is available on both the<br />
ANAI and NLI websites.<br />
Policy Update:<br />
HB 436 – Income Taxes House Revenue and<br />
Taxation Committee. HB 436 makes several changes to<br />
<strong>Idaho</strong> State Code in an effort to cut taxes. First it takes the<br />
income tax brackets from five down to four. It also lowers<br />
each brackets rate to 1%, 3%, $4.5%, and 6% starting<br />
January 1, <strong>2022</strong>. This results in an estimated $250 million<br />
in ongoing income tax relief.<br />
This bill also uses $94 million in funds amassed from<br />
online sales tax to provide a one-time sales tax rebate for<br />
all <strong>Idaho</strong>ans who file an income tax return, regardless of<br />
whether they owe or not. The State will return the greater<br />
amount of either 12% of personal income tax from 2020<br />
or $75 for each taxpayer and dependent. The sales tax<br />
rebate for all <strong>Idaho</strong>ans is estimated to be a total of $350<br />
million statewide and one time. This bill is sponsored by<br />
House Revenue and Taxation Committee Chairman<br />
Steve Harris (R-21) and Co-Sponsored by House Majority<br />
Leader Mike Moyle (R-14), Senate Local Government<br />
and Taxation Committee Chairman Jim Rice (R-10), and<br />
Senator C. Scott Grow (R-14). This bill is expected to get<br />
a lot of attention and move quickly early in the legislative<br />
session and progress through both chambers at a rapid<br />
pace and ahead of many other large policy discussions.<br />
Religious Exemption to the Child Protection Act<br />
A renewed effort to repeal the religious exemption<br />
to the Child Protection Act is being promoted by The<br />
Campaign to Protect <strong>Idaho</strong> Kids. The religious exemption<br />
allows parents to deny life-saving medical care to their<br />
children in preference to faith healing. Representative<br />
John Gannon of Boise is proposing legislation to remove<br />
the religious exemption from law. Several efforts over the<br />
past five years have repeatedly stalled without a bill being<br />
heard.<br />
2021 Oral Health Workforce Assessment Report<br />
In January, the Department of Health and Welfare Oral<br />
Health Program, released the 2021 Oral Health Workforce<br />
Assessment. Here is a link to the report.<br />
https://urldefense.com/v3/__https:/healthandwelfare.<br />
idaho.gov/health-wellness/healthy-infants-children/oralhealth__;!!DzKa6zecyZU!Bfr_s-AgFPe8nUREJjSPhiCmyp<br />
aEe91CaBfkfmYlAjKMpj3BXrD1_cCiRFBxKD_wTPolrqw$<br />
Once on the website, select the “Oral Health<br />
Workforce Assessment 2021” on the lower right hand<br />
column.<br />
Rules Making<br />
There is a link for the Index of Proposed Rules for rules<br />
seeking legislative approval. Current Proposed Rules |<br />
adminrules.idaho.gov Committees in both the House and<br />
Senate are assigned rules to approve. As a reminder, if<br />
rules pass either the House or the Senate, they are set to<br />
go into effect.<br />
Here is a list of rules that may be of interest to nurses.<br />
The Board of Nursing is now under the Division of<br />
Occupational and Professional Licenses (DOPL). This<br />
year, many rules require reauthorization to become or<br />
remain effective.<br />
IDAPA 16 – DEPARTMENT OF<br />
HEALTH AND WELFARE<br />
• 16-0000-2000F – Omnibus Rulemaking<br />
Reauthorizing Agency Fee Chapters<br />
• 16-0307-2001 – Home Health Agencies<br />
• 16-0309-2002 – Medicaid Basic Plan Benefits<br />
o 16-0309-2004<br />
• 16-0310-2002 – Medicaid Enhanced Plan Benefits<br />
• 16-0321-2001 – Developmental Disabilities<br />
Agencies (DDA)<br />
• 16-0417-2001 – Residential Habilitation Agencies<br />
IDAPA 24 – DIVISION OF OCCUPATIONAL<br />
AND PROFESSIONAL LICENSES<br />
Board of Nursing<br />
• 24-3401-2000F – Omnibus Rulemaking<br />
Reauthorizing Agency Fee Chapter