Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
852
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
HOSPITALS;
PROVIDING
LEGISLATIVE
FINDINGS
AND
INTENT;
AMEND
-
2
ING
CHAPTER
13,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
3
39
-
1360,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
CONTINUING
4
ACCOUNTABILITY
FOR
DISTRICT
-
CONVERTED
HOSPITALS;
AND
DECLARING
AN
5
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
LEGISLATIVE
FINDINGS
AND
INTENT.
(1)
The
Legislature
finds
8
that:
9
(a)
Idaho
law
authorizes
the
conveyance
of
public
hospital
district
as
-
10
sets
to
nonprofit
corporations
under
specific
statutory
conditions
in
-
1
1
tended
to
preserve
community
accountability,
transparency,
and
public
12
benefit;
13
(b)
Subsequent
experience
has
revealed
that
the
elimination
of
pub
-
14
lic
governance
structures
may
significantly
reduce
public
oversight,
15
transparency,
and
local
control
over
essential
health
care
institu
-
16
tions;
and
17
(c)
Public
trust
in
health
care
governance
is
a
compelling
state
in
-
18
terest
and
that
additional
safeguards
are
necessary
to
ensure
that
non
-
19
profit
hospitals
receiving
public
assets
continue
to
operate
consis
-
20
tently
with
the
public
purposes
for
which
those
assets
were
conveyed.
21
(2)(a)
It
is
the
intent
of
the
Legislature
that
this
act
be
remedial
and
22
prospective
in
nature
and
to
clarify,
enforce,
and
preserve
the
condi
-
23
tions
under
which
public
hospital
assets
may
continue
to
be
held
by
non
-
24
profit
entities.
25
(b)
It
is
not
the
intent
of
the
Legislature
to
invalidate
or
retroac
-
26
tively
void
any
prior
lawful
conveyance,
but
rather
to
establish
rea
-
27
sonable
conditions
on
the
continued
holding
and
control
of
public
hos
-
28
pital
assets
in
order
to
protect
patients,
taxpayers,
and
local
commu
-
29
nities.
30
SECTION
2.
That
Chapter
13,
Title
39,
Idaho
Code,
be,
and
the
same
is
31
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
32
ignated
as
Section
39
-
1360,
Idaho
Code,
and
to
read
as
follows:
33
39
-
1360.
CONTINUING
ACCOUNTABILITY
FOR
DISTRICT
-
CONVERTED
HOSPI
-
34
TALS.
(1)
Any
nonprofit
hospital
corporation
that
has
received
hospital
35
facilities
or
assets
from
a
hospital
district
pursuant
to
section
39
-
1359,
36
Idaho
Code,
shall
remain
subject
to
the
requirements
of
this
section
37
notwithstanding
the
dissolution
of
the
hospital
district.
38
(2)
A
nonprofit
hospital
as
described
in
subsection
(1)
of
this
section
39
shall
annually
publish
and
make
publicly
available:
40
2
(a)
A
description
of
its
membership
structure,
including
eligibility
1
criteria
and
selection
process;
2
(b)
The
method
by
which
members
nominate
and
select
members
of
the
gov
-
3
erning
board;
4
(c)
A
list
of
governing
board
members,
terms
of
service,
and
any
mate
-
5
rial
conflicts
of
interest;
and
6
(d)
A
summary
of
any
material
transactions,
affiliations,
or
negoti
-
7
ations
that
may
result
in
a
transfer
of
control,
merger,
or
consolida
-
8
tion.
9
(3)
A
failure
to
comply
with
the
provisions
of
this
section
shall
con
-
10
stitute
a
violation
of
the
conditions
under
which
the
hospital
assets
were
1
1
conveyed
pursuant
to
section
39
-
1359,
Idaho
Code,
and
shall
be
enforceable
12
by
the
attorney
general
through
an
action
for
declaratory
or
injunctive
re
-
13
lief
in
district
court.
14
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
15
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
16
July
1,
2026.
17