TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5286.  conduct of contested case proceedings. (1) Notwithstanding any other provision of this chapter, the office of administrative hearings shall not conduct contested case proceedings until January 1, 2023. Contested case proceedings commenced prior to that date shall proceed under the law as it existed as of June 30, 2022, unless the hearing for such contested case did not commence prior to January 1, 2023. Provided, however, the office of administrative hearings shall not conduct department of health and welfare contested case hearings until January 1, 2024, and such hearings commenced prior to that date shall be completed by the department of health and welfare.

(2)  The department of health and welfare shall expeditiously submit to the centers for medicare and medicaid services (CMS) all that may be required for CMS to approve the conduct of department of health and welfare contested case hearings by the office of administrative hearings commencing on January 1, 2024, as provided for in subsections (1) and (3) of this section, including but not limited to state plan amendments, waivers, and memorandums of agreement. The governor, by and through the director of the department of health and welfare, shall retain the authority to exercise appropriate oversight of hearings necessary to comply with requirements described in 42 U.S.C. 1396a and related regulations.

(3)  The governor may, after notice to the chief administrative hearing officer, extend the date on which the office of administrative hearings is to commence conducting department of health and welfare contested case hearings as provided for in subsection (1) of this section until CMS has approved the conduct of hearings by the office of administrative hearings.

History:

[67-5286, added 2022, ch. 287, sec. 11, p. 918.]