NOTICE OF RULEMAKING – PENDING RULE – DOCKET NO. 21-0101-2501 (ZBR CHAPTER REWRITE)

IDAPA 21 – DIVISION OF VETERANS SERVICES
21.01.01 – RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE
CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF
VETERANS SERVICES ADMINISTRATIVE PROCEDURE
DOCKET NO. 21-0101-2501 (ZBR CHAPTER REWRITE)
NOTICE OF RULEMAKING – ADOPTION OF PENDING RULE

EFFECTIVE DATE: This rule has been adopted by the agency and is now pending review by the 2026 Idaho State Legislature and must be approved by concurrent resolution of the Legislature to go into effect, in accordance with Section 67-5224(2)(c), Idaho Code. Should the pending rule be approved, it will become final and effective on July 1 following the Second Regular Session of the Sixty-eighth Idaho Legislature, unless the concurrent resolution states a different effective date.

AUTHORITY: In compliance with Section 67-5224, Idaho Code, notice is hereby given that this agency has adopted a pending rule. The action is authorized pursuant to Sections 65-202, 65-204, and 66-907, Idaho Code.

DESCRIPTIVE SUMMARY: The following is a concise explanatory statement of the reasons for adopting the pending rule and a statement of any change between the text of the proposed rule and the text of the pending rule with an explanation of the reasons for the change:

This rule change excises obsolete language related to the no longer existing domiciliary and residential program at the Idaho State Veterans Home in Boise. Additionally, it updates language regarding the skilled nursing program in line with changes to federal Centers for Medicare & Medicaid Services (CMS) regulations in the Code of Federal Regulations (CFR).

There are no changes to the pending rule, and it is being adopted as originally proposed. The complete text of the proposed rule was published in the July 2, 2025 Idaho Administrative Bulletin, Vol. 25-7, pages 106-122.

FEE SUMMARY: Pursuant to Section 67-5224(2)(d), Idaho Code, a pending fee rule shall not become final and effective unless affirmatively approved by concurrent resolution of the Legislature. The following is a description of the fee or charge imposed or increased in this rulemaking: N/A.

FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state General Fund greater than ten thousand dollars ($10,000) during the fiscal year: N/A.

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this pending rule, contact Kevin Wallior, 208-780-1308.

DATED this August 13, 2025.
Kevin R. Wallior, Management Assistant
Idaho Division of Veterans Services
351 N. Collins Road
Boise, ID 83702
Ph: 208-780-1308; fax: 208-780-130
Email: kevin.wallior@veterans.idaho.gov

Download the Idaho Administrative Bulletin Volume 25-9 page 56 or view it at the Office of the Administrative Rules Coordinator website: Volume 25-9 pages 56.

NOTICE OF RULEMAKING – PROPOSED RULE – DOCKET NO. 21-0101-2501 (ZBR CHAPTER REWRITE)

IDAPA 21 – DIVISION OF VETERANS SERVICES
21.01.01 – RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE
CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF
VETERANS SERVICES ADMINISTRATIVE PROCEDURE
DOCKET NO. 21-0101-2501 (ZBR CHAPTER REWRITE)
NOTICE OF RULEMAKING – PROPOSED RULE

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has initiated proposed rulemaking procedures. The action is authorized pursuant to Sections 65-202, 65-204, and 66-907, Idaho Code.

PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, not later than July 16, 2025.

The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below.

DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking:

This rule change excises obsolete language related to the no longer existing domiciliary and residential program at the Idaho State Veterans Home in Boise. Additionally, it updates language regarding the skilled nursing program in line with changes to federal CMS regulations in CFR.

FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: N/A.

FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year resulting from this rulemaking: N/A.

NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(1), Idaho Code, negotiated rulemaking was conducted. The Notice of Intent to Promulgate Rules – Negotiated Rulemaking was published in the April 2, 2025, Idaho Administrative Bulletin, Volume 25-4 pages 39-40.

INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief synopsis of why the materials cited are being incorporated by reference into this rule: 5 U.S.C. Section 2108(I) is the federal definition of Veterans and dependents eligible for services and 38 CFR Part 51, Subpart A, B, C, and D are the relevant sections of federal code governing State Veterans Homes.

ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Kevin Wallior 208-780-1308.

Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before July 23, 2025.

DATED this 16th day of May, 2025.
Kevin R. Wallior, Management Assistant
Idaho Division of Veterans Services
351 N. Collins Road
Boise, ID 83702
Ph: 208-780-1308
fax: 208-780-1301
Email: kevin.wallior@veterans.idaho.gov

Download the Idaho Administrative Bulletin Volume 25-7 July 2025 or view it at the Office of the Administrative Rules Coordinator website: Volume 25-7 pages 106-122.

Idaho Veterans Affairs Commission Quarterly Meeting

The next Idaho Veterans Affairs Commission Quarterly Meeting is on July 9, 2025 at the Idaho State Veterans Home in Post Falls. You can also join via Microsoft Teams using this link: Join the meeting now.

IVAC AGENDA (July 2025)

Notice of Intent to Promulgate Rules – Zero-Based Regulation Negotiated Rulemaking

IDAPA 21 – DIVISION OF VETERANS SERVICES
21.01.01 – RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE
CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF
VETERANS SERVICES ADMINISTRATIVE PROCEDURE
DOCKET NO. 21-0101-2501
NOTICE OF INTENT TO PROMULGATE RULES –
ZERO-BASED REGULATION (ZBR) NEGOTIATED RULEMAKING

AUTHORITY: In compliance with Sections 67-5220(1) and 67-5220(2), Idaho Code, notice is hereby given that this agency intends to promulgate rules and desires public comment and input prior to initiating formal rulemaking procedures. This negotiated rulemaking action is authorized pursuant to Sections 65-202, 65-204, and 66-907, Idaho Code.

MEETING SCHEDULE: Negotiated rulemaking meetings will be held as follows:

Wednesday, April 23, 2025, 2:00 p.m. MT
Idaho Division of Veteran Services
351 N. Collins Rd.
Boise, ID 83702
Join by Meeting Link: Join the meeting now

IDAPA 21.01.01 Negotiated Rulemaking Post-Meeting #1 Notes_04232025

Wednesday, May 7, 2025, 2:00 p.m. MT
Idaho Division of Veteran Services
351 N. Collins Rd.
Boise, ID 83702
Join by Meeting Link: Join the meeting now

IDAPA 21.01.01 Negotiated Rulemaking Post-Meeting #2 Notes_05072025

The meeting sites will be accessible to persons with disabilities, if needed. Requests for accommodation must be made not later than five (5) days prior to the meeting to the agency address below.

METHOD OF PARTICIPATION: Persons wishing to participate in the negotiated rulemaking meetings must do either of the following:
Be present at 351 N. Collins Road Boise, ID 83702, or online via the Microsoft Teams Link provided in this notice.
Upon conclusion of the negotiated rulemaking, any unresolved issues, all key issues considered, and conclusion reached during the negotiated rulemaking will be addressed in a written summary. The summary will be made available to interested persons who contact the agency or, if the agency chooses, the summary may be posted on the agency website.

DESCRIPTIVE SUMMARY AND STATEMENT OF PURPOSE: The following is a statement in nontechnical language of the substance and purpose of the intended negotiated rulemaking and the principal issues involved:

This negotiated rulemaking is to engage with stakeholders regarding the necessity to excises obsolete language related to the no longer existing domiciliary and residential program at the Idaho State Veterans Home in Boise. Additionally, the need to update language regarding the skilled nursing program to bring the rule in line with changes to federal CMS regulations in CFR.

ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS, OBTAINING DRAFT COPIES: For assistance on technical questions concerning this negotiated rulemaking or to obtain a preliminary draft copy of the rule text, contact Kevin Wallior at 208-780-1308. Materials pertaining to the negotiated rulemaking, including any available preliminary rule drafts, can be found on the IDVS website at the following web address: https://veterans.idaho.gov.

Anyone may submit written comments regarding this negotiated rulemaking. All written comments must be directed to the undersigned and must be delivered on or before May 7, 2025.

DATED this 18th day of March, 2025.
Kevin R. Wallior
Management Assistant
Idaho Division of Veterans Services
351 N. Collins Road
Boise, ID 83702
Ph: 208-780-1308
Email: kevin.wallior@veterans.idaho.gov
https://veterans.idaho.gov

Idaho Administrative Bulletin Volume 25-4 April 2025

IDAPA 21.01.01 draft changes with comments

Idaho Veterans Affairs Commission Quarterly Meeting

The next Idaho Veterans Affairs Commission Quarterly Meeting is on January 9, 2025 at the IDVS Central Support Office in Boise.

IVAC AGENDA (January 2025)

Idaho Veterans Affairs Commission Quarterly Meeting

The next Idaho Veterans Affairs Commission Quarterly Meeting is on October 23, 2024 at the Idaho State Veterans Home in Lewiston.

IVAC AGENDA (October 2024)

Notice of Rulemaking – Adoption of Temporary Rule

IDAPA 21 – DIVISION OF VETERANS SERVICES

21.01.04 – RULES GOVERNING IDAHO STATE VETERANS CEMETERIES

DOCKET NO. 21-0104-2401

NOTICE OF RULEMAKING – ADOPTION OF TEMPORARY RULE

EFFECTIVE DATE: The effective date of the temporary rule is April 10, 2024.

AUTHORITY: In compliance with Sections 67-5226, Idaho Code, notice is hereby given this agency has adopted a temporary rule. The action is authorized pursuant to Section(s) 65-108 and 65-202, Idaho Code.

DESCRIPTIVE SUMMARY: The following is the required finding and concise statement of its supporting reasons for adopting a temporary rule: This Temporary Rule will expand eligibility for interment at Idaho State Veterans Cemeteries to non-retiree Guard and Reservists who completed an enlistment of service honorably but are otherwise ineligible because they were never activated federally or did not complete enough service time to retire out of the Guard or Reserves.

TEMPORARY RULE JUSTIFICATION: Pursuant to Section(s) 67-5226(1)(c), Idaho Code, the Governor has found that temporary adoption of the rule is appropriate for the following reasons: The rule complies with a new federal law, PUBLIC LAW 117-103 THE CONSOLIDATED APPROPRIATIONS ACT FOR FISCAL YEAR 2022 (Burial Equity for Guards and Reserves Act) which expands eligibility for State Veterans Cemeteries to non-military retiree Guard and Reservists without risking eligibility for VA Construction Grants for State Veterans Cemeteries.

FEE SUMMARY: Pursuant to Section 67-5226(2), the Governor has found that the fee or charge being imposed or increased is justified and necessary to avoid immediate danger and the fee is described herein: This law expands eligibility for burial National Guard and Reservists but does not expand eligibility for VA burial benefits. These newly eligible individuals who wish to be buried in the State Veterans Cemetery will have to cover the cost (equivalent to the VA reimbursement/plot allowance benefit) themselves.

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning the temporary rule, contact Kevin Wallior, 208-780-1308.

Kevin R. Wallior
Management Assistant
Idaho Division of Veterans Services
351 N. Collins Road
Boise, ID 83702
Ph: 208-780-1308; fax: 208-780-1301
Email: kevin.wallior@veterans.idaho.gov

Idaho Administrative Bulletin May 1, 2024 – Vol 24-5 (Full Bulletin)
Docket No 21-0104-2401 Excerpt from Idaho Administrative Bulletin May 1, 2024 – Vol 24-5 (Excerpt from the May Idaho Administrative Bulletin. Includes the Notice of Adoption of Temporary Rule and the text of the changes to IDAPA 21.01.04.

April 2024 Quarterly IVAC Meeting Scheduled

The Idaho Veterans Affairs Commission Quarterly Meeting is scheduled for April 10, 2024 at 8:30 AM MT. It will be conducted at the Idaho Division of Veterans Services Central Support Office and via Microsoft Teams.

Quarterly IVAC Meeting Scheduled

The Quarterly IVAC Meeting is scheduled for July 12, 2023 at the Central Support Office of the Idaho Division of Veterans Services. See the below announcement and agenda for more details.

Quarterly IVAC Meeting Scheduled

The Idaho Veterans Affairs Commission Quarterly Meeting is scheduled for January 19, 2023 at 8:30 AM MT. It will be conducted at the Idaho Division of Veterans Services Central Support Office and via Microsoft Teams.