Merit Institute Merit

The Idaho Government Transparency & Performance Act (ID-GT&P)

Idaho state companion to GT&P. Extends Idaho Division of Human Resources (Idaho Code Title 67 Ch. 53), Idaho Public Records Act (Title 74), and Idaho Medicaid fraud recovery under Idaho Code Title 56 Ch. 2.

THE IDAHO GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (ID-GT&P)

Vehicle: State passage. Idaho Legislature, regular session. Primary referral to House / Senate State Affairs / Joint Finance-Appropriations Committee.

SECTION 1. SHORT TITLE

This Act may be cited as the “Idaho Government Transparency & Performance Act (ID-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that the Division of Human Resources operates under Idaho Code Title 67 Ch. 53; that the Idaho Public Records Act operates under Idaho Code Title 74; that the Legislative Services Office provides fiscal notes under Idaho Code Title 67 Ch. 4; that the Division of Financial Management administers the Executive Budget under Idaho Code Sec. 67-1910; that Idaho does not have a general False Claims Act but recovers Medicaid fraud under Idaho Code Title 56 Ch. 2 (Sec. 56-227B et seq., false or misleading Medicaid statements); and that the Medicaid Program Integrity Unit and Medicaid Fraud Control Unit operate under the Office of the Attorney General pursuant to 42 U.S.C. Sec. 1396b(q). This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH IDAHO LAW

Sec. 101. Definitions

  1. (a) “ID-DFM” means the Division of Financial Management.
  2. (b) “Publicly visible outcome” means a metric published under Sec. 201.
  3. (c) “MFCA” means Idaho’s Medicaid fraud-recovery authority under Idaho Code Sec. 56-227B et seq.

Sec. 102. Coordination with Existing Idaho Law

  1. (a) Consistent with:
  • Idaho Code Title 67 Ch. 53 (Division of Human Resources).
  • Idaho Code Title 74 (Public Records).
  • Idaho Code Sec. 67-1910 (Division of Financial Management).
  • Idaho Code Title 56 Ch. 2 (Medicaid fraud).

TITLE II — OUTCOME-BASED BUDGETING

Sec. 201. Outcome Metrics for Covered Programs

  1. (a) Each covered program in the Executive Budget shall publish at least three outcome metrics.
  2. (b) The Division of Financial Management shall publish the Idaho Outcome Dashboard in machine-readable form.

Sec. 202. Fiscal-Note Outcome Integration

  1. (a) Legislative Services Office fiscal notes shall identify outcome metrics from Sec. 201.

TITLE III — CIVIL-SERVICE MERIT PROTECTIONS

Sec. 301. Codification of Performance-Standards Protections

  1. (a) Idaho Code Title 67 Ch. 53 is amended so that nothing precludes policy-influencing-position classifications with publicly posted performance standards.
  2. (b) Classifications consistent with Idaho Code Sec. 67-5303 (exempt employees).

TITLE IV — IDAHO MEDICAID FRAUD QUI TAM (MFCA Rewire)

Sec. 401. Medicaid Fraud Qui Tam Authority

  1. (a) Given that Idaho does not have a general False Claims Act, this Title operates as a Medicaid-specific qui tam authority under Idaho Code Sec. 56-227B et seq. and in coordination with the Medicaid Fraud Control Unit under 42 U.S.C. Sec. 1396b(q).

Sec. 402. Credentialing and Outcome-Data Fraud

  1. (a) A person presenting a materially false or fraudulent claim involving IDRMC, Federal FRAC, ID-OBSA outcome data, or Medicaid-related credential claims is liable to the State for a civil penalty and treble damages.

Sec. 403. Whistleblower Award

  1. (a) A whistleblower whose information leads to recovery shall receive between 15 and 30 percent of the State recovery, as determined by the Attorney General.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect July 1 of the year following enactment.

Canonical federal version: GT&P. Other Idaho bills: ID-ACSA, ID-MEWRA, ID-AI-Workforce.