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Committee approves repeal of some state hospital licensing rules; CMS-certified hospitals to be deemed licensed in Idaho
Summary
The committee approved temporary rules that would repeal certain Idaho hospital licensing requirements and rely on federal CMS certification for hospitals seeking Medicaid/Medicare reimbursement.
The Senate Health and Welfare Committee approved a temporary rule docket that would repeal certain state hospital licensing requirements and allow hospitals that are certified by the federal Centers for Medicare & Medicaid Services (CMS) to be deemed licensed in Idaho.
Jared Larson, legislative and regulatory affairs chief for the Department of Health and Welfare, told the committee the change mirrors federal CMS certification standards and removes state-level requirements that had been more restrictive than federal rules. "If you are a licensed hospital in the state, by CMS in the state of [Idaho], you're deemed licensed in Idaho," Larson said, summarizing the effect of the repeal.
Larson told the committee the department is working with Senator Blaylock on legislation to move policy choices from administrative rule back to statute. "Policy should begin at the legislature," Larson said, arguing the department should not be making policy decisions by rule where the legislature can act.
Senator Wintrow asked whether the change affects eligibility or access; Larson answered it does not change patient eligibility or accessibility standards, only removes duplicative state licensing burdens for hospitals already inspected under CMS standards. The committee approved the temporary docket by voice vote.
The memo accompanying the docket, as described in the committee presentation, keeps in effect temporary rules approved in the prior session until July 1 to preserve continuity while the statutory work proceeds.
The action removes overlapping state licensing requirements for hospitals that accept CMS patients and shifts the policy question to the Legislature for any future, more restrictive standards.
