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Committee forwards streamlined licensing bill after debate over federal hospital definition
Summary
Senate Bill 10-15, a broad deregulation and licensing streamlining bill for hospitals and medical providers, advanced to the floor with a “do pass” recommendation after committee members questioned a provision that incorporates the federal Social Security Act/CFR hospital definition by reference.
The House Health and Welfare Committee voted to send Senate Bill 10-15 to the floor with a “do pass” recommendation after a substantive discussion about whether Idaho should incorporate the federal definition of “hospital” by reference.
Representative Josh Wheeler, District 35, described the bill as a “streamlined Licensing and Inspection Act” that would reduce duplicative state licensing requirements for hospitals and medical providers that are already regulated by the Centers for Medicare & Medicaid Services (CMS). Wheeler said the bill would treat a provider that meets CMS requirements as licensed in Idaho, eliminating some state rules and administrative burden.
One witness, Brandon Durst, testified in opposition focused narrowly on the bill’s change to the definition of “hospital.” Durst argued that incorporating the federal definition by reference could expose Idaho law to federal changes, including those affecting reproductive-health policy. Durst said: “If we continue if we allow our definition to be incorporated by reference to the federal government we are opening ourselves up for potential changes to that definition that could cause significant issues to Idaho's, abortion statutes.”
Representatives and stakeholders questioned that concern. Robert Vandermurray (identified in the record as representing the Idaho Healthcare Association) said incorporation by reference is unlikely to create practical problems because Idaho hospitals seeking Medicare/Medicaid certification must already meet federal definitions to receive CMS payments.
Laura Studi, administrator for the Division of Licensing and Certification at the Department of Health and Welfare, told the committee that referring to the federal definition allows Idaho to license and certify evolved hospital types (including specialty hospitals) without creating barriers or lag as federal definitions change.
Representative Lucas Kaler moved a substitute motion to send the bill to the amending order to address concerns about incorporating the federal definition; that substitute motion failed on a committee voice roll. The committee then voted to send the bill to the floor with a due-pass recommendation.
The bill would eliminate multiple pages of state rules and is described by the sponsor as reducing duplicative reporting and compliance requirements; the committee discussion did not adopt an amendment to remove the incorporation-by-reference language before advancing the bill.
