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Committee advances bill restricting Health and Welfare from making budget-implicating policy changes outside session
Summary
The committee voted to advance House Bill 90, a bill that would limit the Department of Health and Welfare’s ability to make policy changes with budget implications outside the legislative session, following debate about agency flexibility and a cited program deficit.
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The Senate Health and Welfare Committee on Thursday advanced House Bill 90 to the Senate floor with a do-pass recommendation. Sponsor Senator Brian Lenney described the bill as preventing the Department of Health and Welfare from making policy decisions that have budget implications outside the legislative session.
Lenney cited recent changes to Idaho's childcare program as an example, saying the department used state plan amendments and rule changes that he said led to a budget shortfall. "They changed eligibility via rule, they canceled co-pays via SPA, and then they paid a higher local market rate via SPA," he said, and added those changes "resulted in $50,000,000 in the hole." Later in the discussion he referenced the same episode as a $15,000,000 shortfall; the transcript contains both figures.
Senator Melissa Wintrow, who said she served on the committee during the earlier rule action, disputed parts of Lenney's characterization. She noted that the Department presented estimates to the committee and that lawmakers voted to support the expanded rule because it would help more families obtain childcare. Wintrow said converting rules to law could reduce future flexibility and urged careful consideration of potential downsides.
Senator Keiser moved to send the bill to the floor with a do-pass recommendation; Senator Shippey seconded. The committee approved the motion by voice vote. The transcript records ayes and the Chair asked that Senator Wintrow's vote be changed to an aye; no roll-call tally is recorded.
The bill seeks to increase legislative oversight of agency actions that have budget implications. The committee record includes disagreement over the appropriate balance between legislative control and administrative flexibility; the transcript does not record any fiscal note or independent verification of the shortfall figures cited during debate.
