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HOUSE BILL NO. 706

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Daily Data Tracking History

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H0706.................................................by HEALTH AND WELFARE
INTERMEDIATE CARE FACILITY - MENTALLY RETARDED - Adds to existing law to
provide limited exemption from liability for intermediate care facilities
for the mentally retarded attempting to provide habilitative services and
maintain optimal health status.

02/13    House intro - 1st rdg - to printing
02/16    Rpt prt - to Health/Wel

Bill Text

H0706


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 706

                             BY HEALTH AND WELFARE COMMITTEE

 1                                        AN ACT
 2    RELATING TO INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED;  PROVIDING
 3        A  STATEMENT  OF  LEGISLATIVE  INTENT;  AND AMENDING CHAPTER 13, TITLE 39,
 4        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-1396, IDAHO CODE, TO  PRO-
 5        VIDE  A  LIMITED EXEMPTION FROM LIABILITY FOR INTERMEDIATE CARE FACILITIES
 6        FOR THE MENTALLY RETARDED.

 7    Be It Enacted by the Legislature of the State of Idaho:

 8        SECTION 1.  It is hereby declared by the legislature of the state of Idaho
 9    that in order to assure the continued availability and operation of intermedi-
10    ate care facilities for the mentally retarded, which provide opportunities for
11    mentally retarded citizens of the state of Idaho to live in the least restric-
12    tive setting possible and attempt to reach their  highest  possible  level  of
13    intellectual and physical functioning, it is necessary to provide limited pro-
14    tection to such facilities against liability related to the operation of these
15    facilities for mentally retarded citizens.

16        SECTION  2.  That  Chapter  13,  Title 39, Idaho Code, be, and the same is
17    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
18    known and designated as Section 39-1396, Idaho Code, and to read as follows:

19        39-1396.  EXEMPTIONS  FROM  LIABILITY FOR INTERMEDIATE CARE FACILITIES FOR
20    THE MENTALLY RETARDED. No agency, public or private intermediate  care  facil-
21    ity,  nor an employee, officer or owner of any such facility, shall be civilly
22    or criminally liable for  attempting  to  provide  habilitative  services  and
23    attempting  to  maintain optimal health status for mentally retarded individu-
24    als, or persons with related conditions, to include, but not  be  limited  to,
25    the provision of treatment, care, or any other service, duty or responsibility
26    ordinarily  provided  by,  or required to be provided by, an intermediate care
27    facility for the mentally retarded; provided that  such  services,  duties  or
28    responsibilities were performed according to the procedures of this chapter in
29    good faith and without gross negligence.

Statement of Purpose / Fiscal Impact

    





                           STATEMENT OF PURPOSE
    
                                 RS 07864
    
    The purpose of this legislation is to give private ICF/MR facilities 
    the same protection as state owned facilities who serve persons with 
    mental illness defined in Idaho Code 66-317(g). Approximately 60% of 
    the persons served face a diagnosis of mental illness as well as 
    mental retardation. This legislation will also afford some protection 
    when clients are discharged against the recommendation of the 
    treatment team.
    
                                FISCAL NOTE
    
    There will be no current fiscal impact. However, passage could help 
    insulate ICF/MR facilities from future increases to liability 
    insurance rates.
    
    Contact:Rep. Bill Sali, 208-332-1000
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    H 706