Tag: <span>Idaho legislature</span>

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When Senate President Pro-Tem Brent Hill, R-Rexburg, said last week, “It’s not lost on us that we’re dealing with people’s lives here,” he was saying something that needed to be said . . . in that, a lot of Idahoans probably do think concerns about their health care have been lost on the legislators. Or at least on many of them.

When the Idaho Legislature has in recent years discussed establishing a health insurance exchange, something many other states have, the debate has tended to center on a discussion of just how evil the federal government is. The health of Idahoans wasn’t a factor, at least in their debate. Sometimes didn’t come up at all.

Lawmakers will get another chance to consider all this beginning Monday, when the legislature returns to town and starts to review a proposal on health care from Governor C.L. “Butch” Otter.

Otter has asked committees to look into the subject of expanding Medicare in Idaho as many other states have, and from those panels has gotten back responses in the affirmative. Actually following through remains politically problematic, mainly because the Idaho Legislature has given no indication it wants to go there. Evidently by way of trying to do something that might win legislative support (and it may), Otter proposed last week a $30 million program intended to address the medical needs of the 78,000 or so Idahoans who have no affordable health coverage.

The plan would cover enrollment at a clinic near where people live, and patients there could get an assessment and a plan for meeting their health needs, and maybe a prescription discount. Those are not bad things, and could help some people’s health and maybe reduce emergency room use. But actual substantial medical care, meaning more significant (or expensive) care such as hospitalization, the core of what an expanded Medicaid would provide and the kind of issues that have ruined many lives financially and otherwise, would not be covered.

Idahoans would get a health service some of them don’t have now. But the proposal drew a quick response from a large group of health care providers which pointed out its severe limitations.

Neva Santos, Executive Director, Idaho Academy of Family Physicians, said, “While investing in primary care is useful, as offered by PCAP, it will not provide the needed diagnostic or treatment options to maximally keep patients out of the emergency room or from costly hospitalization.”

Senate Minority Leader Michelle Stennett: “We’re still paying into the Medicaid expansion program we don’t receive any benefit from, so the dollars go to other states. We’re still taking care of CAT fund and indigent funds in our counties and cities, and now we’re being asked as taxpayers to pay $30 million for a new program.”

Expanding Medicaid would, by some estimates, save state taxpayers $173 million over the next decade.

Hill acknowledged that Otter’s proposal wouldn’t cover near what Medicaid would, but “There are other states that are looking at other alternatives that we may learn from, that we may be able to emulate somewhere down the road. We’ve gone 100 years without providing this service, we want to do it right. And this seems like a good step.”

He and Health & Welfare Director Richard Armstrong pointed out too that enacting this program wouldn’t mean Idaho couldn’t do more – such as a Medicaid expansion – later. And that’s true.

But it’s not hard to image future legislators saying, “We already took care of that,” whenever is raised the subject of actual serious medical coverage for the 78,000.

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“But they’re closed on Saturday!”

And not there on Friday either.

The Idaho Supreme Court decision last week throwing out Governor C.L. “Butch” Otter’s veto of the bill to ban instant horse racing at Les Bois Park, an action which has split pieces of the state executive and legislative branches down the middle, reads like a complex and abstract piece in most news reports. Attorney David Leroy called it a “sweeping and significant precedent.” Otter said he was certain the the veto he signed was valid.

What the court decision mostly was, was a recital of the law.

Let’s break it down.

Late in the afternoon of March 30, a Monday, Senate Bill 1011 (the racing bill) was physically carried to Otter’s office. He then could sign it into law, if he chose, or do nothing, in which case the bill would become law automatically. (Governors sometimes but not usually do this.) Or, he could veto it, but if he wanted to do that, he had to act promptly. The Idaho Constitution says: “Any bill which shall not be returned by the governor to the legislature within five days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it,” unless the legislature has already adjourned for the year. Which it hadn’t.

Otter’s choice was a veto, and he may have signed his veto message on April 3, a Friday. That’s within the five-day period. But the Constitution says the vetoed bill had to be returned to the legislature, specifically to the Senate, within those five days – that is, by Saturday afternoon. There was a complication: That was Easter weekend, and the legislature had adjourned on Thursday to take three days off.

Whether because of sloppiness or over-confidence or some other motivation, Otter or his staff must have thought it would be all right if the vetoed bill went back to the Senate the next Monday morning – which was more than five days (with Sunday not counted) after the bill was presented to him. What’s a few hours among friends?

And besides, what choice did he have? The legislature wasn’t there on Friday, right? The office doors were closed. How could he return the bill?

But the Idaho code actually covers a case like this. It says (in Section 67-504), “If, on the day the governor desires to return a bill without his approval and with his objections thereto to the house in which it originated, that house has adjourned for the day (but not for the session), he may deliver the bill with his message to the presiding officer, clerk, or any member of such house, and such delivery is as effectual as though returned in open session, if the governor, on the first day the house is again in session, by message notifies it of such delivery, and of the time when, and the person to whom, such delivery was made.”

In other words, the veto could have stuck if the governor’s office had on Friday or Saturday tracked down any state senator and handed him or her the vetoed bill – and then formally notified the Senate on Monday.

It helps if you know how things work. And what the law says.

The Idaho Supreme Court did make an interesting and possibly new point about “standing” when it held the Coeur d’Alene Tribe had standing to bring the case. But when it came to deciding this convoluted question of whether the veto was valid or not, it simply recited the law.

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