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H0705aa...............................................by HEALTH AND WELFARE
RESIDENTIAL CARE FACILITY - Adds to existing law to provide a waiver of
requirements of licensure for residential care facilities and residential
care facilities for the elderly under specific circumstances.
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to Health/Wel
02/19 Rpt out - to Gen Ord
02/23 Rpt out amen - to engros
02/24 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
03/02 3rd rdg as amen - PASSED - 67-1-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crow, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Jones(20)
Absent and excused -- Crane, Deal
Floor Sponsors - Trail, Sali
Title apvd - to Senate
03/03 Senate intro - 1st rdg as amen - to Health/Wel
03/11 Rpt out - rec d/p - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - King
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 188
Effective: 07/01/98
H0705|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 705, As Amended BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO RESIDENTIAL CARE FACILITIES AND RESIDENTIAL CARE FACILITIES FOR 3 THE ELDERLY; AMENDING CHAPTER 33, TITLE 39, IDAHO CODE, BY THE ADDITION OF 4 A NEW SECTION 39-3354A, IDAHO CODE, TO AUTHORIZE A WAIVER OF THE REQUIRE- 5 MENTS FOR LICENSURE AS A RESIDENTIAL CARE FACILITY UNDER CONDITIONS SPECI- 6 FIED; AND AMENDING CHAPTER 35, TITLE 39, IDAHO CODE, BY THE ADDITION OF A 7 NEW SECTION 39-3554A, IDAHO CODE, TO AUTHORIZE A WAIVER OF THE REQUIRE- 8 MENTS FOR LICENSURE AS A RESIDENTIAL CARE FACILITY FOR THE ELDERLY UNDER 9 THE CONDITIONS SPECIFIED. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Chapter 33, Title 39, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION , to be 13 known and designated as Section 39-3354A, Idaho Code, and to read as follows: 14 39-3354A. SPECIAL WAIVER PERMITTED. The department may grant a special 15 waiver of the requirement for licensure as a residential care facility when it 16 is deemed in the best interests of individuals and with due consideration of 17 the following criteria: 18 (1) The individuals are residents of a facility operated by a nonprofit 19 health care and/or housing organization established as such in the state of 20 Idaho and satisfying the requirements of U.S. Internal Revenue Code section 21 501(c); 22 (2) The support services required by the individuals are furnished by an 23 entity approved to provide such services in the state of Idaho in good stand- 24 ing as demonstrated by routine inspections required for the type of entity 25 providing services; 26 (3) Facilities seeking such waivers and providing meal service shall be 27 inspected and licensed as a food service establishment by the district health 28 department unless the meal service is provided by a kitchen already part of a 29 facility licensed by the department; 30 (4) The costs of obtaining the needed services from another source are 31 significantly greater and/or would pose a significant hardship on these indi- 32 viduals. 33 Any waiver granted under this section shall be reviewed annually and is 34 subject to inspection by the department to ensure safety and sanitation. 35 SECTION 2. That Chapter 35, Title 39, Idaho Code, be, and the same is 36 hereby amended by the addition thereto of a NEW SECTION , to be 37 known and designated as Section 39-3554A, Idaho Code, and to read as follows: 38 39-3554A. SPECIAL WAIVER PERMITTED. The department may grant a special 39 waiver of the requirement for licensure as a residential care facility for the 40 elderly when it is deemed in the best interests of individuals and with due 41 consideration of the following criteria: 2 1 (1) The individuals are residents of a facility operated by a nonprofit 2 health care and/or housing organization established as such in the state of 3 Idaho and satisfying the requirements of U.S. Internal Revenue Code section 4 501(c); 5 (2) The support services required by the individuals are furnished by an 6 entity approved to provide such services in the state of Idaho in good stand- 7 ing as demonstrated by routine inspections required for the type of entity 8 providing services; 9 (3) Facilities seeking such waivers and providing meal service shall be 10 inspected and licensed as a food service establishment by the district health 11 department unless the meal service is provided by a kitchen already part of a 12 facility licensed by the department; 13 (4) The costs of obtaining the needed services from another source are 14 significantly greater and/or would pose a significant hardship on these indi- 15 viduals. 16 Any waiver granted under this section shall be reviewed annually and is 17 subject to inspection by the department to ensure safety and sanitation.
STATEMENT OF PURPOSE
RS 07863C1
The proposed legislation would permit the Department of
Health and Welfare to grant a special waiver for residential
care facilities, when deemed in the best interest of mentally
and/or physically handicapped or elderly persons (residents),
as well as eliminates barriers to tax exempt and low-income
financing.
The legislative intent is to allow individuals to reside in
living units financed with tax exempt loans and/or low income
financing currently incompatible with residential licensure
requirements, and to allow residents of continuing care
retirement communities operated by non-profit providers to
remain in un-licensed living units and receive service as
they need them rather than having to move to more expensive
care or outside the community.
Any waiver grant under section 39-3354A, Chapter 33, Title 39,
Idaho Code, shall be reviewed annually and be subject to
inspection by the Department to insure safety and sanitation.
FISCAL NOTE
The proposed legislation has the potential to save the State
of Idaho $36,000 per resident per year. This is based on the
assumption that residents can stay in their normal
residential setting rather than having to pay a higher cost
or move out to a higher level care facility. Many elderly
residents may be forced to leave their normal residential
home environment because of the added expense, and the State
may have to pick up the charge for their care in another
facility at States expense. In addition to the savings from
more expensive care, low income financing will save indigent
individuals $2400.00- $3600.00 a year on rental costs.
Contact: Rep. Trail, 208-332-1216; Rep. Sali, 208-332-1000;
Mike Hinson, 208-882-6560; Scott Burpee, 208-473-8814
STATEMENT OF PURPOSE/FISCAL NOTE
H 705