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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
807
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
MEDICAID;
AMENDING
CHAPTER
22,
TITLE
56,
IDAHO
CODE,
BY
THE
AD
-
2
DITION
OF
A
NEW
SECTION
56
-
2208,
IDAHO
CODE,
TO
PROVIDE
LEGISLATIVE
AP
-
3
PROVAL
FOR
CERTAIN
STATE
PLAN
AMENDMENTS
AND
WAIVERS
AND
TO
ESTABLISH
4
PROVISIONS
REGARDING
FAMILY
PERSONAL
CARE
SERVICES;
AND
DECLARING
AN
5
EMERGENCY.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Chapter
22,
Title
56,
Idaho
Code,
be,
and
the
same
is
8
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
9
ignated
as
Section
56
-
2208,
Idaho
Code,
and
to
read
as
follows:
10
56
-
2208.
LEGISLATIVE
APPROVAL
-
-
FAMILY
PERSONAL
CARE
SERVICES.
(1)
1
1
The
department
of
health
and
welfare
is
authorized
to
and
shall
submit
to
the
12
centers
for
medicare
and
medicaid
services
all
state
plan
and
waiver
author
-
13
ities
required
to
allow
for
legally
responsible
individuals
to
provide
per
-
14
sonal
care
services.
15
(2)
Personal
care
services
provided
by
a
legally
responsible
individ
-
16
ual
pursuant
to
this
section
shall:
17
(a)
Be
limited
to
twenty
-
five
(25)
hours
per
week
at
the
assessed
level
18
of
care
as
determined
by
the
department
of
health
and
welfare;
and
19
(b)
Be
subject
to
oversight
as
deemed
necessary
by
the
department
of
20
health
and
welfare.
21
(3)
Nothing
in
this
section
shall
be
construed
to
prohibit
an
individ
-
22
ual
who
requires
more
than
twenty
-
five
(25)
hours
per
week
of
personal
care
23
services
from
receiving
such
additional
care
from
a
non
-
legally
responsible
24
individual
in
accordance
with
applicable
law.
25
(4)
The
number
of
legally
responsible
individuals
authorized
to
pro
-
26
vide
personal
care
services
at
one
time
pursuant
to
this
section
shall
not
27
exceed
one
thousand
(1,000).
28
(5)
The
department
of
health
and
welfare
may
promulgate
rules,
subject
29
to
legislative
approval,
to
establish
procedures
regarding
the
creation
and
30
management
of
a
wait
list
and
otherwise
carry
out
the
provisions
of
this
sec
-
31
tion.
32
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
33
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
34
passage
and
approval.
35