Opinions, Guidelines and Certificates of Review Topical Index

(Please note that some of the Opinions and Guidelines listed below are for reference only. The actual Opinions and Guidelines can be found in the volumes of the Idaho Attorney General's Opinions and Annual Report.)

H

Health
Guideline 10/27/1987 - Health districts are required to deposit their funds with state, and should continue use of joint exercise of powers pool for investments.

Certificate 2/3/2010 - Initiative Petition Regarding Health Supplements and Therapeutics Protection Act.

Health Care
Certificate 2/16/2010 - Initiative Petition Regarding Idaho Health Care Freedom Act.

Health and Welfare
Opinion 75-35 - Tax Commission may obtain records from Bureau of Vital Statistics.

Opinion 75-37 - Appropriation to the Department of Social Services.

Opinion 75-38 - District health departments are state agencies subject to purchasing laws.

Opinion 75-61 - Protective custody prior to commitment.

Opinion 76-25 - Funds available for emergency housing.

Opinion 76-52 - Legality of residency requirements for medical assistance.

Opinion 76-61 - Scope of ministerial fiscal duties concerning health districts.

Opinion 77-43 - Release of information by Tax Commission relating to support and location of dependents.

Opinion 77-45 - Department has authority to require public notification of violation of state primary drinking water regulations, to adopt and enforce regulations, and to issue variances and exemptions to regulations.

Opinion 78-42 - Authority of Health and Welfare or local government to implement mandatory motor vehicle emissions program.

Opinion 80-6 - Health and Welfare cannot enter into collective bargaining agreement with Idaho Services Employee Union.

Opinion 80-14 - Idaho Medicaid Plan should be amended to comply with recent court decisions and U.S. Department of Health and Welfare.

Opinion 80-30 - A.G. Opinion No. 80-14 updated and superseded.

Guideline 1/22/1980 - Dissolved oxygen water quality standards.

Guideline 7/18/1980 - Authority of Health and Welfare to pay entire cost of prescription drug bill of Medicaid recipients in nursing homes.

Opinion 81-1 - Public disclosure of Medicaid cost and audit reports.

Opinion 81-13 - Department’s authority to retain personnel and its legal responsibility to carry out statutory programs after budget cuts.

Guideline 2/5/1981 - One-percent initiative and budget freeze statute do not repeal or supersede health district sixty-seven percent matching fund levy requirement.

Guideline 5/1/1981 - Restrictions by Health and Welfare Board and South Central Health District on city’s power to permit building units with septic tanks on lots smaller than required minimum.

Guideline 10/6/1981 - Legality of midwifery and birth registration requirements with Bureau of Vital Statistics.

Guideline 12/30/1981 - Compliance with management practices under Forest Practices Act and compliance with water quality standards.

Guideline 2/1/1982 - Use and distribution of monies by Joint Finance and Appropriations Committee pursuant to Idaho Conservation League’s “Quarter for Clean Air Program.”

Guideline 6/28/1983 - Effect upon contract between attorney and Bureau of Child Support Services by election of attorney’s spouse to legislature.

Guideline 8/2/1983 - Constitutionality of certain provisions of Idaho abortion and informed consent statutes.

Opinion 84-7 - Idaho Relative Responsibility Act is inconsistent with federal Social Security laws which prohibit state from requiring contribution for care of Medicaid recipients from relatives other than spouse or parent of minor.

Guideline 2/29/1984 - Department rules and regulations governing agreements between state and federal governments in cooperative medical assistance programs.

Guideline 3/1/1984 - Department of Health and Welfare must have consent or a warrant before entering private property to investigate pollution violations.

Opinion 85-10 - Provisions of Relative Responsibility Law, requiring relatives to repay nursing home expenses under Medicaid, violate Social Security Act.

Guideline 1/22/1985 - Proposed restrictive covenant banning “group homes” from residential neighborhoods is most likely unconstitutional and unenforceable on public policy grounds.

Guideline 2/12/1985 - Meaning of term “public place” as used in Clean Indoor Air Act.

Guideline 4/12/1985 - Fees intended to reimburse costs incurred by District Board of Health are “rules.”

Guideline 11/14/1985 - Children’s Trust Account Board’s powers and duties.

Guideline 12/19/1985 - Issuance of continuing garnishment to employer of parent delinquent on support obligation.

Guideline 1/22/1986 - The use of EMIT-d.a.u. assays by the Department of Correction for drug screening constitutes a laboratory and is therefore subject to regulations by Department of Health and Welfare.

Guideline 2/6/1986 - Advertisement in school newspaper by District Health Department listing services available for teens does not violate Idaho law.

Guideline 2/13/1986 - Proposed amendment to Idaho’s Relative Responsibility Act would probably not withstand court scrutiny.

Guideline 6/27/1986 - Special trust account is not appropriate repository for employee funds.

Opinion 87-4 - Boarding school providing 24-hour group care is subject to Child-Care Licensing Act.

Opinion 87-7 - Testing, treatment and quarantine of state prisoners for AIDS.

Guideline 7/14/1987 - Children remain in legal custody of parents until court enters order after hearing; Department of Health and Welfare is obligated to pay for costs of shelter care subject to reimbursement by parents.

Guideline 7/23/1987 - Department of Health and Welfare must have substantial competent evidence of violation before initiating shelter home license revocation proceedings.

Guideline 8/19/1987 - Involuntary mental commitment proceedings; costs.

Opinion 88-9 - Eighteen-month permanency planning review hearings, required by federal Adoption Assistance and Child Welfare Act, are not contested cases and thus need not comply with Idaho Administrative Procedure Act.

Guideline 7/18/1988 - Once custody of child is in department, judge may recommend, but not order, department to carry out particular placement or treatment programs.

Opinion 89-3 - Idaho Department of Health and Welfare must await state legislation required to conform with Medicare Catastrophic Coverage Act of 1988.

Opinion 93-1 - Abortion parental notification provision in I.C. § 18-609(6) is vulnerable to constitutional challenge.

Opinion 93-1 - County prosecutor is responsible for enforcing criminal provisions of Idaho Code, title 18, ch.6.

Opinion 93-1 - Criminal sanctions against abortion providers.

Opinion 93-1 - Department of Health and Welfare must provide abortion providers with printed materials and publish annual report.

Opinion 93-1 - Statute requiring that second-trimester abortions be performed in a hospital is unconstitutional.

Opinion 93-2 - Authority of Dept. of Health and Welfare to investigate child abuse reports within school facilities.

Opinion 93-2 - Liability for school personnel if child abuse investigation conducted in school facility.

Opinion 93-2 - Parental notification requirements in interview of suspected child abuse victim.

Opinion 93-2 - Responsibility of school personnel to report child abuse.

Opinion 93-9 - Religious exemption provision does not limit state's authority to provide medical services to children and does not affect normal reporting and investigation provisions for suspected child abuse.

Opinion 93-9 - Standard for state intervention for medical treatment of children.

Guideline 10/19/1993 - Department of Health and Welfare is statutorily authorized to charge operators of public water systems drinking water system fees and operators may pass the fees on to users.

Opinion 94-02 - Department of Health and Welfare must engage in formal rulemaking to implement nutrient management plan, and plan is subject to review by Idaho Legislature and Board of Health and Welfare.

Opinion 95-06 - Department of Health and Welfare's statutory subpoena power is not limited by Public Records Act.

Guideline 9/8/1995 - Department of Health and Welfare has right to access records of Commission on Aging regarding alleged adult abuse perpetrators.

Guideline 10/20/1995 - Fundraising efforts on behalf of a victim will not cause the victim to become ineligible for AABD or Medicaid so long as the funds are not held in the victim's name, are not available to the victim and are not the victim's money; however, payments made from a special needs trust to the victim for clothing, food or shelter may be considered income for eligibility purposes.

Certificate 3/19/1996 - Radioactive Waste Initiative.

Guideline 12/19/1996 - Department of Juvenile Corrections and Department of Health and Welfare have authority to contract with private residential facilities for placement and education of juvenile committed to their legal custody.

Guideline 12/19/1996 - Department of Juvenile Corrections and Department of Health and Welfare have responsibility to fund educational services for juvenile committed to their legal custody if such juvenile is educated at private facility; responsibility shifts to local school district if juvenile is accepted into public educational system; funding responsibility does not vary depending upon residence of juvenile.

Certificate 7/1/1997 - Radioactive Material Initiative.

Guideline 7/30/1998 - Specific language of Idaho Smoke Management Act, which prohibits promulgation of rules relating to burning of crop residue, and department of health and welfare's duty under Idaho Environmental Protection and Health Act to protect air quality, including issuance of emergency orders requiring cessation of air pollution emissions, govern over department of agriculture's general authority to regulate agricultural waste.

Guideline 6/7/2001 - Hotels and motels are probably "public pools" subject to State inspection and regulation, but definitions of "public" and "private" pools need to be clarified.

Health Insurer Protection Act
Certificate 2/17/2010 - Initiative Petition Regarding Health Insurer Protection Act.

Hearing Aid Dealers and Fitters, State Board of
Opinion 77-5 - Certification of hearing aid dealers and fitters – Audiologists.

Highway Districts
Opinion 79-6 - Authority of highway districts to impose traffic regulations.

Opinion 80-5 - Authority of county commissioners to change boundaries of and create new highway district.

Guideline 6/18/1987 - County roads cannot be abandoned merely by failing to include them on official highway district system map.

Guideline 4/12/1989 - All ordinances require affirmative vote of at least two members of full county-wide highway district commission.

Opinion 93-5 - Impact fees assessed by Ada County Highway District may be a tax and may not meet constitutional due process requirements.

Opinion 93-5 - Highway district may not assess impact fees against the state Human Rights.

Historical Society
Guideline 12/10/1982 - Treatment of interest earned on Historical Society assets.

Honest and Secure Money Act
Certificate 2/11/2010 - Initiative Petition Regarding Idaho Honest and Secure Money Act.

Horse Racing Commission
Guideline 4/2/1982 - Distribution of receipts collected by Idaho Horse Racing Commission.

Guideline 9/3/1982 - Promoting industry is not a function of Horse Racing Commission.

Hospitals
Opinion 75-7 - Hospital Board meetings and records.

Opinion 78-20 - Constitutionality of participation of church-related hospitals in Hospital Liability Insurance Trust.

Guideline 2/6/1980 - Authority of county commissioners to lease or sell county hospital.

Guideline 9/16/1986 - County hospital may transfer real and personal property to newly-formed hospital district.

Guideline 6/29/1987 - Hospital district remains valid even though only clinic or ambulance services are offered by district; hospital districts must be dissolved pursuant to state law.

Guideline 5/28/1992 - A hospital district may not enter into a joint business enterprise with private parties.

Housing Agency
Opinion 12-2 - To serve as a project based contract administrator, an entity must meet the definition of a “public housing agency” under the U.S. Housing Act.

Opinion 12-2 - In Idaho, the only type of entity that qualifies as a public housing agency is a “housing authority,” which is a creature of Idaho statute. Because an out-of-state entity cannot qualify as a housing authority in Idaho, it does not meet the definition of a “public housing agency,” and, therefore, may not operate as a project based contract administrator in Idaho.

Opinion 12-2 - Housing authorities created by Idaho cities or counties are empwered to operate only within their limited boundaries. The Idaho Housing and Finance Association, on the other hand, has statutory authority to serve the entire population of Idaho.

Human Rights
Opinion 78-2 - Relation of Human Rights Rules and Regulations to concept governing Human Rights Commission. Status of the Commission as a 706 deferral agency.

Guideline 8/2/1991 - Idaho Human Rights Act prohibits cities from discrimination based upon race, sex, color, national origin or religion in employment and benefits.

Opinion 93-11 - Proposed initiative by Idaho Citizens Alliance violates constitutional equal protection guarantees, free speech rights and equal access to political process.

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