S 1446

                    LEGISLATURE OF THE STATE OF IDAHO
 Sixty-eighth Legislature  Second Regular Session - 2026
                                   IN THE SENATE
                                SENATE BILL NO. 1446
                                BY FINANCE COMMITTEE
1AN ACT
2  RELATING TO APPROPRIATIONS; APPROPRIATING ADDITIONAL MONEYS TO THE DE-
3      PARTMENT OF HEALTH AND WELFARE FOR FISCAL YEAR 2027; APPROPRIATING
4      ADDITIONAL MONEYS TO THE JUDICIAL BRANCH FOR FISCAL YEAR 2027; AUTHO-
5      RIZING EXEMPTIONS FROM PROGRAM TRANSFER LIMITATIONS FOR BEHAVIORAL
6      HEALTH PROGRAMS; DIRECTING THE USE OF THE STATE-DIRECTED OPIOID SET-
7      TLEMENT FUND; PROVIDING FOR CONDITIONS, LIMITATIONS, AND RESTRICTIONS;
8      AND DECLARING AN EMERGENCY AND PROVIDING EFFECTIVE DATES.
9  Be It Enacted by the Legislature of the State of Idaho:
10      SECTION 1. In addition to any other appropriation provided by law,
11 there is hereby appropriated to the Department of Health and Welfare the
12 following amounts to be expended according to the designated programs for
13 trustee and benefit payments from the listed funds for the restoration of
14 assertive community treatment and peer support services for the period July
15 1, 2026, through June 30, 2027:
16 FOR:
17 I. DIVISION OF MEDICAID - BASIC MEDICAID PLAN:
18 FROM:
19 State-Directed Opioid Settlement Fund  $4,527,000
20 Idaho Millennium Income Fund  3,500,000
21 Cooperative Welfare (Federal) Fund  20,525,000
22  TOTAL  $28,552,000
23 II. MENTAL HEALTH SERVICES - ADULT MENTAL HEALTH:
24 FROM:
25 State-Directed Opioid Settlement Fund  $1,031,000
26 Idaho Millennium Income Fund  1,119,000
27  TOTAL  $2,150,000
28  GRAND TOTAL  $30,702,000
29     SECTION 2. In addition to any other appropriation provided by law,
30 there is hereby appropriated to the Judicial Branch in the Court Operations
31 Division for the District Courts Program the following amounts to be ex-
32 pended according to the designated expense classes from the State-Directed
                                      2
1  Opioid Settlement Fund for the restoration of peer support services for men-
2  tal health courts for the period July 1, 2026, through June 30, 2027:
3  FOR:
4  Operating Expenditures  $25,000
5  Trustee and Benefit Payments  225,000
6   TOTAL  $250,000
7SECTION 3. EXEMPTIONS FROM PROGRAM TRANSFER LIMITATIONS FOR BEHAVIORAL
8  HEALTH PROGRAMS. Notwithstanding any provisions of law to the contrary, the
9  Department of Health and Welfare is hereby exempted from the provisions of
10 Section 67-3511(2), Idaho Code, allowing unlimited transfers into the Ba-
11 sic Medicaid Plan Program and the Adult Mental Health Program from other pro-
12 grams within the department for all moneys appropriated to it for the period
13 July 1, 2025, through June 30, 2026, for the purpose of funding assertive
14 community treatment and peer support services.
15      SECTION 4. OPIOID SETTLEMENT FUND USAGE. The Legislature finds and de-
16 clares that assertive community treatment and peer support services serve
17 the overarching purposes of the national opioid settlements even though not
18 every person assertive community treatment and peer support services serves
19 suffers from opioid use disorder (OUD). In a time of fiscal exigency, every
20 dollar matters to ensure assertive community treatment and peer support ser-
21 vices remain viable. Therefore, in accordance with provisions in the opi-
22 oid settlement agreements that allow the state to use a limited percentage
23 of settlement funds for purposes not directly related to OUD, and notwith-
24 standing the provisions of section 57-825, Idaho Code, or any other provi-
25 sion of law to the contrary, of the amounts appropriated in Section 1 and
26 Section 2 of this act from the State-Directed Opioid Settlement Fund, up to
27 $5,808,000 may be used for assertive community treatment and peer support
28 services participants who face substance abuse disorders or mental health
29 conditions (SUD/MH) without co-occurring OUD as those terms are used in Ex-
30 hibit E, Schedule B of the settlement agreements.
31     SECTION 5. CONDITIONS, LIMITATIONS, AND RESTRICTIONS. Appropriations
32 made pursuant to this act are subject to the conditions, limitations, and re-
33 strictions specified in this act.
34      SECTION 6. An emergency existing therefor, which emergency is hereby
35 declared to exist, Section 3 of this act shall be in full force and effect on
36 and after passage and approval, and Sections 1, 2, 4, and 5 of this act shall
37 be in full force and effect on and after July 1, 2026.