(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.

Terms Used In Idaho Code 67-5286

  • Chief administrative hearing officer: means the administrator of the office of administrative hearings created pursuant to section 67-5280, Idaho Code. See Idaho Code 67-5201
  • Contested case: means a proceeding that results in the issuance of an order. See Idaho Code 67-5201
  • Oversight: Committee review of the activities of a Federal agency or program.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(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.