Bill Description: House Bill 160 would require the "board of trustees of the Idaho district boards of health" to adopt risk/benefit fact sheets for all new and existing health care services offered by district health departments. 

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Does it in any way restrict public access to information related to government activity or otherwise compromise government transparency, accountability, or election integrity? Conversely, does it increase public access to information related to government activity or increase government transparency, accountability, or election integrity?

House Bill 160 would amend sections 39-411 and 39-416, Idaho Code, and create Section 39-427, Idaho Code, which all deal with Idaho's district boards of health and the "board of trustees of the Idaho district boards of health" that allocate appropriations from the Legislature to the individual health districts.

The bill would create a new responsibility for the board of trustees: to "adopt risk/benefit fact sheets and analyses pursuant to section 39-427, Idaho Code," which is the new section of Idaho Code created by this bill. 

This new section would require the board of trustees to "annually develop and, by administrative rule, adopt a risk/benefit fact sheet for all existing health care services offered by district health departments." Trustees would also be instructed to "prepare a detailed analysis of each service, including supporting documentation for the risks and benefits included in the fact sheet associated with such service," and to make the analysis "available upon request to a person considering a service offered by a district health department."

The new section would also require that, "in order to provide informed consent to any health care services offered by a district health department, a person must first review and sign a risk/benefit fact sheet for each particular service that the person is considering."

Another provision says, "Prior to adoption of any risk/benefit fact sheet and analysis pursuant to subsection (3) of this section, the proposed fact sheet and analysis must be approved by majority vote of each district board of health. If at least twenty-five percent (25%) of the members of district boards of health statewide vote against adopting a proposed risk/benefit fact sheet and analysis, then such dissenting members may adopt a minority report, provided that the each dissenting member must concur with the minority report."

The risk/benefit fact sheets would be part of administrative rules, which are subject to review and oversight by the Legislature. 

A new provision would also require that, "if there is a minority report adopted pursuant to section 39-427(5), Idaho Code, then such report shall be transmitted along with the proposed rule to the director of the legislative services office, and such office shall include comment on the minority report in the analysis provided pursuant to section 67-704, Idaho Code."

It also clarifies that "all rules submitted to the legislature by the board of trustees must be approved by concurrent resolution by both houses of the legislature, or such rules shall expire at the conclusion of the regular legislative session."

The net impact of House Bill 160 would be to increase accountability and transparency for Idaho's public health districts. The risk/benefit fact sheets would add transparency for individuals seeking or receiving services from a health district. The enhanced legislative oversight — including a review of minority reports — would increase accountability for these districts and the boards of trustees that oversee them. 

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