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S1365aaH..............................................by HEALTH AND WELFARE
RESIDENTIAL/ASSISTED LIVING FACILITIES - Amends and adds to existing law to
update terminology related to various types of services provided to
individuals, including changing references from "residential care homes" to
"residential or assisted living facilities"; to change references from
"adult foster care home" to "certified family home"; to govern the
frequency of inspection requirements and to make them consistent for all
types of facilities; to govern the conditions when waivers to certain
licensing and certification requirements for these facilities may be
granted; to define "authorized provider" and include authorized providers
within provisions governing care providers; to create a personal assistance
oversight committee and to specify membership; and to make other
corrections to terminology for purposes of consistency.
02/03 Senate intro - 1st rdg - to printing
02/04 Rpt prt - to Health/Wel
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 30-1-4
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Ipsen,
Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Stegner, Stennett, Thorne, Wheeler,
Williams
NAYS--Hawkins
Absent and excused--Branch, Ingram, Sorensen, Whitworth
Floor Sponsor - Ipsen
Title apvd - to House
02/17 House intro - 1st rdg - to Health/Wel
03/23 Rpt out - to Gen Ord
03/27 Rpt out amen - to 1st rdg as amen
03/28 1st rdg - to 2nd rdg as amen
03/29 2nd rdg - to 3rd rdg as amen
03/30 3rd rdg as amen - PASSED - 61-0-9
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Callister,
Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones), Judd, Kempton,
Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner, Pomeroy,
Reynolds, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stoicheff, Stone, Tilman, Trail, Wheeler, Wood, Mr
Speaker
NAYS -- None
Absent and excused -- Barrett, Bruneel, Crow, Geddes, Kellogg, Moyle,
Ridinger, Taylor, Zimmermann
Floor Sponsors - Sali, Loertscher
Title apvd - to Senate
Senate intro - to 10th Ord
03/31 Senate concurred in House amens - to engros
04/03 Rpt engros - 1st rdg - to 2nd rdg as amen
04/04 2nd rdg - to 3rd rdg as amen
04/05 3rd rdg as amen - PASSED - 25-9-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Davis, Deide,
Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Lee, McLaughlin,
Parry, Richardson, Riggs, Risch, Sandy, Sorensen, Thorne, Walton,
Wheeler, Whitworth, Williams
NAYS--Cameron, Crow, Danielson, Darrington, Keough, King-Barrutia,
Noh, Schroeder, Stegner
Absent and excused--Stennett
Floor Sponsor - Ipsen
Title apvd - to enrol
Rpt enrol - Pres signed - Sp signed
04/06 To Governor
04/14 Governor signed
Session Law Chapter 274
Effective: 07/01/00
S1365
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1365, As Amended in the House
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO GOVERNANCE OF RESIDENTIAL OR ASSISTED LIVING FACILITIES AND SER-
3 VICES; AMENDING SECTION 15-2-616, IDAHO CODE, TO PROVIDE CORRECT TERMINOL-
4 OGY; AMENDING SECTION 31-3502, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY
5 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 31-3503, IDAHO CODE,
6 TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
7 SECTION 31-3513, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A
8 TECHNICAL CORRECTION; AMENDING SECTION 39-1301, IDAHO CODE, TO FURTHER
9 DEFINE TERMS; AMENDING SECTION 39-1301a, IDAHO CODE, TO REDESIGNATE THE
10 SECTION AND TO DEFINE CONDITIONS FOR A WAIVER; AMENDING CHAPTER 13, TITLE
11 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-1301B, IDAHO CODE, TO
12 AUTHORIZE AND GOVERN NURSING FACILITY CONVERSIONS; AMENDING SECTION
13 39-2411, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION
14 39-3301, IDAHO CODE, TO CLARIFY LEGISLATIVE INTENT; AMENDING SECTION
15 39-3302, IDAHO CODE, TO FURTHER DEFINE TERMS, TO PROVIDE CORRECT TERMINOL-
16 OGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-3303, IDAHO
17 CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS;
18 AMENDING SECTIONS 39-3304, 39-3305, 39-3306 AND 39-3307, IDAHO CODE, TO
19 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-3310, IDAHO CODE, TO
20 SPECIFY CONDITIONS FOR REVIEW; AMENDING SECTION 39-3311, IDAHO CODE, TO
21 INCLUDE REFERENCE TO AUTHORIZED PROVIDER; AMENDING SECTION 39-3313, IDAHO
22 CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-3314, IDAHO
23 CODE, TO STRIKE OBSOLETE LANGUAGE; AMENDING SECTION 39-3315, IDAHO CODE,
24 TO INCLUDE REFERENCE TO AUTHORIZED PROVIDER AND TO MAKE A TECHNICAL COR-
25 RECTION; AMENDING SECTION 39-3316, IDAHO CODE, TO PROVIDE CORRECT TERMI-
26 NOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS 39-3318,
27 39-3319 AND 39-3320, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING
28 SECTION 39-3321, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO GOVERN
29 QUALIFICATIONS OF ADMINISTRATOR OR OPERATOR; AMENDING SECTION 39-3322,
30 IDAHO CODE, TO GOVERN REQUIREMENTS FOR FACILITY STAFF; AMENDING SECTIONS
31 39-3324 AND 39-3325, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING
32 SECTION 39-3330, IDAHO CODE, TO PROVIDE MEMBERSHIP OF THE BOARD AND CARE
33 COUNCIL AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTIONS 39-3331,
34 39-3340, 39-3341, 39-3342, 39-3345, 39-3348, 39-3349, 39-3350, 39-3352,
35 39-3353 AND 39-3354A, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING
36 SECTION 39-3355, IDAHO CODE, TO GOVERN INSPECTIONS AND TO PROVIDE CORRECT
37 TERMINOLOGY; AMENDING SECTIONS 39-3357, 39-3358 AND 39-3359, IDAHO CODE,
38 TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-3370, IDAHO CODE, TO
39 PROVIDE THE PURPOSE OF CERTIFIED FAMILY HOMES AND TO GOVERN WAIVERS;
40 AMENDING SECTION 39-3371, IDAHO CODE, TO PROVIDE AUTHORITY TO GOVERN CER-
41 TIFIED FAMILY HOMES, TO AUTHORIZE WAIVERS AND TO MAKE A TECHNICAL CORREC-
42 TION; AMENDING SECTIONS 39-3372, 39-3373, 39-3374, 39-3375 AND 39-3378,
43 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-3379,
44 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO GOVERN INSPECTIONS;
45 AMENDING SECTIONS 39-3380, 39-3381 AND 39-3382, IDAHO CODE, TO PROVIDE
46 CORRECT TERMINOLOGY; AMENDING SECTION 39-3383, IDAHO CODE, TO PROVIDE COR-
2
1 RECT TERMINOLOGY AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION
2 39-3384, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION
3 39-3385, IDAHO CODE, TO GOVERN CONDITIONS OF A SERVICE PLAN; AMENDING SEC-
4 TIONS 39-3386, 39-3387, 39-3388 AND 39-3389, IDAHO CODE, TO PROVIDE COR-
5 RECT TERMINOLOGY; AMENDING SECTION 39-3393, IDAHO CODE, TO PROVIDE COR-
6 RECT TERMINOLOGY AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION
7 39-3501, IDAHO CODE, TO REVISE LEGISLATIVE INTENT, TO PROVIDE CORRECT TER-
8 MINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-3502,
9 IDAHO CODE, TO FURTHER DEFINE TERMS; AMENDING SECTIONS 39-3503, 39-3505,
10 39-3506 AND 39-3507, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING
11 SECTION 39-3510, IDAHO CODE, TO GOVERN REQUIREMENTS FOR PERIODIC REVIEW;
12 AMENDING SECTION 39-3511, IDAHO CODE, TO INCLUDE REFERENCE TO AUTHORIZED
13 PROVIDER; AMENDING SECTION 39-3513, IDAHO CODE, TO PROVIDE CORRECT TERMI-
14 NOLOGY; AMENDING SECTION 39-3515, IDAHO CODE, TO INCLUDE REFERENCE TO
15 AUTHORIZED PROVIDER AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTIONS
16 39-3516, 39-3518, 39-3519 AND 39-3520, IDAHO CODE, TO PROVIDE CORRECT TER-
17 MINOLOGY; AMENDING SECTION 39-3521, IDAHO CODE, TO PROVIDE CORRECT TERMI-
18 NOLOGY AND TO GOVERN QUALIFICATIONS OF ADMINISTRATOR OR OPERATOR; AMENDING
19 SECTIONS 39-3522, 39-3524 AND 39-3525, IDAHO CODE, TO PROVIDE CORRECT TER-
20 MINOLOGY; AMENDING SECTION 39-3530, IDAHO CODE, TO INCREASE THE SIZE OF
21 THE RESIDENTIAL OR ASSISTED LIVING COUNCIL FOR THE ELDERLY AND TO PROVIDE
22 CORRECT TERMINOLOGY; AMENDING SECTIONS 39-3531, 39-3532, 39-3533, 39-3540,
23 39-3541, 39-3542, 39-3545, 39-3548, 39-3549, 39-3550, 39-3552, 39-3553 AND
24 39-3554A, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION
25 39-3555, IDAHO CODE, TO GOVERN REQUIREMENTS FOR INSPECTIONS; AMENDING SEC-
26 TIONS 39-3557, 39-3558 AND 39-3559, IDAHO CODE, TO PROVIDE CORRECT TERMI-
27 NOLOGY; AMENDING SECTION 39-3560, IDAHO CODE, TO SPECIFY PURPOSES OF CER-
28 TIFIED FAMILY HOMES AND TO AUTHORIZE A WAIVER; AMENDING SECTION 39-3561,
29 IDAHO CODE, TO AUTHORIZE A WAIVER OF CERTAIN PROHIBITIONS AND TO PROVIDE
30 CORRECT TERMINOLOGY; AMENDING SECTIONS 39-3562, 39-3563, 39-3564 AND
31 39-3568, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION
32 39-3569, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO GOVERN INSPEC-
33 TION INTERVALS; AMENDING SECTIONS 39-3570, 39-3571 AND 39-3572, IDAHO
34 CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-3573, IDAHO
35 CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE A CORRECT CODE REFER-
36 ENCE; AMENDING CHAPTER 35, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW
37 SECTION 39-3573A, IDAHO CODE, TO GOVERN PHYSICIAN'S ORDERS FOR CERTIFIED
38 FAMILY HOMES; AMENDING SECTION 39-3574, IDAHO CODE, TO PROVIDE CORRECT
39 TERMINOLOGY AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTIONS
40 39-3575, 39-3576, 39-3577 AND 39-3578, IDAHO CODE, TO PROVIDE CORRECT TER-
41 MINOLOGY; AMENDING SECTION 39-3580, IDAHO CODE, TO PROVIDE A CORRECT REF-
42 ERENCE AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-4803, IDAHO
43 CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-5303, IDAHO
44 CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS;
45 AMENDING SECTIONS 39-5304 AND 39-5308, IDAHO CODE, TO PROVIDE CORRECT TER-
46 MINOLOGY; AMENDING SECTION 39-5601, IDAHO CODE, TO PROVIDE A STATEMENT OF
47 LEGISLATIVE INTENT; AMENDING SECTION 39-5602, IDAHO CODE, TO FURTHER
48 DEFINE TERMS; AMENDING SECTION 39-5603, IDAHO CODE, TO PROVIDE CORRECT
49 TERMINOLOGY AND TO FURTHER DEFINE CONDITIONS RELATED TO PROVISION OF PER-
50 SONAL ASSISTANCE SERVICES; AMENDING SECTION 39-5604, IDAHO CODE, TO
51 REQUIRE HEALTH AND BACKGROUND CHECKS; AMENDING SECTION 39-5605, IDAHO
52 CODE, TO GOVERN TRAINING OF PERSONAL ASSISTANTS AND TO MAKE A TECHNICAL
53 CORRECTION; AMENDING SECTION 39-5606, IDAHO CODE, TO CLARIFY PAYMENT PRO-
54 VISIONS; AMENDING CHAPTER 56, TITLE 39, IDAHO CODE, BY THE ADDITION OF A
55 NEW SECTION 39-5607, IDAHO CODE, TO SPECIFY THE EFFECT OF PERSONAL ASSIS-
3
1 TANCE AGENCY RATES; AMENDING SECTION 39-5608, IDAHO CODE, TO PROVIDE COR-
2 RECT TERMINOLOGY AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING CHAPTER
3 56, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-5609, IDAHO
4 CODE, TO PROVIDE CREATION AND MEMBERSHIP OF THE PERSONAL ASSISTANCE OVER-
5 SIGHT COMMITTEE; AMENDING SECTION 54-1601, IDAHO CODE, TO PROVIDE CORRECT
6 TERMINOLOGY; AMENDING SECTION 54-1705, IDAHO CODE, TO PROVIDE CORRECT TER-
7 MINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTIONS 54-4201,
8 54-4202, 54-4203, 54-4204, 54-4205, 54-4206, 54-4207 AND 54-4208, IDAHO
9 CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 54-4209, IDAHO
10 CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION;
11 AMENDING SECTIONS 54-4210, 54-4211, 54-4212 AND 54-4213, IDAHO CODE, TO
12 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 56-101, IDAHO CODE, TO PRO-
13 VIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
14 TION 56-120, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTIONS
15 56-201, 63-701, 63-3022K, 66-402, 67-2601 AND 67-2602, IDAHO CODE, TO PRO-
16 VIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING
17 SECTION 67-6532, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY.
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Section 15-2-616, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 15-2-616. RESTRICTION ON DEVISES TO NURSING HOME OR RESIDENTIAL CARE HOME
22 OR ASSISTED LIVING FACILITY OPERATORS. A devise or bequest involving either
23 real or personal property, directly or indirectly, to any person who owns,
24 operates or is employed at a nursing home, residential care home or assisted
25 living facility or any home, including the testator's home, whether or not
26 licensed, in which the testator was a resident within one (1) year of his
27 death shall be presumed to have been the result of undue influence, rebuttable
28 by clear and convincing evidence. This section shall apply to all property
29 passing by testate succession after July 1, 1983, regardless of when the will
30 was written; provided, this section shall in no way limit or affect the
31 rights of a beneficiary who is related to the testator, or who is a charitable
32 or benevolent society or corporation; provided further that the foregoing lim-
33 itations shall not apply to wills of persons whose death is caused by acciden-
34 tal means and whose wills are executed prior to the accident which results in
35 death.
36 SECTION 2. That Section 31-3502, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 31-3502. DEFINITIONS. As used in this chapter, the terms defined in this
39 section shall have the following meaning, unless the context clearly indicates
40 another meaning:
41 (1) "Medically indigent" means any person who is in need of necessary
42 medical services and who, if an adult, together with his or her spouse, or
43 whose parents or guardian if a minor, does not have income and other resources
44 available to him from whatever source sufficient to pay for necessary medical
45 services. Nothing in this definition shall prevent the board of county commis-
46 sioners and administrator from requiring the applicant and obligated persons
47 to reimburse the county and the catastrophic health care costs program, where
48 appropriate, for all or a portion of their medical expenses, when investiga-
49 tion of their application pursuant to this chapter, determines their ability
50 to do so.
4
1 (2) "Hospital" means a facility licensed and regulated pursuant to sec-
2 tions 39-1301 through 39-1314, Idaho Code, excluding state institutions.
3 (3) "Dependent" means any person whom a taxpayer could claim as a depend-
4 ent under the income tax laws of the state of Idaho.
5 (4) "Applicant" means any person who is or may be requesting financial
6 assistance under this chapter.
7 (5) "Reimbursement rates" means the unadjusted medicaid rate of reim-
8 bursement for medical charges allowed pursuant to title XIX of the social
9 security act, as amended. For long-term care facilities, maximum
10 "reimbursement rates" means the unadjusted medicaid rate of reimbursement
11 allowed pursuant to the medical assistance program as determined by chapter 1,
12 title 56, Idaho Code, or the unadjusted medicare rate of reimbursement estab-
13 lished under title XVIII of the social security act, as amended, whichever is
14 greater.
15 (6) "Board" means the board of county commissioners.
16 (7) "Obligated persons" means those persons who are legally responsible
17 for an applicant.
18 (8) "County hospital" means any county approved institution or facility
19 for the care of sick persons.
20 (9) "Administrator" means the board of the catastrophic health care cost
21 program, as provided in section 31-3517, Idaho Code.
22 (10) "Catastrophic health care costs" means all necessary medical expenses
23 for services which are incurred by a recipient for which the reimbursement
24 rate exceeds in aggregate the sum of ten thousand dollars ($10,000) in any
25 twelve (12) consecutive month period.
26 (11) "Recipient" means an individual determined eligible for necessary
27 medical services under this chapter.
28 (12) "Resident" means a person with a home, house, place of abode, place
29 of habitation, dwelling or place where he or she actually lived for a consecu-
30 tive period of thirty (30) days or more. A resident does not include a person
31 who comes into this state for temporary purposes, including, but not limited
32 to, education, vacation, or seasonal labor. Entry into active military duty
33 shall not change a person's residence for the purposes of this chapter. Those
34 physically present within the following facilities and institutions shall be
35 residents of the county where they were residents prior to entering the facil-
36 ity or institution:
37 (a) Correctional facilities;
38 (b) Nursing homes or residential care or assisted living facilities;
39 (c) Other medical facility or institution.
40 (13) "Emergency service" means a service provided for a medical condition
41 in which sudden, serious and unexpected symptoms of illness or injury are suf-
42 ficiently severe to necessitate or call for immediate medical care.
43 (14) "Provider" means any person, firm, or corporation certified or
44 licensed by the state of Idaho or holding an equivalent license or certifica-
45 tion in another state, that provides necessary medical services as it appears
46 on an application for assistance pursuant to this chapter.
47 (15) "Third party applicant" means a person other than an obligated person
48 who completes, signs and files an application on behalf of a patient.
49 (16) "Clerk" means the clerk of the board or his or her designee.
50 (17) "Resources" means all property, whether tangible or intangible, real
51 or personal, liquid or nonliquid, including, but not limited to, all forms of
52 public assistance, crime victim's compensation, worker's compensation, vet-
53 erans benefits, medicaid, medicare and any other property from any source for
54 which an applicant and/or an obligated person may be eligible or in which he
55 or she may have an interest. Resources shall include the ability of an appli-
5
1 cant and obligated persons to pay for necessary medical services over a period
2 of up to three (3) years. For purposes of determining approval for medical
3 indigency only, resources shall not include the value of the homestead on the
4 applicant or obligated persons' residence, a burial plot, exemptions for per-
5 sonal property allowed in section 11-605(1) through (3), Idaho Code, and addi-
6 tional exemptions allowed by county resolution.
7 (18) A. "Necessary medical services" means a requested or provided medi-
8 cal service required in order to identify or treat a medically indigent
9 person's health condition, illness or injury and is:
10 (a) Consistent with the symptoms, diagnosis or treatment of the med-
11 ical indigent's condition, illness or injury;
12 (b) In accordance with generally accepted standards of medical or
13 surgical practice then prevailing in the community where the services
14 were provided;
15 (c) Furnished on an outpatient basis whenever it is safe, efficient
16 and reasonable to do so;
17 (d) Not provided primarily for the convenience of the medically
18 indigent person or the provider;
19 (e) The standard, most economical service or item that can safely,
20 reasonably and ethically be provided.
21 B. Necessary medical services shall not include the following:
22 (a) Bone marrow transplants;
23 (b) Organ transplants;
24 (c) Elective, cosmetic and/or experimental procedures;
25 (d) Services related to, or provided by, residential and/or shelter
26 care facilities;
27 (e) Normal, uncomplicated pregnancies, excluding caesarean section,
28 and childbirth well-baby care;
29 (f) Medicare copayments and deductibles; and
30 (g) Services provided by, or available to an applicant from state,
31 federal and local health programs.
32 Provided however, each board may determine, by ordinance or resolution
33 duly adopted in its county, to include as necessary medical services addi-
34 tional services not covered in this section. Necessary medical services pro-
35 vided by this option shall not be paid by the catastrophic health care costs
36 program, and shall remain the liability of the respective county.
37 SECTION 3. That Section 31-3503, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 31-3503. POWERS AND DUTIES OF BOARDS OF COUNTY COMMISSIONERS. The boards
40 of county commissioners in their respective counties shall, under such limita-
41 tions and restrictions as are prescribed by law:
42 (1) Care for and maintain the medically indigent residents of their coun-
43 ties as provided in this chapter up to ten thousand dollars ($10,000) per
44 claim in the aggregate over a twelve (12) month period with the remainder
45 being paid by the state catastrophic health care cost program pursuant to sec-
46 tion 31-3519, Idaho Code.
47 (2) Have the right to contract, transfer patients, negotiate provider
48 agreements, and all other powers incident to the duties created by this chap-
49 ter.
50 (3) From July 1, 1997, through June 30, 1998, pay for emergency services
51 for a nonresident to the point of stabilization as set forth in section
52 31-3507, Idaho Code, and when necessary, for costs of transfer to the
53 nonresident's place of residence, up to five thousand dollars ($5,000) per
6
1 claim in the aggregate over a twelve (12) month period with the remainder
2 being paid by the state catastrophic health care cost program pursuant to sec-
3 tion 31-3519, Idaho Code, unless such nonresident is from a state which has a
4 reciprocal agreement pursuant to section 31-3503B, Idaho Code, and qualifies
5 for necessary medical services under that agreement.
6 (4) Have the jurisdiction and power to provide county hospitals and pub-
7 lic general hospitals for the county and others who are sick, injured, maimed,
8 aged and infirm and to erect, enlarge, purchase, lease, or otherwise acquire,
9 and to officer, maintain and improve hospitals, hospital grounds, nurses'
10 homes, shelter care facilities and residential care homes or assisted living
11 facilities as defined in section 39-3301, Idaho Code, superintendent's quar-
12 ters, medical clinics, as that term is defined in section 39-1319, Idaho Code,
13 medical clinic grounds or any other necessary buildings, and to equip the
14 same, and to replace equipment, and for this purpose said boards may levy an
15 additional tax of not to exceed six hundredths percent (.06%) of the market
16 value for assessment purposes on all taxable property within the county. The
17 term "public general hospitals" as used in this subsection shall be construed
18 to include nursing homes.
19 SECTION 4. That Section 31-3513, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 31-3513. ELECTION FOR ISSUANCE OF BONDS. The county commissioners may,
22 when they deem the welfare of their counties require it, or when petitioned
23 thereto by a number of resident taxpayers of their respective counties equal
24 to five per cent percent (5%) of the number of persons voting for the secre-
25 tary of state of the state of Idaho, at the election next preceding the date
26 of such petition, submit to the qualified electors of said county at any elec-
27 tion held as provided in section 34-106, Idaho Code, the proposition whether
28 negotiable coupon bonds of the county to the amount stated in such proposition
29 shall be issued and sold for the purpose of providing such hospital, hospital
30 grounds, nurses' homes, nursing homes, residential care homes or assisted liv-
31 ing facilities, shelter care facilities, medical clinics, superintendent's
32 quarters, or any other necessary buildings, and equipment, and may on their
33 own initiative submit to the qualified electors of the county at any general
34 election the proposition whether negotiable coupon bonds of the county to the
35 amount stated in such proposition shall be issued and sold for the purpose of
36 providing for the extension and enlargement of existing hospital, hospital
37 grounds, nurses' homes, nursing homes, residential care homes or assisted liv-
38 ing facilities, shelter care facilities, medical clinics or grounds,
39 superintendent's quarters, or any other necessary buildings, and equipment,
40 and when authorized thereto by two-thirds (2/3) vote at such election, shall
41 issue and sell such coupon bonds and use the proceeds therefrom for the pur-
42 poses authorized by such election. Said proposition may be submitted to the
43 qualified electors at an election held subject to the provisions of section
44 34-106, Idaho Code, if the board of county commissioners shall by resolution
45 so determine. No person shall be qualified to vote at any election held under
46 the provisions of this section unless he shall possess all the qualifications
47 required of electors under the general laws of this state.
48 The board shall be governed in calling and holding such election and in
49 the issuance and sale of such bonds, and in the providing for the payment of
50 the principal and interest thereon by the provisions of sections 31-1901
51 through 31-1909, Idaho Code, and by the provisions of chapter 2, title 57,
52 Idaho Code; provided, however, that when such bonds have been issued and sold
53 and a period of two (2) years or more has elapsed from the date of sale of
7
1 said bonds and for any reason the proceeds from the sale of said bonds or
2 other moneys appropriated for the purpose for which said bonds were issued,
3 have not been used for the purpose for which they were appropriated or said
4 bond issue made, the board may, with the written consent of all of the bond-
5 holders first having been obtained, submit to the qualified electors, as
6 herein defined, the question of spending such moneys for a definite purpose.
7 The purpose for which it is decided to spend such moneys shall be clearly and
8 plainly stated on the ballot. If a majority of the qualified electors shall
9 vote in favor of spending such moneys for the purpose stated, the board of
10 county commissioners shall proceed in the same manner as if such different
11 purpose had been the original purpose for such bond issue or appropriation.
12 Provided, further that if less than a majority of the qualified electors shall
13 vote in favor of spending such moneys for such different purpose, or if no
14 such election should be had, when all of the bonds shall have been retired,
15 such excess moneys shall be placed in the general fund.
16 SECTION 5. That Section 39-1301, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 39-1301. DEFINITIONS. For purposes of this chapter the following defini-
19 tions will apply:
20 (a) "Hospital" means a facility which:
21 (1) Is primarily engaged in providing, by or under the supervision of
22 physicians,
23 (a) concentrated medical and nursing care on a twenty-four (24) hour
24 basis to inpatients experiencing acute illness; and
25 (b) diagnostic and therapeutic services for medical diagnosis and
26 treatment, psychiatric diagnosis and treatment, and care of injured,
27 disabled, or sick persons; and
28 (c) rehabilitation services for injured, disabled, or sick persons;
29 and
30 (d) obstetrical care.
31 (2) Provides for care of two (2) or more individuals for twenty-four (24)
32 or more consecutive hours.
33 (3) Is staffed to provide professional nursing care on a twenty-four (24)
34 hour basis.
35 (b) "Skilled nNursing facility" (nursing home) means a facility whose
36 design and function shall provide area, space and equipment to meet the health
37 needs of two (2) or more individuals who, at a minimum, require inpatient care
38 and services for twenty-four (24) or more consecutive hours for unstable
39 chronic health problems requiring daily professional nursing supervision and
40 licensed nursing care on a twenty-four (24) hour basis, restorative, rehabili-
41 tative care, and assistance in meeting daily living needs. Medical supervi-
42 sion is necessary on a regular, but not daily, basis.
43 (c) "Intermediate care facility" (nursing home) means a facility:
44 (1) Whose design and function shall provide area, space and equipment to
45 meet the restorative, rehabilitative, recreational, intermittent health
46 needs, and daily living needs of two (2) or more individuals who require
47 in-residence care and services for twenty-four (24) or more consecutive
48 hours;
49 (2) Whose design and function will provide for regular but less than
50 daily medical and skilled nursing care.
51 (d) "Intermediate care facility for the mentally retarded (ICFMR)" means
52 a nonnursing home facility, designed and operated to meet the unique educa-
53 tional, training, habilitative and medical needs of the developmentally dis-
8
1 abled through the provision of active treatment.
2 (ed) "Person" means any individual, firm, partnership, corporation, com-
3 pany, association, or joint stock association, and the legal successor
4 thereof.
5 (fe) "Government unit" means the state, or any county, municipality, or
6 other political subdivision, or any department, division, board or other
7 agency thereof.
8 (gf) "Licensing agency" means the department of health and welfare.
9 (hg) "Board" means the board of health and welfare.
10 (ih) "Physician" means an individual licensed to practice medicine and
11 surgery by the Idaho state board of medicine or the Idaho state board of podi-
12 atry.
13 (i) "Authorized provider" means an individual who is a nurse practitioner
14 or clinical nurse specialist, licensed to practice in Idaho in accordance with
15 the Idaho nurse practice act; or a physician's assistant, licensed by the
16 Idaho state board of medicine.
17 SECTION 6. That Section 39-1301a, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 39-1301aA. WAIVERS FOR PERSONAL CARE SERVICES CERTIFIED FAMILY HOMES FROM
20 NURSING FACILITY AND INTERMEDIATE CARE FACILITY -- DEFINITIONS. The Idaho
21 department of health and welfare shall have the authority to grant personal
22 care services homes that have been approved pursuant to IDAPA
23 16.03.09.146.06.f.ix, a waiver from sections 39-1301(b) and (c) (1), Idaho
24 Code, to permit no more than two (2) persons, both of whom meet the level of
25 care defined in those sections, to reside in the same personal care services
26 home, regardless of payor source. Before granting a waiver under this section,
27 the department shall require, when feasible, written statements from each of
28 the two (2) persons or their legal representatives evidencing their desire to
29 reside in the same personal care services home (1) Chapter 13, title 39,
30 Idaho Code, shall not have the effect of preventing two (2) persons in need of
31 the care described in section 39-1301(b), Idaho Code, from residing in a cer-
32 tified family home when:
33 (a) Each of the persons has given a written statement to the department
34 requesting the arrangement and each person making the request is informed,
35 not coerced, and competent; and
36 (b) The department finds the arrangement safe and effective; and
37 (c) The department issues a written waiver permitting the arrangement.
38 (2) The department shall use negotiated rulemaking when promulgating
39 rules to carry out the provisions of this section to ensure a person's ability
40 to choose services and service provider is considered.
41 (3) The department shall revoke any waiver granted pursuant to this sec-
42 tion where it is determined there is a threat to the life or safety of either
43 person or where one (1) of the persons leaves the personal care services home
44 living arrangement permanently or notifies the department in writing that they
45 do he does not wish to reside in the personal care services home setting with
46 the other individual. Any waiver granted under this section shall be reviewed
47 annually.
48 SECTION 7. That Chapter 13, Title 39, Idaho Code, be, and the same is
49 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
50 ignated as Section 39-1301B, Idaho Code, and to read as follows:
51 39-1301B. NURSING FACILITY CONVERSIONS. (1) A nursing facility that vol-
9
1 untarily reduces the number of its licensed beds to provide residential and
2 assisted living services, certified family home services, adult day health
3 services, respite care, hospice, outpatient therapy services, congregate
4 meals, home health, senior wellness clinic, or other services provided under a
5 medicaid home and community-based services waiver for the aged or disabled may
6 convert the original facility or portion of the facility back, and thereby
7 increase the number of nursing home beds to no more than the previously
8 licensed number of nursing home beds provided the facility has been in contin-
9 uous operation and has not been purchased or leased. Any conversion to the
10 original licensed bed capacity, or to any portion thereof, shall comply with
11 the same life safety code requirements as existed at the time the nursing
12 facility voluntarily reduced its licensed beds.
13 (2) To convert beds back to nursing facility beds under this section, the
14 nursing home must:
15 (a) Give notice of its intent to preserve conversion options to the
16 department no later than thirty (30) days after the effective date of the
17 license reduction; and
18 (b) Give notice to the department and any affected participant of the
19 intent to convert beds back. If construction is required for the conver-
20 sion of beds back, the notice of intent to convert beds back must be
21 given, at a minimum, one (1) year prior to the effective date of license
22 modification reflecting the restored beds; otherwise, the notice must be
23 given a minimum of ninety (90) days prior to the effective date of license
24 modification reflecting the restored beds.
25 (3) Conversion of beds back to nursing facility use under this section
26 must be completed no later than four (4) years after the effective date of the
27 license reduction. However, for good cause shown, the four (4) year period for
28 conversion may be extended by the department for an additional four (4) year
29 period.
30 SECTION 8. That Section 39-2411, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-2411. PERSONS, ACTIVITIES OR ENTITIES NOT SUBJECT TO REGULATION UNDER
33 THIS CHAPTER. The following are not subject to regulation for the purposes of
34 this chapter:
35 (1) A family member;
36 (2) An organization that provides only meal service in a person's resi-
37 dence;
38 (3) Entities furnishing durable medical equipment that does not involve
39 the delivery of professional services beyond those necessary to set up and
40 monitor the proper functioning of the equipment and educate the user on its
41 proper use;
42 (4) A professional licensed person who independently provides services in
43 the home;
44 (5) An employee or volunteer of an agency who provides nonprofessional
45 services only as an employee or volunteer;
46 (6) Facilities and institutions including, but not limited to, nursing
47 homes, hospitals, boarding homes, developmental disability residential pro-
48 grams, or other facilities and institutions, only when providing services to
49 persons residing within the facility or institution if the delivery of the
50 services is regulated by the state;
51 (7) Nursing homes, hospitals, or other institutions, agencies, organiza-
52 tions, or persons that contract with licensed home health, hospice, or home
53 care agencies for the delivery of services;
10
1 (8) In-home assessments by licensed professionals of an ill, disabled, or
2 infirm person's ability to adapt to the home environment that does not result
3 in regular ongoing care at home by that licensed professional;
4 (9) Services conducted by and for the adherents of a church or religious
5 denomination that rely upon spiritual means alone through prayer for healing
6 in accordance with the tenets' beliefs genuinely held by such adherents;
7 (10) A medicare approved dialysis center operating a medicare approved
8 home dialysis program;
9 (11) Case management services which do not include the direct delivery of
10 home health, hospice, or home care services;
11 (12) A medicare certified hospice agency; and
12 (13) A state authorized personal care service provider assistance agency
13 or personal assistant as defined in chapter 56, title 39, Idaho Code.
14 SECTION 9. That Section 39-3301, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-3301. LEGISLATIVE INTENT AND DECLARATION. The purpose of a board and
17 care residential or assisted living facility in Idaho is to provide a humane,
18 safe, and home-like living arrangement for persons who are mentally ill,
19 developmentally disabled or physically disabled who need some assistance with
20 activities of daily living and personal care but do not require the level of
21 care provided by nursing facilities or other institutions identified under
22 section 39-1301(b), Idaho Code, other than for short exceptional stays.
23 The state will encourage the development of facilities tailored to the
24 needs of individual populations which operate in integrated settings in commu-
25 nities where sufficient supportive services exist to provide the resident, if
26 appropriate, an opportunity to work and be involved in recreation and educa-
27 tion opportunities alongside people who are not mentally ill, developmentally
28 disabled or physically disabled. Additional services can be made available in
29 the facility to meet the resident's identified needs.
30 The facilities shall be operated and staffed by individuals who have the
31 knowledge and experience required to provide safe and appropriate services to
32 all residents of the facility. The operators shall protect the rights and pro-
33 vide appropriate services to meet the needs of the individual residents.
34 The department will be responsible for monitoring and enforcing the provi-
35 sions of this chapter. This responsibility includes, but is not limited to,
36 monitoring the condition of the facility, the individualized, written plan of
37 care including activities of daily living and support services to be provided,
38 and the development of enforcement procedures when violations occur.
39 Nothing in this chapter is intended to reduce or eliminate any duty of the
40 department or any other public or private entity for provision of services for
41 any resident.
42 SECTION 10. That Section 39-3302, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 39-3302. DEFINITIONS. As used in this chapter:
45 (1) "Activities of daily living" means the performance of basic self-care
46 activities in meeting an individual's needs to sustain him in a daily living
47 environment.
48 (2) "Administrator/operator" means any person who has responsibility for
49 day-to-day administration or operation of a licensed residential care or
50 assisted living facility which provides services to individuals who are men-
51 tally ill, developmentally disabled or physically disabled.
11
1 (3) "Adult" means a person who has attained the age of eighteen (18)
2 years.
3 (4) "Adult foster care family" means all individuals related by blood or
4 marriage, other than residents, residing in the adult foster care home.
5 (5) "Adult foster care home" means a family home in which two (2) or less
6 adults are placed to live who are not able to reside in their own home and who
7 require family care, help in daily living, protection, security, and encour-
8 agement toward independence (may be referred to as a "home").
9 (6) "Advocate" means an authorized or designated representative of a pro-
10 gram or organization operating under federal or state mandate to represent the
11 interests of mentally ill, developmentally disabled, or elderly residents.
12 (75) "Assessment" means the conclusion reached using uniform criteria
13 developed by the department and relevant councils for determining a person's
14 need for care and services.
15 (86) "Board" means the board of health and welfare.
16 (97) "Board and care council" means the interdisciplinary group appointed
17 by the director to advise the agency on matters of policy relating to board
18 and care residential or assisted living facilities and certified family homes.
19 (8) "Care provider" means an adult member of the home family responsible
20 for maintaining the certified family home. The care provider and the legal
21 owner may not necessarily be the same person.
22 (109) "Certificate" means a one (1) year certificate issued by the certi-
23 fying agent of the department to adult foster care certified family homes com-
24 plying with this chapter.
25 (10) "Certified family home" means a family home in which two (2) or fewer
26 adults are placed to live who are not able to reside in their own home and who
27 require family care, help in daily living, protection, security, and encour-
28 agement toward independence (may be referred to as a "home"). Notwithstanding
29 the foregoing, upon application by the owner the department may authorize not
30 more than four (4) adults to be placed in a certified family home which is
31 owner-occupied.
32 (11) "Certifying agent" means a person representing the areas of social
33 services, mental health or developmental disabilities, acting under the
34 authority of the department to participate in the certification, inspection,
35 and regulation of an adult foster care certified family home.
36 (12) "Client" means any person who receives financial aid and/or services
37 from an organized program of the department.
38 (13) "Continuing" means personal assistance services required over an
39 extended period of time.
40 (14) "Department" means the Idaho department of health and welfare.
41 (15) "Director" means the director of the Idaho department of health and
42 welfare.
43 (16) "Facility" means a licensed residential care or assisted living
44 facility which provides services to individuals who are mentally ill, develop-
45 mentally disabled or physically disabled or an adult foster care certified
46 family home.
47 (17) "Foster care provider" means an adult member of the foster care fam-
48 ily responsible for maintaining the adult foster care home. The foster care
49 provider and the legal owner may not necessarily be the same person.
50 (18) "Governmental unit" means the state, any county, any city, other
51 political subdivision, or any department, division, board, or other agency
52 thereof.
53 (18) "Home family" means all individuals related by blood or marriage,
54 other than residents, residing in the certified family home.
55 (19) "Him or his" means him or her.
12
1 (20) "License" means a basic permit to operate a licensed residential care
2 or assisted living facility which provides services to individuals who are
3 mentally ill, developmentally disabled or physically disabled.
4 (210) "Licensee" means the holder of a license to operate a licensed resi-
5 dential care or assisted living facility under this chapter.
6 (221) "Licensing agency" means the unit of the department of health and
7 welfare that conducts inspections and surveys and issues licenses based on
8 compliance with this chapter.
9 (232) "Negotiated service agreement" means the agreement reached by the
10 resident and/or their representative and the facility, based on the assess-
11 ment, physician's orders if any, admission records if any, and desires of the
12 clients, and which outlines services to be provided and the obligations of
13 facility and resident.
14 (23) "Authorized provider" means an individual who is a nurse practitioner
15 or clinical nurse specialist, licensed by the Idaho state board of nursing, or
16 a physician assistant, licensed by the Idaho state board of medicine.
17 (24) "Person" means any individual, firm, partnership, corporation, com-
18 pany, association or joint stock association, and the legal successor thereof.
19 (25) "Personal assistance" means the provision by the staff of the facil-
20 ity of one (1) or more of the following services:
21 (a) Assisting the resident with activities of daily living.
22 (b) Arranging for supportive services.
23 (c) Being aware of the resident's general whereabouts.
24 (d) Monitoring the activities of the resident while on the premises of
25 the facility to ensure the resident's health, safety and well-being.
26 (26) "Political subdivision" means a city or county.
27 (27) "Representative of the department" means an employee of the depart-
28 ment.
29 (28) "Resident" means an adult who resides lives in a licensed residential
30 care or assisted living facility or an adult foster care certified family home
31 who may be mentally ill, developmentally disabled, physically disabled and/or
32 elderly and for whom appropriate care is given and who requires personal
33 assistance or supervision.
34 (29) "Residential care or assisted living facility" means a facility or
35 residence, however named, operated on either a profit or nonprofit basis for
36 the purpose of providing necessary supervision, personal assistance, meals and
37 lodging to three (3) or more developmentally disabled, physically disabled
38 and/or mentally ill adults not related to the owner.
39 (30) "Room and board" means lodging and meals.
40 (31) "Qualified mental health professional" means a person who is quali-
41 fied, by training and experience as defined by rules promulgated by the board,
42 to provide services to the mentally ill.
43 (32) "Qualified mental retardation professional" means a person who is
44 qualified, by training and experience as defined by rules promulgated by the
45 board, to provide services to the mentally retarded.
46 (33) "Substantial compliance" means there are no deficiencies which would
47 endanger the health, safety, or welfare of the residents. It also means defi-
48 ciencies affecting resident welfare including resident rights, resident prop-
49 erty, and the opportunity, where appropriate, to work and be involved in rec-
50 reation and education opportunities in the community.
51 (34) "Supervision" means administrative activity which provides the fol-
52 lowing: protection, guidance, knowledge of the resident's whereabouts, and
53 assistance with activities of daily living. The operator is responsible for
54 providing appropriate supervision based on each resident's negotiated service
55 agreement.
13
1 (35) "Supportive services" means the specific services that are provided
2 to the resident in the community and that are required by the negotiated ser-
3 vice agreement or reasonably requested by the resident.
4 SECTION 11. That Section 39-3303, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 39-3303. PAYMENT LEVELS. Clients of the department who are mentally ill,
7 developmentally disabled or physically disabled and are receiving financial
8 aid as set out in sections 56-207, 56-208 and 56-209a, Idaho Code, seeking
9 placement in a licensed residential care or assisted living facility or certi-
10 fied family home will be assessed by a the department. Based upon the assessed
11 need, the specific types of services and supports required will determine the
12 level of payment to be received by the resident according to the following
13 criteria:
14 (1) Level I. The client requires room, board, and supervision and may
15 require one (1) or more of the following:
16 (a) Minimal assistance with activities of daily living and nonmedical
17 personal assistance.
18 (b) Minimal assistance with mobility, i.e., client is independently
19 mobile.
20 (c) Minimal assistance in an emergency, i.e., client is capable of self-
21 preservation in an emergency.
22 (d) Minimal assistance with medications, i.e., client does not require
23 medication management or supervision.
24 (e) Minimal behavior management substantiated by the client's history.
25 (2) Level II. The client requires room, board, and supervision and may
26 require one (1) or more of the following:
27 (a) Moderate assistance with activities of daily living and nonmedical
28 personal assistance.
29 (b) Moderate assistance with mobility, but easily mobile with assistance.
30 (c) Moderate assistance in an emergency, but client is capable of self-
31 preservation with assistance.
32 (d) Moderate assistance with medications.
33 (e) Moderate assistance with behavior management.
34 (3) Level III. The client requires room, board, and staff up and awake
35 on a twenty-four (24) hour basis and may require one (1) or more of the fol-
36 lowing:
37 (a) Extensive assistance with activities of daily living.
38 (b) Extensive personal assistance.
39 (c) Extensive assistance with mobility and may be immobile without exten-
40 sive assistance.
41 (d) Extensive assistance in an emergency and may be incapable of self-
42 preservation without assistance.
43 (e) Extensive assistance with and monitoring of medications.
44 (f) Extensive assistance with training and/or behavior management.
45 (4) Other levels and amounts as determined by the department pursuant to
46 negotiated rulemaking as defined in chapter 52, title 67, Idaho Code.
47 SECTION 12. That Section 39-3304, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 39-3304. TYPES OF FACILITIES. The state will foster the development of,
50 and provide incentives for, licensed residential care or assisted living
51 facilities serving specific mentally ill and developmentally or physically
14
1 disabled populations which are small in size to provide for family and home-
2 like arrangements. Small facilities of eight (8) beds or less for the develop-
3 mentally or physically disabled population and fifteen (15) beds or less for
4 the mentally ill population will provide residents with the opportunity for
5 normalized and integrated living in typical homes in neighborhoods and commu-
6 nities.
7 SECTION 13. That Section 39-3305, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-3305. RULES. The board shall have the authority to adopt, amend,
10 repeal and enforce such reasonable rules as may be necessary or proper to
11 carry out the purpose and intent of this chapter which are designed to protect
12 the health, safety and individual rights of residents in licensed residential
13 care or assisted living facilities and provide adequate nutrition, supervi-
14 sion, and therapeutic recreational activities and to enable the department to
15 exercise the powers and perform the duties conferred upon it by this chapter,
16 not inconsistent with any statute of this state. These rules, regulations, and
17 standards shall be promulgated in accordance with the provisions of the Idaho
18 administrative procedure act.
19 SECTION 14. That Section 39-3306, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-3306. STATE LICENSING TO SUPERSEDE LOCAL REGULATION. This chapter and
22 the rules promulgated pursuant to this chapter shall supersede any program of
23 any political subdivision of the state which licenses or sets standards for
24 licensed residential care or assisted living facilities.
25 SECTION 15. That Section 39-3307, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 39-3307. ADMISSIONS. (1) A licensed residential care or assisted living
28 facility shall not admit or retain any resident requiring a level of services
29 or type of service for which the facility is not licensed or which the facil-
30 ity does not provide or arrange for, or if the facility does not have the
31 staff, appropriate in numbers and with appropriate skills, to provide.
32 (2) The department shall develop rules governing admissions to licensed
33 residential care or assisted living facilities.
34 SECTION 16. That Section 39-3310, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 39-3310. PERIODIC REVIEW. The negotiated service agreement may shall be
37 reviewed as necessary but must be reviewed at least every six (6) months when
38 a significant change in condition or function occurs or at least every twelve
39 (12) months.
40 SECTION 17. That Section 39-3311, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 39-3311. PHYSICIAN'S ORDER. A physician's or authorized provider's order
43 shall include the following:
44 (1) A history and physical documenting any medical or health problems of
45 the resident which are relevant to the services needed by the resident.
15
1 (2) A description of the functional abilities of the resident including
2 his specific strengths and limitations.
3 (3) The specific needs of the resident for personal assistance.
4 SECTION 18. That Section 39-3313, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 39-3313. ADMISSION AGREEMENTS. Upon admission to a licensed residential
7 care or assisted living facility, the facility and the resident shall enter
8 into an admission agreement. The agreement shall be in writing and shall be
9 signed by both parties. The board shall promulgate rules governing admission
10 agreements which may be integrated with the negotiated service agreement.
11 SECTION 19. That Section 39-3314, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 39-3314. TERMINATION OF ADMISSION AGREEMENTS. Admission agreements may
14 only be terminated pursuant to rules and regulations promulgated by the board.
15 SECTION 20. That Section 39-3315, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 39-3315. ADMISSION RECORDS. Records required for admission to a facility
18 shall be maintained and updated for administrative purposes only and shall be
19 confidential. Their availability, subject to Idaho department of health and
20 welfare rules, chapter 1, title 5, chapter 1, shall be limited to administra-
21 tion, professional consultants, the resident's physician or authorized pro-
22 vider, and representatives of the licensing agency. They shall include at
23 least the following information:
24 (1) Name and social security number.
25 (2) Permanent address if other than the facility.
26 (3) Marital status and sex.
27 (4) Birthplace and date of birth.
28 (5) Name, address and telephone number of responsible agent or agency.
29 (6) Personal physician or authorized provider and dentist.
30 (7) Admission date and by whom admitted.
31 (8) Results of a physical or health status examination performed by a
32 licensed physician or nurse practitioner authorized provider within six (6)
33 months prior to admission.
34 (9) A list of medications, treatments and diet prescribed for the resi-
35 dent which is signed and dated by the physician or authorized provider giving
36 the order(s).
37 (10) The results of an assessment of any developmentally disabled or men-
38 tally ill person which support the ability of the facility to meet the needs
39 of the resident.
40 (11) Psychosocial history, current within six (6) months prior to admis-
41 sion, completed by a licensed social worker, psychologist, psychiatrist, or
42 licensed physician for clients of the department. For residents who are either
43 developmentally disabled or mentally ill, the psychosocial history shall be
44 performed by either a qualified mental retardation professional or qualified
45 mental health professional.
46 (12) Religious affiliation if resident chooses to so state.
47 (13) Interested relatives and friends other than those in subsection (5)
48 of this section. Names, addresses and telephone numbers of family members
49 and/or significant others.
16
1 (14) Resident assessment.
2 SECTION 21. That Section 39-3316, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-3316. RESIDENT RIGHTS. A licensed residential care or assisted living
5 facility must protect and promote the rights of each resident, including each
6 of the following rights:
7 (1) Resident records. Each facility must maintain and keep current a
8 record of the following information on each resident:
9 (a) A copy of the resident's current negotiated service agreement and
10 physician's order.
11 (b) Written acknowledgement that the resident has received copies of the
12 rights.
13 (c) A record of all personal property and funds which the resident has
14 entrusted to the facility, including copies of receipts for the property.
15 (d) Information about any specific health problems of the resident which
16 may be useful in a medical emergency.
17 (e) The name, address and telephone number of an individual identified by
18 the resident who should be contacted in the event of an emergency or death
19 of the resident.
20 (f) Any other health-related, emergency, or pertinent information which
21 the resident requests the facility to keep on record.
22 (g) The current admission agreement between the resident and the facil-
23 ity.
24 (2) Privacy. Each resident must be assured the right to privacy with
25 regard to accommodations, medical and other treatment, written and telephone
26 communications, visits, and meetings of family and resident groups.
27 (3) Humane care and environment (dignity and respect).
28 (a) Each resident shall have the right to humane care and a humane envi-
29 ronment, including the following:
30 1. The right to a diet which is consistent with any religious or
31 health-related restrictions.
32 2. The right to refuse a restricted diet.
33 3. The right to a safe and sanitary living environment.
34 (b) Each resident shall have the right to be treated with dignity and
35 respect, including:
36 1. The right to be treated in a courteous manner by staff.
37 2. The right to receive a response from the facility to any request
38 of the resident within a reasonable time.
39 (4) Personal possessions. Each resident shall have the right to:
40 (a) Wear his own clothing.
41 (b) Determine his own dress or hair style.
42 (c) Retain and use his own personal property in his own living area so as
43 to maintain individuality and personal dignity.
44 (d) Be provided a separate storage area in his own living area and at
45 least one (1) locked cabinet or drawer for keeping personal property.
46 (5) Personal funds. Residents whose board and care is paid for by public
47 assistance shall retain, for their personal use, the difference between their
48 total income and the applicable board and care allowance established by
49 department rules.
50 (a) A facility shall not require a resident to deposit his personal funds
51 with the facility.
52 (b) Once the facility accepts the written authorization of the resident,
53 must hold, safeguard, and account for such personal funds under a system
17
1 established and maintained by the facility in accordance with this sub-
2 paragraph.
3 (6) Management of personal funds. Upon a facility's acceptance of written
4 authorization of a resident, the facility must manage and account for the per-
5 sonal funds of the resident deposited with the facility as follows:
6 (a) The facility must deposit any amount of a resident's personal funds
7 in excess of one hundred dollars ($100) in an interest-bearing account (or
8 accounts) that is separate from any of the facility's operating accounts
9 and credit all interest earned on such separate account to such account.
10 The facility must maintain any other personal funds in a noninterest-bear-
11 ing account or petty cash fund.
12 (b) The facility must assure a full and complete separate accounting of
13 each resident's personal funds, maintain a written record of all financial
14 transactions involving each resident's personal funds deposited with the
15 facility, and afford the resident (or a legal representative of the resi-
16 dent) reasonable access to such record.
17 (c) Upon the death of a resident with such an account, the facility must
18 promptly convey the resident's personal funds (and a final accounting of
19 such funds) to the individual administering the resident's estate. For
20 clients of the department, the remaining balance of funds shall be
21 refunded to the department.
22 (7) Access and visitation rights. Each facility must permit:
23 (a) Immediate access to any resident by any representative of the depart-
24 ment, by the state ombudsman for the elderly or his designees, or by the
25 resident's individual physician.
26 (b) Immediate access to a resident, subject to the resident's right to
27 deny or withdraw consent at any time, by immediate family or other rela-
28 tives.
29 (c) Immediate access to a resident, subject to reasonable restrictions
30 and the resident's right to deny or withdraw consent at any time, by
31 others who are visiting with the consent of the resident.
32 (d) Reasonable access to a resident by any entity or individual that pro-
33 vides health, social, legal, or other services to the resident, subject to
34 the resident's right to deny or withdraw consent at any time.
35 (8) Employment. Each resident shall have the right to refuse to perform
36 services for the facility except as contracted for by the resident and the
37 operator of the facility. If the resident is hired by the facility to perform
38 services as an employee of the facility, the wage paid to the resident shall
39 be consistent with state and federal law.
40 (9) Confidentiality. Each resident shall have the right to confidential-
41 ity of personal and clinical records.
42 (10) Freedom from abuse, neglect, and restraints. Each resident shall have
43 the right to be free from physical, mental or sexual abuse, neglect, corporal
44 punishment, involuntary seclusion, and any physical or chemical restraints
45 imposed for purposes of discipline or convenience.
46 (11) Freedom of religion. Each resident shall have the right to practice
47 the religion of his choice or to abstain from religious practice. Residents
48 shall also be free from the imposition of the religious practices of others.
49 (12) Control and receipt of health-related services. Each resident shall
50 have the right to control his receipt of health-related services, including:
51 (a) The right to retain the services of his own personal physician, and
52 dentist and other health care professionals.
53 (b) The right to select the pharmacy or pharmacist of his choice.
54 (c) The right to confidentiality and privacy concerning his medical or
55 dental condition and treatment.
18
1 (13) Grievances. Each resident shall have the right to voice grievances
2 with respect to treatment or care that is (or fails to be) furnished, without
3 discrimination or reprisal for voicing the grievances and the right to prompt
4 efforts by the facility to resolve grievances the resident may have, including
5 those with respect to the behavior of other residents.
6 (14) Participation in resident and family groups. Each resident shall have
7 the right to organize and participate in resident groups in the facility and
8 the right of the resident's family to meet in the facility with the families
9 of other residents in the facility.
10 (15) Participation in other activities. Each resident shall have the right
11 to participate in social, religious, and community activities that do not
12 interfere with the rights of other residents in the facility.
13 (16) Examination of survey results. Each resident shall have the right to
14 examine, upon reasonable request, the results of the most recent survey of the
15 facility conducted by the department with respect to the facility and any plan
16 of correction in effect with respect to the facility.
17 (17) Other rights. Each resident shall have any other right established by
18 the department.
19 SECTION 22. That Section 39-3318, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-3318. FACILITY RESPONSE TO INCIDENTS AND COMPLAINTS. (1) In addition
22 to any other requirements of this chapter, the licensed residential care or
23 assisted living facility shall provide a procedure approved by the licensing
24 agency for immediate response to incidents and complaints. This procedure
25 shall include a method of assuring that the owner, licensee, or person desig-
26 nated by the owner or licensee is notified of the incident, that the owner,
27 licensee, or person designated by the owner or licensee has personally inves-
28 tigated the matter, and that the person making the complaint or reporting the
29 incident has received a response of action taken or a reason why no action
30 needs to be taken. In the case of anonymous complaints, the
31 administrator/operator shall document the action taken or a reason why no
32 action needs to be taken.
33 (2) In order to assure the opportunity for complaints from the residents,
34 the neighborhood, and the community to be made directly to the owner, licen-
35 see, or person designated by the owner or licensee, each facility shall estab-
36 lish a regular time when the owner, licensee, or person designated by the
37 owner or licensee will be present to respond to such incidents or complaints.
38 SECTION 23. That Section 39-3319, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-3319. ACCESS BY ADVOCATES AND REPRESENTATIVES. A licensed residential
41 care or assisted living facility shall permit advocates and representatives of
42 community legal services programs, whose purposes include rendering assistance
43 without charge to residents, to have access to the facility at reasonable
44 times in order to:
45 (1) Visit, talk with, and make personal, social and legal services avail-
46 able to all residents.
47 (2) Inform residents of their rights and entitlements, and their corre-
48 sponding obligations under state, federal and local laws by distribution of
49 educational materials and discussion in groups and with individuals.
50 (3) Assist residents in asserting their legal rights regarding claims for
51 public assistance, medical assistance, and social security benefits, as well
19
1 as in all other matters in which residents are aggrieved, which may be pro-
2 vided individually, or in a group basis, and may include organizational activ-
3 ity, counseling, and litigation.
4 (4) Engage in all other methods of assisting, advising, and representing
5 residents so as to extend to them the full enjoyment of their rights.
6 (5) Communicate privately and without restrictions with any resident who
7 consents to the communication.
8 (6) Observe all common areas of the facility.
9 SECTION 24. That Section 39-3320, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-3320. RESIDENT COUNCILS. (1) Every licensed residential care or
12 assisted living facility over fifteen (15) beds shall assist the residents in
13 establishing and maintaining a resident council. The council shall be composed
14 of residents of the facility and may include their family members. The council
15 may extend membership to advocates, friends and others.
16 (2) The council shall have the following duties:
17 (a) To assist the facility in developing a grievance procedure.
18 (b) To communicate resident opinions and concerns.
19 (c) To obtain information from the facility and disseminate the informa-
20 tion to the residents.
21 (d) To identify problems and participate in the resolution of those prob-
22 lems.
23 (e) To act as a liaison with the community.
24 (3) This section may be waived provided that the operator meets regularly
25 with residents and that residents decline to participate in a formal council
26 and appropriate documentation exists to indicate the residents' decision.
27 SECTION 25. That Section 39-3321, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-3321. QUALIFICATIONS AND REQUIREMENTS OF ADMINISTRATOR/OPERATOR. Each
30 licensed residential care or assisted living facility must employ at least one
31 (1) full-time administrator licensed by the board responsible for licensing
32 residential care or assisted living administrators for the state of Idaho who:
33 (1) Is of good moral and responsible character and has not been
34 convicted, or is not under the influence or control of anyone convicted, of
35 any felony or defrauding the federal government:
36 (a) A criminal offense related to the delivery of an item or service
37 under medicare, medicaid or other state health care program; or
38 (b) A criminal offense related to the neglect or abuse of a patient, in
39 connection with the delivery of a health care item or service; or
40 (c) A criminal offense related to fraud, theft, embezzlement, breach of
41 fiduciary responsibility, or other financial misconduct; or
42 (d) A criminal offense resulting in death or injury to a person.
43 (2) Has sufficient physical, emotional, and mental capacity to carry out
44 the requirements of this chapter.
45 (3) Has sufficient management and administrative ability to carry out the
46 requirements of this chapter.
47 Multiple facilities under one (1) administrator may be allowed by the
48 department based on an approved plan of operation.
49 SECTION 26. That Section 39-3322, Idaho Code, be, and the same is hereby
50 amended to read as follows:
20
1 39-3322. QUALIFICATIONS AND REQUIREMENTS FOR FACILITY STAFF. Each facil-
2 ity must employ or arrange for sufficient trained staff to fully meet the
3 needs of its residents and the requirements of this chapter. The facility
4 shall have sufficient staff to provide care during all hours required in each
5 resident's negotiated service plan. Additional staff may be required if phys-
6 ical plant and disability of residents indicate that staff assistance in emer-
7 gencies is required. Benchmarks shall be established in the assessment crite-
8 ria where the need for certified nursing assistants or licensed nurses is
9 indicated. Licensed rResidential care or assisted living facilities shall not
10 retain residents who require routine nursing care on a daily basis the care
11 provided by nursing facilities under section 39-1301(b), Idaho Code, other
12 than for short exceptional stays pursuant to negotiated rulemaking as defined
13 in chapter 52, title 67, Idaho Code.
14 SECTION 27. That Section 39-3324, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-3324. STAFF TRAINING. All employees of a licensed residential care or
17 assisted living facility shall receive department approved orientation and
18 continuing education pertinent to their job responsibilities.
19 SECTION 28. That Section 39-3325, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-3325. REQUIREMENTS FOR LOCATION AND PHYSICAL ENVIRONMENT OF FACILI-
22 TIES. (1) Licensed rResidential care or assisted living facilities shall:
23 (a) Be located in geographical areas which are accessible to supportive
24 services and are free from conditions which would pose a danger to the
25 residents.
26 (b) Be maintained internally and externally in good repair and condition.
27 (c) Be maintained in a clean and sanitary manner, including proper sewage
28 disposal, food handling, and hygiene practices.
29 (d) Be maintained in such a manner as to be free from fire/safety haz-
30 ards.
31 (2) The department shall promulgate rules and regulations concerning
32 physical structure, fire safety, health and sanitation, household items and
33 furnishings, diet, self-administered medications, and rooms.
34 SECTION 29. That Section 39-3330, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 39-3330. BOARD AND CARE COUNCIL. (1) The department shall establish a
37 state level board and care council consisting of twenty (20) members appointed
38 by the director. The director, or his designee, shall serve as chairman of the
39 council. The members of the council shall be:
40 (a) The representative of the department's adult services unit or his
41 designee.
42 (b) The representative of the department's mental health unit or his des-
43 ignee.
44 (c) The representative of the department's developmental disabilities
45 unit or his designee.
46 (d) The state ombudsman for the elderly or his designee.
47 (e) The director of the state protection and advocacy system or his des-
48 ignee.
49 (f) An advocate for mentally ill citizens in the state.
21
1 (g) An advocate for physically disabled citizens in the state.
2 (h) The director of the state developmental disabilities council or his
3 designee.
4 (i) Six (6) Four (4) administrators or licensees of licensed residential
5 care or assisted living facilities, one (1) of whom shall be the president
6 of the state association representing residential care or assisted living
7 facilities and two (2) of whom shall be designees representing such asso-
8 ciation.
9 (j) Two (2) adult foster care Four (4) certified family home providers,
10 certified pursuant to this chapter.
11 (k) Three (3) residents of licensed residential care or assisted living
12 facilities who are mentally ill, developmentally disabled or physically
13 disabled or individuals residing in adult foster care certified family
14 homes.
15 (2) In appointing the first members of the council who are not state
16 agency representatives, the director shall appoint eight (8) members for a
17 term of two (2) years and seven (7) members for a term of three (3) years.
18 After the initial appointment, members who are not state agency representa-
19 tives shall serve three (3) year terms. A vacancy shall be filled for the
20 remainder of the unexpired term from the same class of persons represented by
21 the outgoing member.
22 SECTION 30. That Section 39-3331, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-3331. POWERS AND DUTIES. The board and care council shall have the
25 following powers and duties:
26 (1) To make policy recommendations regarding the coordination of licens-
27 ing, certifying and enforcement standards in board and care residential or
28 assisted living facilities and certified family homes and the provision of
29 services to residents of board and care residential or assisted living facili-
30 ties and certified family homes.
31 (2) To advise the department regarding methods for identification of
32 unlicensed board and care residential or assisted living facilities and uncer-
33 tified family homes.
34 (3) To advise the agency during development and revision of rules. and
35 regulations.
36 (4) To review and comment upon proposed rules. and regulations.
37 (5) To submit an annual report to the legislature stating opinions and
38 recommendations which would further the state's capability in addressing board
39 and care residential or assisted living facility and certified family home
40 issues.
41 SECTION 31. That Section 39-3340, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 39-3340. LICENSING OF RESIDENTIAL CARE OR ASSISTED LIVING FACILITIES FOR
44 THE MENTALLY ILL, DEVELOPMENTALLY DISABLED AND PHYSICALLY DISABLED. After July
45 1, 1991, no person, firm, partnership, association, or corporation within the
46 state and no state or local public agency shall operate, establish, manage,
47 conduct, or maintain a residential care or assisted living facility in the
48 state without a current valid license issued by the licensing agency of the
49 department.
50 SECTION 32. That Section 39-3341, Idaho Code, be, and the same is hereby
22
1 amended to read as follows:
2 39-3341. INITIAL APPLICATION AND ISSUANCE OF A LICENSE. Any person or
3 governmental unit proposing to operate a residential care or assisted living
4 facility shall apply for a license to the licensing agency specifying the
5 types of residents to be served and the level(s) of care to be provided.
6 SECTION 33. That Section 39-3342, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-3342. APPLICATION. The applicant shall apply for a license upon forms
9 provided by the licensing agency giving such information as the licensing
10 agency shall require including, but not limited to:
11 (1) Evidence satisfactory to the licensing agency of the ability of the
12 applicant to comply with the provisions of this chapter and with the rules,
13 regulations and standards adopted under this chapter by the department.
14 (2) Evidence satisfactory to the department that the applicant is of rep-
15 utable and responsible character.
16 (3) The evidence shall include, but not be limited to:
17 (a) A criminal record clearance;
18 (b) Fingerprinting;
19 (c) Employment history;
20 (d) Credit report;
21 (e) Character references.
22 (4) If the applicant is a firm, association, organization, partnership,
23 business trust, corporation, or company, like evidence shall be submitted as
24 to the members or shareholders holding ten percent (10%) or more interest
25 thereof, and the administrator/operator of the licensed residential care or
26 assisted living facility.
27 (5) Evidence satisfactory to the licensing agency that the applicant has
28 sufficient financial resources to maintain the standards of service required
29 by rules, regulations and standards adopted pursuant to this chapter.
30 (6) Evidence satisfactory to the licensing agency that the
31 administrator/operator has successfully completed the department approved ori-
32 entation.
33 (7) Disclosure of any revocation or other disciplinary action taken, or
34 in the process of being taken, against a license held or previously held by
35 the entities in Idaho as specified in section 39-3345, Idaho Code, or any
36 other jurisdiction.
37 (8) Any other information as may be required by the licensing agency for
38 the proper administration and enforcement of the provisions of this chapter.
39 (9) Failure of the applicant to cooperate with the licensing agency in
40 the completion of the application shall result in the denial of the applica-
41 tion. Failure to cooperate means that the information described in this sec-
42 tion and in regulations rules of the department has not been provided, or not
43 provided in the form requested by the licensing agency, or both.
44 (10) A signed statement that the person desiring issuance or renewal of a
45 license has read and understands the provisions of this chapter and residen-
46 tial care or assisted living facility rules which apply to individuals who are
47 mentally ill, developmentally disabled or physically disabled.
48 SECTION 34. That Section 39-3345, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 39-3345. DENIAL OR REVOCATION OF A LICENSE. The licensing agency may deny
23
1 the issuance of a license or revoke any license when persuaded by a preponder-
2 ance of evidence that such conditions exist as to endanger the health or
3 safety of any resident, or when the facility is not in substantial compliance
4 with the any provisions of this chapter and or the rules, regulations and
5 standards promulgated pursuant to this chapter.
6 SECTION 35. That Section 39-3348, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-3348. REGULATIONS RULES PROVIDED. Upon initial licensure, residential
9 care or assisted living facilities shall be provided a printed copy of all
10 applicable regulations rules by the department, without charge.
11 SECTION 36. That Section 39-3349, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 39-3349. RESPONSIBILITY FOR INSPECTIONS AND LICENSING -- NONTRANSFERABIL-
14 ITY OF LICENSES. The licensing agency shall inspect and license residential
15 care or assisted living facilities. A license is not transferable.
16 SECTION 37. That Section 39-3350, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 39-3350. CONSULTING SERVICES. The department may provide consulting ser-
19 vices upon request to any residential care or assisted living facility to
20 assist in the identification or correction of deficiencies and in the upgrad-
21 ing of the quality of care provided by the facility.
22 SECTION 38. That Section 39-3352, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-3352. UNLICENSED RESIDENTIAL CARE OR ASSISTED LIVING FACILITIES. (1)
25 No unlicensed residential care or assisted living facility which provides ser-
26 vices to individuals who are mentally ill, developmentally disabled or physi-
27 cally disabled shall operate in this state.
28 (2) A facility shall be deemed to be an "unlicensed residential care or
29 assisted living facility" and "maintained and operated to provide residential
30 care services" if it is unlicensed and not exempt from licensure, and any one
31 (1) of the following conditions is satisfied:
32 (a) The facility is, or is held out as or represented as, providing care,
33 supervision and services.
34 (b) The facility accepts or retains residents who demonstrate the need
35 for care, supervision, and services, as defined in this chapter or the
36 rules adopted pursuant to this chapter.
37 (3) Upon discovery of an unlicensed residential care or assisted living
38 facility which provides services to individuals who are mentally ill, develop-
39 mentally disabled or physically disabled, the department shall refer residents
40 to the appropriate placement or adult protective services agency if either of
41 the following conditions exist:
42 (a) There is an immediate threat to the resident's health and safety.
43 (b) The facility will not cooperate with the licensing agency to apply
44 for a license, meet licensing standards, and obtain a valid license.
45 (4) A person found to be operating a residential care or assisted living
46 facility which provides services to individuals who are mentally ill, develop-
47 mentally disabled or physically disabled, without a license shall be guilty of
24
1 a misdemeanor punishable by imprisonment in a county jail not to exceed six
2 (6) months, or by a fine not to exceed five thousand dollars ($5,000).
3 (5) In the event the county attorney in the county where the alleged
4 violation occurred fails or refuses to act within thirty (30) days of notifi-
5 cation of the violation, the attorney general is authorized to prosecute
6 violations under the provisions of this section.
7 SECTION 39. That Section 39-3353, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-3353. PLACEMENT OF PERSONS INTO AN UNLICENSED RESIDENTIAL CARE OR
10 ASSISTED LIVING FACILITY. No person or public agency employee shall place,
11 refer, or recommend placement of a person into a residential care or assisted
12 living facility which is operating without a license.
13 Failure to comply with the provisions of this subsection shall constitute
14 a misdemeanor.
15 SECTION 40. That Section 39-3354A, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 39-3354A. SPECIAL WAIVER PERMITTED. The department may grant a special
18 waiver of the requirement for licensure as a residential care or assisted liv-
19 ing facility when it is deemed in the best interests of individuals and with
20 due consideration of the following criteria:
21 (1) The individuals are residents of a facility operated by a nonprofit
22 health care and/or housing organization established as such in the state of
23 Idaho and satisfying the requirements of U.S. Internal Revenue Code section
24 501(c);
25 (2) The support services required by the individuals are furnished by an
26 entity approved to provide such services in the state of Idaho in good stand-
27 ing as demonstrated by routine inspections required for the type of entity
28 providing services;
29 (3) Facilities seeking such waivers and providing meal service shall be
30 inspected and licensed as a food service establishment by the district health
31 department unless the meal service is provided by a kitchen already part of a
32 facility licensed by the department;
33 (4) The costs of obtaining the needed services from another source are
34 significantly greater and/or would pose a significant hardship on these indi-
35 viduals.
36 Any waiver granted under this section shall be reviewed annually and is
37 subject to inspection by the department to ensure safety and sanitation.
38 SECTION 41. That Section 39-3355, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-3355. INSPECTIONS. (1) The licensing agency shall cause to be made
41 such inspections and investigations as it may deem necessary at least every
42 twelve (12) months to determine compliance with this chapter and applicable
43 rules and standards.
44 (2) All inspections for such purposes will be made unannounced and with-
45 out prior notice at intervals determined by the licensing agency.
46 (3) An inspector shall have full access and authority to examine, among
47 other things, quality of care and service delivery, a facility's records, res-
48 ident accounts, physical premises, including buildings, grounds and equipment,
49 and any other areas necessary to determine compliance with this chapter and
25
1 applicable rules and standards.
2 (4) An inspector shall have authority to interview the licensee,
3 administrator/operator, staff and residents. Interviews with residents shall
4 be confidential and conducted privately unless otherwise specified by the res-
5 ident.
6 (5) The licensing agency shall notify the facility, in writing, of all
7 deficiencies and shall approve a reasonable length of time for compliance by
8 the facility.
9 (6) Current lists of deficiencies, including plans of correction, shall
10 be available to the public upon request in the individual facilities or by
11 written request to the regional office of the department or the licensing
12 agency.
13 SECTION 42. That Section 39-3357, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 39-3357. ENFORCEMENT PROCESS. (1) If the licensing agency finds, on the
16 basis of inspections as defined in this chapter or otherwise, that a residen-
17 tial care or assisted living facility no longer meets a requirement of this
18 chapter, and further finds that the facility's deficiencies:
19 (a) Immediately jeopardize the health or safety of its residents, the
20 department shall take immediate action to remove the jeopardy and correct
21 the deficiencies through the remedy specified in section 39-3358(1)(c),
22 Idaho Code, or prohibit the facility from keeping or admitting residents
23 and may provide, in addition, for one (1) or more of the other remedies
24 described in section 39-3358, Idaho Code.
25 (b) Do not immediately jeopardize the health or safety of its residents,
26 the department shall provide for one (1) or more of the remedies described
27 in section 39-3358, Idaho Code.
28 (2) Nothing in this section shall be construed as restricting the reme-
29 dies available to the department to remedy a facility's deficiencies. If the
30 department finds that a facility meets the requirements of this chapter, but,
31 as of a previous period, intentionally did not meet such requirements, the
32 department may provide for a civil money penalty under section 39-3358(1)(b),
33 Idaho Code, for the days in which it finds that the facility was not in com-
34 pliance with such requirements.
35 SECTION 43. That Section 39-3358, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 39-3358. SPECIFIED REMEDIES. (1) The department shall establish at least
38 the following remedies:
39 (a) Prohibit the facility from admitting residents or prohibit a facility
40 from keeping or admitting residents with a specific diagnosis.
41 (b) A civil money penalty assessed and collected, with interest, for each
42 day the facility is or was out of compliance with a requirement of this
43 chapter. Funds collected by the department as a result of imposition of
44 such a penalty shall be applied to the protection of the health or prop-
45 erty of residents of residential care or assisted living facilities that
46 the department finds deficient, including payment for the costs of reloca-
47 tion of residents to other facilities, maintenance of operation of a
48 facility pending correction of deficiencies or closure, and reimbursement
49 of residents for personal funds lost.
50 (c) The appointment of temporary management to oversee the operation of
51 the facility and to assure the health and safety of the facility's resi-
26
1 dents, where there is a need for temporary management while:
2 (i) There is an orderly closure of the facility.
3 (ii) Improvements are made in order to bring the facility into com-
4 pliance with all the requirements of this chapter.
5 (iii) The temporary management under this clause shall not be termi-
6 nated until the department has determined that the facility has the
7 management capability to ensure continued compliance with all the
8 requirements of this chapter.
9 (d) The authority, in the case of an emergency, to summarily suspend the
10 license, to close the facility, and/or to transfer residents in that
11 facility to other facilities.
12 (2) The department shall also specify criteria as to when and how each of
13 such remedies is to be applied, the amounts of any fines, and the severity of
14 each of these remedies, to be used in the imposition of such remedies. Such
15 criteria shall be designed so as to minimize the time between the identifica-
16 tion of violations and final imposition of the remedies and shall provide for
17 the imposition of incrementally more severe fines for repeated or uncorrected
18 deficiencies.
19 SECTION 44. That Section 39-3359, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-3359. TRANSFER OF RESIDENTS. The department may transfer residents
22 from a residential care or assisted living facility to an alternative place-
23 ment on the following grounds:
24 (1) As a result of a violation of a provision of this chapter or an
25 applicable rule, regulation or standard, the facility is unable or unwilling
26 to provide an adequate level of meals, lodging, personal assistance or super-
27 vision to persons residing in the facility at the time of the violation.
28 (2) A violation of a resident's rights as provided in section 39-3316,
29 Idaho Code.
30 (3) The number of residents currently in the facility exceeds the number
31 of residents the facility is licensed to serve.
32 (4) The facility is operating without a license.
33 (5) A violation of a provision of this chapter or an applicable rule,
34 regulation or standard results in conditions that present an imminent danger.
35 SECTION 45. That Section 39-3370, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 39-3370. PURPOSE OF ADULT FOSTER CARE CERTIFIED FAMILY HOMES. The purpose
38 of an adult foster care certified family home in Idaho is to provide a resi-
39 dential alternative designed to help delay the need for individuals to enter
40 residential care facilities, skilled nursing facilities, or institutional
41 care, and to allow such individuals to remain in more normal family-style liv-
42 ing, usually within their own communities. Families who provide adult foster
43 care share their homes with adults who need assistance in daily living. Per-
44 sons who live in adult foster care are those Certified family homes provide a
45 home to persons who are elderly, or unable to live alone and/or whose mental,
46 emotional, developmental, and physical conditions are such that the care given
47 can be met by the foster care provider. will meet the person's needs. Individ-
48 uals requiring nursing home care, or who are unable to administer their own
49 medication, are not suitable for adult foster care The home must obtain a
50 waiver under section 39-1301A, Idaho Code, to care for two (2) persons requir-
51 ing the care described in section 39-1301(b), Idaho Code. Homes may add ser-
27
1 vices which allow an individual's needs to be met.
2 SECTION 46. That Section 39-3371, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-3371. RULES. The board shall have the power and it shall be its duty
5 to promulgate appropriate rules necessary to implement and enforce the stan-
6 dards for certifying adult foster care certified family homes pursuant to this
7 act including, but not limited to, the following:
8 (1) A home shall not be certified for more than two (2) adults, however,
9 upon an application by the owner and upon a finding by the department that
10 residents can be cared for safely and appropriately based on the residents'
11 specific needs, the department may authorize not more than four (4) adults to
12 be placed in a certified family home which is owner-occupied and which applies
13 to the department for the authorization. Certification as a four (4) resident
14 certified family home shall not be transferable to another person or entity.
15 Four (4) resident certified family homes shall be subject to all statutes and
16 rules governing certified family homes but shall not be subject to the resi-
17 dential or assisted living administrator licensing requirements of chapter 42,
18 title 54, Idaho Code, section 39-3340, Idaho Code, licensing of residential or
19 assisted living facilities for the mentally ill, developmentally disabled and
20 physically disabled, or section 39-3540, Idaho Code, licensing of residential
21 or assisted living facilities for the elderly. This provision implementing
22 four (4) resident certified family homes shall be effective on July 1, 2001.
23 Prior to the effective date, the department shall promulgate rules for four
24 (4) resident certified family homes through the negotiated rulemaking process.
25 Nothing in this subsection shall be construed to authorize increased group
26 size for providers of any form of care other than certified family homes.
27 (2) An adult foster care provider may be a couple or a single individual.
28 (3) A home cannot be approved as a certified for adult foster care family
29 home if it also provides room and board for other persons.
30 (4) A home cannot be approved as a certified for adult foster care family
31 home and for child foster care at the same time, unless a waiver of this
32 requirement is granted by the department.
33 (5) The adult foster care provider must have sufficient income to main-
34 tain the home and the services offered.
35 (6) Information obtained by the foster care provider shall be held confi-
36 dential except to representatives of the department to provide services or
37 determine compliance with this chapter or upon consent of the individual or
38 his legal guardian.
39 (7) Record keeping Recordkeeping and reporting requirements as may be
40 deemed necessary.
41 (8) Requirements to assure the safety and adequate care of residents.
42 SECTION 47. That Section 39-3372, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 39-3372. APPLICATION FOR CERTIFICATION. An application for certification
45 shall be made to regional offices of the department upon forms provided by the
46 department and shall contain such information as the department reasonably
47 requires which will include a background check and fingerprinting with the
48 Idaho department of law enforcement. Following receipt of an application, the
49 department shall conduct a study, including a visit to the home, to determine
50 the capability of the provider to provide adult foster care as a certified
51 family home.
28
1 SECTION 48. That Section 39-3373, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-3373. ISSUANCE AND RENEWAL OF CERTIFICATION. Each certificate shall be
4 issued only for the home and foster care provider named in the application and
5 shall not be transferable or assignable. Each adult foster care certified fam-
6 ily home is required to renew their its certification annually. The applica-
7 tion for renewal shall be filed with the regional office of the department
8 within thirty (30) days prior to the date of expiration. The existing certifi-
9 cate, unless suspended or revoked, shall remain in force and effect until the
10 department has acted upon the application renewal when such application for
11 renewal is timely filed.
12 SECTION 49. That Section 39-3374, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-3374. TEMPORARY CERTIFICATION. Upon initial investigation, should an
15 applicant for a certificate be unable to meet a standard because of conditions
16 that are unlikely to endure beyond six (6) months, the department may grant a
17 temporary certificate pending the satisfactory correction of all deficiencies
18 and provided that the deficiencies do not jeopardize the health and safety of
19 residents. No more than one (1) provisional certificate shall be issued to the
20 same adult foster care certified family home in any twelve (12) month period.
21 SECTION 50. That Section 39-3375, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 39-3375. DENIAL OR REVOCATION OF A CERTIFICATE. The department may deny
24 the issuance of a certificate or revoke any certificate when persuaded by a
25 preponderance of evidence that such conditions exist as to endanger the health
26 or safety of any resident, or when the home is not in substantial compliance
27 with the provisions of this chapter or rules and regulations promulgated pur-
28 suant to this chapter.
29 SECTION 51. That Section 39-3378, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 39-3378. REGULATIONS RULES PROVIDED. Upon initial certification, adult
32 foster care certified family homes shall be provided a printed copy of all
33 applicable regulations rules by the department, without charge.
34 SECTION 52. That Section 39-3379, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 39-3379. MANDATORY INSPECTIONS. For the purpose of determining whether
37 every adult foster care certified family home consistently maintains confor-
38 mity with the standards rules established under the authority herein, the
39 department, through a certifying agent, shall visit the premises of each home
40 as it deems necessary but in any event at intervals not to exceed six (6) at
41 least every twelve (12) months.
42 SECTION 53. That Section 39-3380, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 39-3380. ENFORCEMENT PROCESS. Section 39-3357, Idaho Code, governing res-
29
1 idential care or assisted living facilities shall also govern adult foster
2 care certified family homes.
3 SECTION 54. That Section 39-3381, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 39-3381. OPERATING WITHOUT CERTIFICATION -- MISDEMEANOR. Any person who
6 operates an adult foster care certified family home within the state without
7 first obtaining certification as provided in this chapter shall be guilty of a
8 misdemeanor.
9 SECTION 55. That Section 39-3382, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-3382. PLACEMENT OF PERSONS INTO AN UNLICENSED ADULT FOSTER CARE CERTI-
12 FIED FAMILY HOME. Section 39-3353, Idaho Code, governing residential care or
13 assisted living facilities shall also govern unlicensed adult foster care
14 uncertified family homes.
15 SECTION 56. That Section 39-3383, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 39-3383. NEGOTIATED SERVICE AGREEMENT. The negotiated service agreement
18 as set out in section 39-33089, Idaho Code, shall govern the content, prepara-
19 tion and review of the negotiated service agreement for residents of adult
20 foster care certified family homes.
21 SECTION 57. That Section 39-3384, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 39-3384. PHYSICIAN'S ORDER FOR NONCLIENTS OF THE DEPARTMENT CERTIFIED
24 FAMILY HOMES. The physician's order as set out in section 39-3311, Idaho Code,
25 governing licensed residential care or assisted living facilities shall also
26 govern adult foster care certified family homes.
27 SECTION 58. That Section 39-3385, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-3385. WRITTEN SERVICE PLAN. The department and the foster care
30 providers serving clients of the department shall negotiate a written plan
31 annually. The purpose of the plan shall be to ensure that a client receives
32 services necessary to maintain him at the highest level of independence the
33 level of care based upon the negotiated service agreement as described in sec-
34 tion 39-3309, Idaho Code. The plan is to establish a basis for coordination
35 and communication between the foster home family and the department. The plan
36 shall be maintained in the home.
37 SECTION 59. That Section 39-3386, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-3386. FOSTER CARE AGREEMENTS. Each foster care provider shall negoti-
40 ate a written, signed and dated agreement between the foster care provider and
41 a resident specifying the amount of monthly payment to be paid by the resident
42 and the method for payment.
30
1 SECTION 60. That Section 39-3387, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-3387. RESIDENT RIGHTS. Section 39-3316, Idaho Code, governing licensed
4 residential care or assisted living facilities shall also govern adult foster
5 care certified family homes.
6 SECTION 61. That Section 39-3388, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-3388. TRAINING. The department shall insure that foster care providers
9 receive, at a minimum, training which shall include the rights of the resi-
10 dent, and a basic understanding of the psychosocial and physical needs of res-
11 idents to be served. The department will specify annual continuing education
12 requirements for foster care providers.
13 SECTION 62. That Section 39-3389, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 39-3389. PHYSICAL AND ENVIRONMENTAL STANDARDS. Standards shall be devel-
16 oped through the regulatory process by the department to insure a safe, sani-
17 tary and comfortable environment for residents of adult foster care certified
18 family homes.
19 SECTION 63. That Section 39-3393, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-3393. APPLICATION OF PROVISIONS. The provisions of section 39-33089,
22 Idaho Code, governing licensed residential care or assisted living facilities,
23 shall also apply to adult foster care certified family homes. Any individual
24 providing care and housing commercially to the developmentally disabled or the
25 mentally ill shall, at a minimum, meet the requirements of this chapter or
26 other provisions of law governing care and housing for the mentally ill,
27 developmentally disabled or physically disabled if those provisions are more
28 restrictive.
29 SECTION 64. That Section 39-3501, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 39-3501. LEGISLATIVE INTENT AND DECLARATION. The purpose of a licensed
32 residential care or assisted living facility for the elderly in Idaho is to
33 provide a humane, safe, and home-like housing and living arrangement for per-
34 sons who are elderly, who need some assistance with activities of daily living
35 and personal care and to delay the need for a more expensive nursing facility
36 or other institutional care as long as possible. Occupancy in a residential
37 care or assisted living facility for the elderly will be considered the
38 person's primary residence.
39 It is the intent of the legislature that residential care or assisted liv-
40 ing facilities for the elderly be available to meet the needs of those resid-
41 ing in these facilities by recognizing the capabilities of individuals to
42 direct their care. and self-medication or to use supervised self-medication
43 techniques when ordered and approved by an individual licensed to prescribe
44 medication.
45 Nothing in this chapter is intended to reduce or eliminate any duty of the
46 department or any other public or private entity for provision of services for
31
1 any resident.
2 SECTION 65. That Section 39-3502, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-3502. DEFINITIONS. As used in this chapter:
5 (1) "Activities of daily living" means the performance of basic self-care
6 activities in meeting an individual's needs to sustain him in a daily living
7 environment.
8 (2) "Administrator/operator" means any person who has responsibility for
9 day-to-day administration or operation of a licensed residential care or
10 assisted living facility for the elderly.
11 (3) "Adult" means a person who has attained the age of eighteen (18)
12 years.
13 (4) "Adult foster care family" means all individuals related by blood or
14 marriage, other than residents, residing in the adult foster care home.
15 (5) "Adult foster care home" means a family home in which two (2) or
16 fewer adults are placed to live who are not able to reside in their own home
17 and who require family care, help in daily living, protection and security
18 (may be referred to as a "home").
19 (6) "Advocate" means an authorized or designated representative of a pro-
20 gram or organization operating under federal or state mandate to represent the
21 interests of a population group served by the facility.
22 (75) "Assessment" means the conclusion reached using uniform criteria
23 developed by the department and relevant councils for determining a person's
24 need for care and services.
25 (86) "Board" means the board of health and welfare.
26 (7) "Care provider" means an adult member or members of the home family
27 responsible for maintaining the certified family home. The care provider(s)
28 and the legal owner may not necessarily be the same person.
29 (98) "Certificate" means a one (1) year certificate issued by the certi-
30 fying agent of the department to adult foster care certified family homes com-
31 plying with this chapter.
32 (9) "Certified family home" means a family home in which two (2) or fewer
33 adults are placed to live who are not able to reside in their own home and who
34 require family care, help in daily living, protection and security (may be
35 referred to as a "home"). Notwithstanding the foregoing, upon application by
36 the owner the department may authorize not more than four (4) adults to be
37 placed in a certified family home which is owner-occupied.
38 (10) "Certifying agent" means a person representing the areas of social
39 services or mental health, acting under the authority of the department to
40 participate in the certification, inspection, and regulation of an adult fos-
41 ter care family home.
42 (11) "Client" means any person who receives financial aid and/or services
43 from an organized program of the department.
44 (12) "Continuing" means personal assistance services required over an
45 extended period of time.
46 (13) "Department" means the Idaho department of health and welfare.
47 (14) "Director" means the director of the Idaho department of health and
48 welfare.
49 (15) "Facility" means a licensed residential care or assisted living
50 facility for the elderly or certified family home.
51 (16) "Foster care provider" means an adult member or members of the foster
52 care family responsible for maintaining the adult foster care home. The foster
53 care provider(s) and the legal owner may not necessarily be the same person.
32
1 (17) "Governmental unit" means the state, any county, any city, other
2 political subdivision, or any department, division, board or other agency
3 thereof.
4 (17) "Home family" means all individuals related by blood or marriage,
5 other than residents, residing in the certified family home.
6 (18) "Him or his" means him or her.
7 (19) "License" means a basic permit to operate a licensed residential care
8 or assisted living facility for the elderly.
9 (2019) "Licensee" means the holder of a license to operate a licensed res-
10 idential care or assisted living facility for the elderly under this chapter.
11 (210) "Licensing agency" means the unit of the department of health and
12 welfare that conducts inspections and surveys and issues licenses based on
13 compliance with this chapter.
14 (221) "Mixed populations" means that two (2) or more of the following pop-
15 ulations: mentally ill, developmentally disabled, physically disabled, and/or
16 elderly, are provided care and/or housing within the facility.
17 (232) "Negotiated service agreement" means the agreement reached by the
18 resident and/or their representative and the facility, based on the assess-
19 ment, physician's orders if any, admission records if any, and desires of the
20 client, and which outlines services to be provided and the obligations of
21 facility and resident.
22 (243) "Person" means any individual, firm, partnership, corporation, com-
23 pany, association or joint stock association, and the legal successor thereof.
24 (254) "Personal assistance" means the provision by the staff of the facil-
25 ity of one (1) or more of the following services:
26 (a) Assisting the resident with activities of daily living.
27 (b) Arranging for supportive services.
28 (c) Being aware of the resident's general whereabouts.
29 (d) Monitoring the activities of the resident while on the premises of
30 the facility to ensure the resident's health, safety and well-being.
31 (25) "Authorized provider" means an individual who is a nurse practitioner
32 or clinical nurse specialist, licensed by the Idaho state board of nursing, or
33 a physician assistant, licensed by the Idaho state board of medicine.
34 (26) "Political subdivision" means a city or county.
35 (27) "Representative of the department" means an employee of the depart-
36 ment.
37 (28) "Resident" means an individual adult who, by reason of age or infir-
38 mity, requires personal assistance and who is not related by blood or marriage
39 to the licensee of the facility lives in a licensed residential or assisted
40 living facility or certified family home and who requires personal assistance
41 or supervision.
42 (29) "Residential care or assisted living council for the elderly" means
43 the interdisciplinary group appointed by the director to advise the agency and
44 legislature on matters of policy relating to residential care or assisted liv-
45 ing facilities for the elderly.
46 (30) "Residential care or assisted living facility for the elderly" means
47 a facility or residence, however named, operated on either a profit or non-
48 profit basis for the purpose of providing necessary supervision, personal
49 assistance, meals and lodging to three (3) or more elderly adults not related
50 to the owner.
51 (31) "Room and board" means lodging and meals.
52 (32) "Substantial compliance" means there are no deficiencies which would
53 endanger the health, safety or welfare of the residents. It also means defi-
54 ciencies affecting resident welfare including resident rights, resident prop-
55 erty, and the opportunity, where appropriate, to work and be involved in rec-
33
1 reation and education opportunities in the community.
2 (33) "Supervision" means administrative activity which provides the fol-
3 lowing: protection, guidance, knowledge of the resident's whereabouts and
4 assistance with activities of daily living. The operator is responsible for
5 providing appropriate supervision based on each resident's negotiated service
6 agreement.
7 (34) "Supportive services" means the specific services that are provided
8 to the resident in the community and that are required by the negotiated ser-
9 vice agreement or reasonably requested by the resident.
10 SECTION 66. That Section 39-3503, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-3503. PAYMENT LEVELS. Clients of the department receiving financial
13 aid as set out in sections 56-207, 56-208 and 56-209a, Idaho Code, seeking
14 placement in a licensed residential care or assisted living facility for the
15 elderly or an adult foster care certified family home will be assessed by the
16 department. Based upon the assessed need, the specific types of services and
17 supports required will determine the level of payment to be received by the
18 resident according to the following criteria:
19 (1) Level I. The client requires room, board, and supervision and may
20 require one (1) or more of the following:
21 (a) Minimal assistance with activities of daily living and nonmedical
22 personal assistance.
23 (b) Minimal assistance with mobility, i.e., client is independently
24 mobile.
25 (c) Minimal assistance in an emergency, i.e., client is capable of self-
26 preservation in an emergency.
27 (d) Minimal assistance with medications, i.e., client does not require
28 medication management or supervision.
29 (e) Minimal behavior management substantiated by the client's history.
30 (2) Level II. The client requires room, board and supervision and may
31 require one (1) or more of the following:
32 (a) Moderate assistance with activities of daily living and nonmedical
33 personal assistance.
34 (b) Moderate assistance with mobility, but easily mobile with assistance.
35 (c) Moderate assistance in an emergency, but client is capable of self-
36 preservation with assistance.
37 (d) Moderate assistance with medications.
38 (e) Moderate assistance with behavior management.
39 (3) Level III. The client requires room, board, and staff up and awake
40 on a twenty-four (24) hour basis and may require one (1) or more of the fol-
41 lowing:
42 (a) Extensive assistance with activities of daily living.
43 (b) Extensive personal assistance.
44 (c) Extensive assistance with mobility and may be immobile without exten-
45 sive assistance.
46 (d) Extensive assistance in an emergency and may be incapable of self-
47 preservation without assistance.
48 (e) Extensive assistance with and monitoring of medications.
49 (f) Extensive assistance with training and/or behavior management.
50 (4) Other levels and amounts as determined by the department pursuant to
51 negotiated rulemaking as defined in chapter 52, title 67, Idaho Code.
52 SECTION 67. That Section 39-3505, Idaho Code, be, and the same is hereby
34
1 amended to read as follows:
2 39-3505. RULES. The board shall have the authority to adopt, amend,
3 repeal and enforce such reasonable rules as may be necessary or proper to
4 carry out the purpose and intent of this chapter which are designed to protect
5 the health, safety and individual rights of residents in residential care or
6 assisted living facilities for the elderly and provide adequate nutrition,
7 supervision, and therapeutic recreational activities and to enable the depart-
8 ment to exercise the powers and perform the duties conferred upon it in this
9 chapter, not inconsistent with any statute of this state. Providers who care
10 for a mixed population shall comply with the rules that are the most restric-
11 tive based on the populations being served. These rules shall be promulgated
12 in accordance with the provisions of the Idaho administrative procedure act.
13 Rules will be adopted July 1, 1996, but prior to that time, the existing rules
14 as provided by this section will apply.
15 SECTION 68. That Section 39-3506, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 39-3506. STATE LICENSING TO SUPERSEDE LOCAL REGULATION. The provisions of
18 this chapter, and the rules promulgated pursuant to this chapter, shall super-
19 sede any program of any political subdivision of the state which licenses or
20 sets standards for residential care or assisted living facilities for the
21 elderly.
22 SECTION 69. That Section 39-3507, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-3507. ADMISSIONS. (1) A licensed residential care or assisted living
25 facility for the elderly shall not admit or retain any resident requiring a
26 level of services or type of service for which the facility is not licensed or
27 which the facility does not provide or arrange for, or if the facility does
28 not have the staff, appropriate in numbers and with appropriate skills, to
29 provide.
30 (2) The department shall develop rules governing admissions to licensed
31 residential care or assisted living facilities for the elderly.
32 SECTION 70. That Section 39-3510, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 39-3510. PERIODIC REVIEW. The negotiated service agreement may must be
35 reviewed as necessary but must be reviewed when a significant change in condi-
36 tion or function occurs, or at least every six (6) twelve (12) months.
37 SECTION 71. That Section 39-3511, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-3511. PHYSICIAN'S ORDER. A physician's or authorized provider's order
40 shall include the following:
41 (1) A history and physical documenting any medical or health problems of
42 the resident which are relevant to the services needed by the resident.
43 (2) A description of the functional abilities of the resident including
44 his specific strengths and limitations.
45 (3) The specific needs of the resident for personal assistance.
35
1 SECTION 72. That Section 39-3513, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-3513. ADMISSION AGREEMENTS. Upon admission to a licensed residential
4 care or assisted living facility for the elderly, the facility and the resi-
5 dent shall enter into an admission agreement. The agreement shall be in writ-
6 ing and shall be signed by both parties. The board shall promulgate rules gov-
7 erning admission agreements which may be integrated with the negotiated ser-
8 vice agreement.
9 SECTION 73. That Section 39-3515, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-3515. ADMISSION RECORDS. Records required for admission to a facility
12 shall be maintained and updated for administrative purposes only and shall be
13 confidential. Their availability, subject to Idaho department of health and
14 welfare rules, chapter 1, title 5, chapter 1, shall be limited to administra-
15 tion, professional consultants, the resident's physician or authorized pro-
16 vider, and representatives of the licensing agency. They shall include at
17 least the following information:
18 (1) Name and social security number.
19 (2) Permanent address if other than the facility.
20 (3) Marital status and sex.
21 (4) Birthplace and date of birth.
22 (5) Name, address and telephone number of responsible agent or agency.
23 (6) Personal physician or authorized provider and dentist.
24 (7) Admission date and by whom admitted.
25 (8) Results of a physical or health status examination performed by a
26 licensed physician or nurse practitioner authorized provider within six (6)
27 months prior to admission.
28 (9) A list of medications, treatments and diet prescribed for the resi-
29 dent which is signed and dated by the physician or authorized provider giving
30 the order(s).
31 (10) Religious affiliation if resident chooses to so state.
32 (11) Interested relatives and friends other than those in subsection (5)
33 of this section. Names, addresses and telephone numbers of family members
34 and/or significant others.
35 (12) Resident assessment.
36 SECTION 74. That Section 39-3516, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 39-3516. RESIDENT RIGHTS. A licensed residential care or assisted living
39 facility for the elderly must protect and promote the rights of each resident,
40 including each of the following rights:
41 (1) Resident records. Each facility must maintain and keep current a
42 record of the following information on each resident:
43 (a) A copy of the resident's current negotiated service agreement and
44 physician's order.
45 (b) Written acknowledgement that the resident has received copies of the
46 rights.
47 (c) A record of all personal property and funds which the resident has
48 entrusted to the facility, including copies of receipts for the property.
49 (d) Information about any specific health problems of the resident which
50 may be useful in a medical emergency.
36
1 (e) The name, address and telephone number of an individual identified by
2 the resident who should be contacted in the event of an emergency or death
3 of the resident.
4 (f) Any other health-related, emergency or pertinent information which
5 the resident requests the facility to keep on record.
6 (g) The current admission agreement between the resident and the facil-
7 ity.
8 (2) Privacy. Each resident must be assured the right to privacy with
9 regard to accommodations, medical and other treatment, written and telephone
10 communications, visits, and meetings of family and resident groups.
11 (3) Humane care and environment (dignity and respect).
12 (a) Each resident shall have the right to humane care and a humane envi-
13 ronment, including the following:
14 (i) The right to a diet which is consistent with any religious or
15 health-related restrictions.
16 (ii) The right to refuse a restricted diet.
17 (iii) The right to a safe and sanitary living environment.
18 (b) Each resident shall have the right to be treated with dignity and
19 respect, including:
20 (i) The right to be treated in a courteous manner by staff.
21 (ii) The right to receive a response from the facility to any
22 request of the resident within a reasonable time.
23 (4) Personal possessions. Each resident shall have the right to:
24 (a) Wear his own clothing.
25 (b) Determine his own dress or hair style.
26 (c) Retain and use his own personal property in his own living area so as
27 to maintain individuality and personal dignity.
28 (d) Be provided a separate storage area in his own living area and at
29 least one (1) locked cabinet or drawer for keeping personal property.
30 (5) Personal funds. Residents whose board and care is paid for by public
31 assistance shall retain, for their personal use, the difference between their
32 total income and the applicable board and care allowance established by
33 department rules.
34 (a) A facility shall not require a resident to deposit his personal funds
35 with the facility.
36 (b) Once the facility accepts the written authorization of the resident,
37 the facility must hold, safeguard and account for such personal funds
38 under a system established and maintained by the facility in accordance
39 with this subparagraph.
40 (6) Management of personal funds. Upon a facility's acceptance of written
41 authorization of a resident, the facility must manage and account for the per-
42 sonal funds of the resident deposited with the facility as follows:
43 (a) The facility must deposit any amount of a resident's personal funds
44 in excess of one hundred dollars ($100) in an interest-bearing account, or
45 accounts, that is separate from any of the facility's operating accounts
46 and credit all interest earned on such separate account to such account.
47 The facility must maintain any other personal funds in a noninterest-bear-
48 ing account or petty cash fund.
49 (b) The facility must assure a full and complete separate accounting of
50 each resident's personal funds, maintain a written record of all financial
51 transactions involving each resident's personal funds deposited with the
52 facility, and afford the resident, or a legal representative of the resi-
53 dent, reasonable access to such record.
54 (c) Upon the death of a resident with such an account, the facility must
55 promptly convey the resident's personal funds, and a final accounting of
37
1 such funds, to the individual administering the resident's estate. For
2 clients of the department, the remaining balance of funds shall be
3 refunded to the department.
4 (7) Access and visitation rights. Each facility must permit:
5 (a) Immediate access to any resident by any representative of the depart-
6 ment, by the state ombudsman for the elderly or his designee, or by the
7 resident's individual physician.
8 (b) Immediate access to a resident, subject to the resident's right to
9 deny or withdraw consent at any time, by immediate family or other rela-
10 tives.
11 (c) Immediate access to a resident, subject to reasonable restrictions
12 and the resident's right to deny or withdraw consent at any time, by
13 others who are visiting with the consent of the resident.
14 (d) Reasonable access to a resident by any entity or individual that pro-
15 vides health, social, legal or other services to the resident, subject to
16 the resident's right to deny or withdraw consent at any time.
17 (8) Employment. Each resident shall have the right to refuse to perform
18 services for the facility except as contracted for by the resident and the
19 operator of the facility. If the resident is hired by the facility to perform
20 services as an employee of the facility, the wage paid to the resident shall
21 be consistent with state and federal law.
22 (9) Confidentiality. Each resident shall have the right to confidential-
23 ity of personal and clinical records.
24 (10) Freedom from abuse, neglect and restraints. Each resident shall have
25 the right to be free from physical, mental or sexual abuse, neglect, corporal
26 punishment, involuntary seclusion, and any physical or chemical restraints
27 imposed for purposes of discipline or convenience.
28 (11) Freedom of religion. Each resident shall have the right to practice
29 the religion of his choice or to abstain from religious practice. Residents
30 shall also be free from the imposition of the religious practices of others.
31 (12) Control and receipt of health-related services. Each resident shall
32 have the right to control his receipt of health-related services, including:
33 (a) The right to retain the services of his own personal physician, and
34 dentist and other health care professionals.
35 (b) The right to select the pharmacy or pharmacist of his choice.
36 (c) The right to confidentiality and privacy concerning his medical or
37 dental condition and treatment.
38 (13) Grievances. Each resident shall have the right to voice grievances
39 with respect to treatment or care that is (or fails to be) furnished, without
40 discrimination or reprisal for voicing the grievances and the right to prompt
41 efforts by the facility to resolve grievances the resident may have, includ-
42 ing those with respect to the behavior of other residents.
43 (14) Participation in resident and family groups. Each resident shall have
44 the right to organize and participate in resident groups in the facility and
45 the right of the resident's family to meet in the facility with the families
46 of other residents in the facility.
47 (15) Participation in other activities. Each resident shall have the right
48 to participate in social, religious and community activities that do not
49 interfere with the rights of other residents in the facility.
50 (16) Examination of survey results. Each resident shall have the right to
51 examine, upon reasonable request, the results of the most recent survey of the
52 facility conducted by the department with respect to the facility and any plan
53 of correction in effect with respect to the facility.
54 (17) Other rights. Each resident shall have any other right established by
55 the department.
38
1 SECTION 75. That Section 39-3518, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-3518. FACILITY RESPONSE TO INCIDENTS AND COMPLAINTS. (1) In addition
4 to any other requirements of this chapter, the licensed residential care or
5 assisted living facility for the elderly shall provide a procedure approved by
6 the licensing agency for immediate response to incidents and complaints. This
7 procedure shall include a method of assuring that the owner, licensee, or per-
8 son designated by the owner or licensee is notified of the incident, that the
9 owner, licensee or person designated by the owner or licensee has personally
10 investigated the matter, and that the person making the complaint or reporting
11 the incident has received a response of action taken or a reason why no action
12 needs to be taken. In the case of anonymous complaints, the
13 administrator/operator shall document the action taken or a reason why no
14 action needs to be taken.
15 (2) In order to assure the opportunity for complaints from the residents,
16 the neighborhood and the community to be made directly to the owner, licensee,
17 or person designated by the owner or licensee, each facility shall establish a
18 regular time when the owner, licensee, or person designated by the owner or
19 licensee will be present to respond to such incidents or complaints.
20 SECTION 76. That Section 39-3519, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 39-3519. ACCESS BY ADVOCATES AND REPRESENTATIVES. A licensed residential
23 care or assisted living facility for the elderly shall permit advocates and
24 representatives of community legal services programs, whose purposes include
25 rendering assistance without charge to residents, to have access to the facil-
26 ity at reasonable times in order to:
27 (1) Visit, talk with, and make personal, social and legal services avail-
28 able to all residents.
29 (2) Inform residents of their rights and entitlements, and their corre-
30 sponding obligations under state, federal and local laws by distribution of
31 educational materials and discussion in groups and with individuals.
32 (3) Assist residents in asserting their legal rights regarding claims for
33 public assistance, medical assistance and social security benefits, as well as
34 in all other matters in which residents are aggrieved, which may be provided
35 individually or in a group basis, and may include organizational activity,
36 counseling and litigation.
37 (4) Engage in all other methods of assisting, advising and representing
38 residents so as to extend to them the full enjoyment of their rights.
39 (5) Communicate privately and without restrictions with any resident who
40 consents to the communication.
41 (6) Observe all common areas of the facility.
42 SECTION 77. That Section 39-3520, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 39-3520. RESIDENT COUNCILS. (1) Every licensed residential care or
45 assisted living facility for the elderly over fifteen (15) beds shall assist
46 the residents in establishing and maintaining a resident council. The council
47 shall be composed of residents of the facility and may include their family
48 members. The council may extend membership to advocates, friends and others.
49 (2) The council shall have the following duties:
50 (a) To assist the facility in developing a grievance procedure.
39
1 (b) To communicate resident opinions and concerns.
2 (c) To obtain information from the facility and disseminate the informa-
3 tion to the residents.
4 (d) To identify problems and participate in the resolution of those prob-
5 lems.
6 (e) To act as a liaison with the community.
7 (3) This section may be waived provided that the operator meets regu-
8 larly with residents and that residents decline to participate in a formal
9 council and appropriate documentation exists to indicate the residents' deci-
10 sion.
11 SECTION 78. That Section 39-3521, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 39-3521. QUALIFICATIONS AND REQUIREMENTS OF ADMINISTRATOR/OPERATOR. Each
14 licensed residential care or assisted living facility for the elderly must
15 employ at least one (1) full-time administrator licensed by the board respon-
16 sible for licensing residential care or assisted living administrators for the
17 state of Idaho who:
18 (1) Is of good moral and responsible character and has not been
19 convicted, or is not under the influence or control of anyone convicted, of
20 any felony or defrauding the federal government:
21 (a) A criminal offense related to the delivery of an item or service
22 under medicare, medicaid or other state health care program; or
23 (b) A criminal offense related to the neglect or abuse of a patient, in
24 connection with the delivery of a health care item or service; or
25 (c) A criminal offense related to fraud, theft, embezzlement, breach of
26 fiduciary responsibility, or other financial misconduct; or
27 (d) A criminal offense resulting in death or injury to a person.
28 (2) Has sufficient physical, emotional and mental capacity to carry out
29 the requirements of this chapter.
30 (3) Has sufficient management and administrative ability to carry out the
31 requirements of this chapter.
32 Multiple facilities under one (1) administrator may be allowed by the
33 department based upon an approved plan of operation.
34 SECTION 79. That Section 39-3522, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 39-3522. QUALIFICATIONS AND REQUIREMENTS FOR FACILITY STAFF. Each facil-
37 ity must employ or arrange for sufficiently trained staff to fully meet the
38 needs of its residents and the requirements of this chapter. The facility
39 shall have sufficient staff to provide care during all hours required in each
40 resident's negotiated service plan. Additional staff may be required if physi-
41 cal plant conditions and disability of residents indicate that staff assis-
42 tance in emergencies is required. Benchmarks shall be established in the
43 assessment criteria where the need for certificated nursing assistants or
44 licensed nurses is indicated. Licensed rResidential care or assisted living
45 facilities shall not retain residents who require routine nursing care on a
46 daily basis the care provided by nursing facilities under section 39-1301(b),
47 Idaho Code, other than for short exceptional stays pursuant to negotiated
48 rulemaking as defined in chapter 52, title 67, Idaho Code.
49 SECTION 80. That Section 39-3524, Idaho Code, be, and the same is hereby
50 amended to read as follows:
40
1 39-3524. STAFF TRAINING. All employees of a licensed residential care or
2 assisted living facility for the elderly shall receive department approved
3 orientation and continuing education pertinent to their job responsibilities.
4 SECTION 81. That Section 39-3525, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 39-3525. REQUIREMENTS FOR LOCATION AND PHYSICAL ENVIRONMENT OF FACILI-
7 TIES. (1) Licensed rResidential care or assisted living facilities for the
8 elderly shall:
9 (a) Be located in geographical areas which are accessible to supportive
10 services and are free from conditions which would pose a danger to the
11 residents.
12 (b) Be maintained internally and externally in good repair and condition.
13 (c) Be maintained in a clean and sanitary manner, including proper sewage
14 disposal, food handling and hygiene practices.
15 (d) Be maintained in such a manner as to be free from fire/safety haz-
16 ards.
17 (2) The department shall promulgate rules concerning physical structure,
18 fire safety, health and sanitation, household items and furnishings, diet,
19 self-administered medications and rooms.
20 SECTION 82. That Section 39-3530, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 39-3530. RESIDENTIAL CARE OR ASSISTED LIVING COUNCIL FOR THE ELDERLY. (1)
23 The department shall establish a residential care or assisted living council
24 for the elderly consisting of eight twelve (812) members appointed by the
25 director. The director, or his designee, shall serve as chairman of the coun-
26 cil. The members of the council shall be:
27 (a) The state ombudsman for the elderly or his designee.
28 (b) The director of the bureau of facility standards or his designee.
29 (c) An advocate for individuals who are elderly in the state.
30 (d) Four (4) administrators or licensees of licensed residential care or
31 assisted living facilities for the elderly, one (1) of whom shall repre-
32 sent facilities licensed for nine (9) beds or less, one (1) of whom shall
33 represent facilities licensed for ten (10) to sixty (60) beds, one (1) of
34 whom shall represent facilities licensed for sixty-one (61) beds or more,
35 and one (1) of whom represents a combination of nursing facility and resi-
36 dential care or assisted living facility.
37 (e) Four (4) certified family home providers certified under this chap-
38 ter.
39 (2) In appointing the first members of the council who are not state
40 agency representatives, the director shall appoint one (1) member for a term
41 of one (1) year, one (1) member for a term of two (2) years and two (2) mem-
42 bers for a term of three (3) years. After the initial appointments, members
43 who are not state agency representatives shall serve three (3) year terms. A
44 vacancy shall be filled for the remainder of the unexpired term from the same
45 class of persons represented by the outgoing member.
46 SECTION 83. That Section 39-3531, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 39-3531. POWERS AND DUTIES. The residential care or assisted living coun-
49 cil for the elderly shall have the following powers and duties:
41
1 (1) To make policy recommendations regarding the coordination of licens-
2 ing, certifying and enforcement standards in residential care or assisted liv-
3 ing facilities for the elderly and the provision of services to residents of
4 board and care facilities.
5 (2) To advise the department regarding methods for identification of
6 unlicensed residential care or assisted living facilities for the elderly.
7 (3) To advise the agency during development and revision of rules.
8 (4) To review and comment upon proposed rules.
9 (5) To submit an annual report to the legislature stating opinions and
10 recommendations which would further the state's capability in addressing resi-
11 dential care or assisted living for the elderly issues.
12 SECTION 84. That Section 39-3532, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-3532. MEETINGS. The residential care or assisted living council for
15 the elderly shall meet as necessary but not less than two (2) times a year.
16 Meetings of the council shall be open to the public. The department shall pro-
17 vide:
18 (1) Staff necessary to assist the council in performing its duties.
19 (2) Space for meetings of the council.
20 SECTION 85. That Section 39-3533, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 39-3533. REIMBURSEMENT OF EXPENSES. Members of the residential care or
23 assisted living council for the elderly shall be reimbursed by the department
24 for their actual expenses incurred in the performance of their duties.
25 SECTION 86. That Section 39-3540, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 39-3540. LICENSING OF RESIDENTIAL CARE OR ASSISTED LIVING FACILITIES FOR
28 THE ELDERLY. After July 1, 1993, no person, firm, partnership, association, or
29 corporation within the state and no state or local public agency shall oper-
30 ate, establish, manage, conduct or maintain a residential care or assisted
31 living facility for the elderly in the state without a current valid license
32 issued by the licensing agency of the department.
33 SECTION 87. That Section 39-3541, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 39-3541. INITIAL APPLICATION AND ISSUANCE OF A LICENSE. Any person or
36 governmental unit proposing to operate a residential care or assisted living
37 facility for the elderly shall apply for a license to the licensing agency
38 specifying the types of residents to be served and the level(s) of care to be
39 provided.
40 SECTION 88. That Section 39-3542, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 39-3542. APPLICATION. The applicant shall apply for a license upon forms
43 provided by the licensing agency giving such information as the licensing
44 agency shall require including, but not limited to:
45 (1) Evidence satisfactory to the licensing agency of the ability of the
42
1 applicant to comply with the provisions of this chapter and with the rules
2 adopted under this chapter by the department.
3 (2) Evidence satisfactory to the department that the applicant is of rep-
4 utable and responsible character.
5 (3) The evidence shall include, but not be limited to:
6 (a) A criminal record clearance;
7 (b) Fingerprinting;
8 (c) Employment history;
9 (d) Credit report;
10 (e) Character references.
11 (4) If the applicant is a firm, association, organization, partnership,
12 business trust, corporation or company, like evidence shall be submitted as to
13 the members or shareholders holding ten percent (10%) or more interest
14 thereof, and the administrator/operator of the residential care or assisted
15 living facility for the elderly.
16 (5) Evidence satisfactory to the licensing agency that the applicant has
17 sufficient financial resources to maintain the standards of service required
18 by rules adopted pursuant to this chapter.
19 (6) Evidence satisfactory to the licensing agency that the
20 administrator/operator has successfully completed the department approved ori-
21 entation.
22 (7) Disclosure of any revocation or other disciplinary action taken, or
23 in the process of being taken, against a license held or previously held by
24 the entities in Idaho as specified in section 39-3545, Idaho Code, or any
25 other jurisdiction.
26 (8) Any other information as may be required by the licensing agency for
27 the proper administration and enforcement of the provisions of this chapter.
28 (9) Failure of the applicant to cooperate with the licensing agency in
29 the completion of the application shall result in the denial of the applica-
30 tion. Failure to cooperate means that the information described in this sec-
31 tion and in rules of the department has not been provided, or not provided in
32 the form requested by the licensing agency, or both.
33 (10) A signed statement that the person desiring issuance or renewal of a
34 license has read and understands the provisions of this chapter and residen-
35 tial care or assisted living facilities for the elderly rules.
36 SECTION 89. That Section 39-3545, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 39-3545. DENIAL OR REVOCATION OF A LICENSE. The licensing agency may deny
39 the issuance of a license or revoke any license when persuaded by a preponder-
40 ance of evidence that such conditions exist as to endanger the health or
41 safety of any resident, or when the facility is not in substantial compliance
42 with the any provisions of this chapter and or the rules promulgated pursuant
43 to this chapter.
44 SECTION 90. That Section 39-3548, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 39-3548. RULES PROVIDED. Upon initial licensure, residential care or
47 assisted living facilities for the elderly shall be provided a printed copy of
48 all applicable rules by the department, without charge.
49 SECTION 91. That Section 39-3549, Idaho Code, be, and the same is hereby
50 amended to read as follows:
43
1 39-3549. RESPONSIBILITY FOR INSPECTIONS AND LICENSING -- NONTRANSFERABIL-
2 ITY OF LICENSES. The licensing agency shall inspect and license residential
3 care or assisted living facilities for the elderly. A license is not transfer-
4 able.
5 SECTION 92. That Section 39-3550, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-3550. CONSULTING SERVICES. The department may provide consulting ser-
8 vices upon request to any residential care or assisted living facility for the
9 elderly to assist in the identification or correction of deficiencies and in
10 the upgrading of the quality of care provided by the facility.
11 SECTION 93. That Section 39-3552, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 39-3552. UNLICENSED RESIDENTIAL CARE OR ASSISTED LIVING FACILITIES FOR
14 THE ELDERLY. (1) No unlicensed residential care or assisted living facility
15 for the elderly shall operate in this state.
16 (2) A facility shall be deemed to be an "unlicensed residential care or
17 assisted living facility for the elderly" and "maintained and operated to pro-
18 vide residential care or assisted living for the elderly" if it is unlicensed
19 and not exempt from licensure, and any one (1) of the following conditions is
20 satisfied:
21 (a) The facility is, or is held out as or represented as, providing care,
22 supervision and services.
23 (b) The facility accepts or retains residents who demonstrate the need
24 for care, supervision and services, as defined by this chapter or the
25 rules adopted pursuant to this chapter.
26 (3) Upon discovery of an unlicensed residential care or assisted living
27 facility for the elderly, the department shall refer residents to the appro-
28 priate placement or adult protective services agency if either of the follow-
29 ing conditions exist:
30 (a) There is an immediate threat to the resident's health and safety.
31 (b) The facility will not cooperate with the licensing agency to apply
32 for a license, meet licensing standards, and obtain a valid license.
33 (4) A person found to be operating a residential care or assisted living
34 facility for the elderly without a license shall be guilty of a misdemeanor
35 punishable by imprisonment in a county jail not to exceed six (6) months, or
36 by a fine not to exceed five thousand dollars ($5,000).
37 (5) In the event the county attorney in the county where the alleged
38 violation occurred fails or refuses to act within thirty (30) days of notifi-
39 cation of the violation, the attorney general is authorized to prosecute
40 violations under the provisions of this section.
41 SECTION 94. That Section 39-3553, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 39-3553. PLACEMENT OF PERSONS INTO AN UNLICENSED RESIDENTIAL CARE OR
44 ASSISTED LIVING FACILITY FOR THE ELDERLY. No person or public agency employee
45 shall place, refer or recommend placement of a person into a residential care
46 or assisted living facility for the elderly which is operating without a
47 license.
48 Failure to comply with the provisions of this subsection shall constitute
49 a misdemeanor.
44
1 SECTION 95. That Section 39-3554A, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-3554A. SPECIAL WAIVER PERMITTED. The department may grant a special
4 waiver of the requirement for licensure as a residential care or assisted liv-
5 ing facility for the elderly when it is deemed in the best interests of indi-
6 viduals and with due consideration of the following criteria:
7 (1) The individuals are residents of a facility operated by a nonprofit
8 health care and/or housing organization established as such in the state of
9 Idaho and satisfying the requirements of U.S. Internal Revenue Code section
10 501(c);
11 (2) The support services required by the individuals are furnished by an
12 entity approved to provide such services in the state of Idaho in good stand-
13 ing as demonstrated by routine inspections required for the type of entity
14 providing services;
15 (3) Facilities seeking such waivers and providing meal service shall be
16 inspected and licensed as a food service establishment by the district health
17 department unless the meal service is provided by a kitchen already part of a
18 facility licensed by the department;
19 (4) The costs of obtaining the needed services from another source are
20 significantly greater and/or would pose a significant hardship on these indi-
21 viduals.
22 Any waiver granted under this section shall be reviewed annually and is
23 subject to inspection by the department to ensure safety and sanitation.
24 SECTION 96. That Section 39-3555, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 39-3555. INSPECTIONS. (1) The licensing agency shall cause to be made
27 such inspections and investigations as it may deem necessary at least every
28 twelve (12) months to determine compliance with the provisions of this chapter
29 and applicable rules.
30 (2) All inspections for such purposes will be made unannounced and with-
31 out prior notice at intervals determined by the licensing agency.
32 (3) An inspector shall have full access and authority to examine, among
33 other things, quality of care and service delivery, a facility's records, res-
34 ident accounts, physical premises, including buildings, grounds and equipment,
35 and any other areas necessary to determine compliance with the provisions of
36 this chapter and applicable rules.
37 (4) An inspector shall have authority to interview the licensee,
38 administrator/operator, staff and residents. Interviews with residents shall
39 be confidential and conducted privately unless otherwise specified by the res-
40 ident.
41 (5) The licensing agency shall notify the facility, in writing, of all
42 deficiencies and shall approve a reasonable length of time for compliance by
43 the facility.
44 (6) Current lists of deficiencies, including plans of correction, shall
45 be available to the public upon request in the individual facilities or by
46 written request to the regional office of the department or the licensing
47 agency.
48 SECTION 97. That Section 39-3557, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 39-3557. ENFORCEMENT PROCESS. (1) If the licensing agency finds, on the
45
1 basis of inspections as defined in this chapter or otherwise, that a residen-
2 tial care or assisted living facility for the elderly no longer meets a
3 requirement of this chapter, and further finds that the facility's deficien-
4 cies:
5 (a) Immediately jeopardize the health or safety of its residents, the
6 department shall take immediate action to remove the jeopardy and correct
7 the deficiencies through the remedy specified in section 39-3558(1)(c),
8 Idaho Code, or prohibit the facility from keeping or admitting residents
9 and may provide, in addition, for one (1) or more of the other remedies
10 described in section 39-3558, Idaho Code.
11 (b) Do not immediately jeopardize the health or safety of its residents,
12 the department shall provide for one (1) or more of the remedies described
13 in section 39-3558, Idaho Code.
14 (2) Nothing in this section shall be construed as restricting the reme-
15 dies available to the department to remedy a facility's deficiencies. If the
16 department finds that a facility meets the requirements of this chapter, but,
17 as of a previous period, intentionally did not meet such requirements, the
18 department may provide for a civil money penalty under section 39-3558(1)(b),
19 Idaho Code, for the days in which it finds that the facility was not in com-
20 pliance with such requirements.
21 SECTION 98. That Section 39-3558, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 39-3558. SPECIFIED REMEDIES. (1) The department shall establish at least
24 the following remedies:
25 (a) Prohibit the facility from admitting residents or prohibit a facility
26 from keeping or admitting residents with a specific diagnosis.
27 (b) A civil money penalty assessed and collected, with interest, for each
28 day the facility is or was out of compliance with a requirement of this
29 chapter. Funds collected by the department as a result of imposition of
30 such a penalty shall be applied to the protection of the health or prop-
31 erty of residents of residential care or assisted living facilities for
32 the elderly that the department finds deficient, including payment for the
33 costs of relocation of residents to other facilities, maintenance of oper-
34 ation of a facility pending correction of deficiencies or closure, and
35 reimbursement of residents for personal funds lost.
36 (c) The appointment of temporary management to oversee the operation of
37 the facility and to assure the health and safety of the facility's resi-
38 dents, where there is a need for temporary management while:
39 (i) There is an orderly closure of the facility.
40 (ii) Improvements are made in order to bring the facility into com-
41 pliance with all the requirements of this chapter.
42 (iii) The temporary management under this clause shall not be termi-
43 nated until the department has determined that the facility has the
44 management capability to ensure continued compliance with all the
45 requirements of this chapter.
46 (d) The authority, in the case of an emergency, to summarily suspend the
47 license, to close the facility, and/or to transfer residents in that
48 facility to other facilities.
49 (2) The department shall also specify criteria as to when and how each of
50 such remedies is to be applied, the amounts of any fines, and the severity of
51 each of these remedies, to be used in the imposition of such remedies. Such
52 criteria shall be designed so as to minimize the time between the identifica-
53 tion of violations and final imposition of the remedies and shall provide for
46
1 the imposition of incrementally more severe fines for repeated or uncorrected
2 deficiencies.
3 SECTION 99. That Section 39-3559, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 39-3559. TRANSFER OF RESIDENTS. The department may transfer residents
6 from a residential care or assisted living facility for the elderly to an
7 alternative placement on the following grounds:
8 (1) As a result of a violation of a provision of this chapter or an
9 applicable rule the facility is unable or unwilling to provide an adequate
10 level of meals, lodging, personal assistance or supervision to persons resid-
11 ing in the facility at the time of the violation.
12 (2) A violation of a resident's rights as provided in section 39-3516,
13 Idaho Code.
14 (3) The number of residents currently in the facility exceeds the number
15 of residents the facility is licensed to serve.
16 (4) The facility is operating without a license.
17 (5) A violation of a provision of this chapter or an applicable rule
18 results in conditions that present an imminent danger.
19 SECTION 100. That Section 39-3560, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-3560. PURPOSE OF ADULT FOSTER CARE CERTIFIED FAMILY HOMES. The purpose
22 of an adult foster care certified family home in Idaho is to provide a resi-
23 dential alternative designed to allow elderly persons to remain in more normal
24 family-style living, usually within their own communities. Families who pro-
25 vide adult foster care share their homes with elderly persons who are able to
26 administer their own medications but who need assistance with activities of
27 daily living. Persons who live in adult foster care are those Certified family
28 homes provide a home to persons who are elderly, or unable to live alone
29 and/or whose mental, emotional and physical conditions are such that the care
30 given can be met by the foster care provider. will meet the person's needs.
31 Individuals requiring nursing home care, or who are unable to administer their
32 own medication, are not suitable for adult foster care The home must obtain a
33 waiver under section 39-1301A, Idaho Code, to care for two (2) persons requir-
34 ing the care described in section 39-1301(b), Idaho Code. Homes may add ser-
35 vices which will allow an individual's needs to be met.
36 SECTION 101. That Section 39-3561, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 39-3561. RULES. The board shall have the power and it shall be its duty
39 to promulgate appropriate rules necessary to implement and enforce the stan-
40 dards for certifying adult foster care certified family homes pursuant to this
41 act including, but not limited to, the following:
42 (1) A home shall be certified for no more than two (2) adults, however,
43 upon an application by the owner and upon a finding by the department that
44 residents can be cared for safely and appropriately based on the residents'
45 specific needs, the department may authorize not more than four (4) adults to
46 be placed in a certified family home which is owner-occupied and which applies
47 to the department for the authorization. Certification as a four (4) resident
48 certified family home shall not be transferable to another person or entity.
49 Four (4) resident certified family homes shall be subject to all statutes and
47
1 rules governing certified family homes but shall not be subject to the resi-
2 dential or assisted living administrator licensing requirements of chapter 42,
3 title 54, Idaho Code, section 39-3340, Idaho Code, licensing of residential or
4 assisted living facilities for the mentally ill, developmentally disabled and
5 physically disabled, or section 39-3540, Idaho Code, licensing of residential
6 or assisted living facilities for the elderly. This provision implementing
7 four (4) resident certified family homes shall be effective on July 1, 2001.
8 Prior to the effective date, the department shall promulgate rules for four
9 (4) resident certified family homes through the negotiated rulemaking process.
10 Nothing in this subsection shall be construed to authorize increased group
11 size for providers of any form of care other than certified family homes.
12 (2) An adult foster care provider may be a couple or a single individual.
13 (3) A home cannot be approved as a certified for adult foster family home
14 care if it also provides room and board for other persons.
15 (4) A home cannot be approved as a certified for adult foster care family
16 home and for child foster care at the same time, unless a waiver is granted by
17 the department.
18 (5) The adult foster care provider must have sufficient income to main-
19 tain the home and the services offered.
20 (6) Information obtained by the foster care provider shall be held confi-
21 dential except to representatives of the department to provide services or
22 determine compliance with this chapter or upon consent of the individual or
23 his legal guardian.
24 (7) Recordkeeping and reporting requirements as may be deemed necessary.
25 (8) Requirements to assure the safety and adequate care of residents.
26 (9) Until July 1, 1994, residential care facilities serving four (4) or
27 fewer residents and holding a valid license or with an application for a
28 license pending with the department as of July 1, 1994, shall have the option
29 of being certified as an adult foster care certified family home. Certifica-
30 tion as an adult foster care certified family home under this subsection shall
31 not be transferable to another person or entity. Adult foster care Certified
32 family home providers certified under this subsection shall not be subject to
33 residential care administrator the licensing requirements of chapter 42, title
34 54, Idaho Code, or section 39-3340, Idaho Code, licensing of residential care
35 facilities for the mentally ill, developmentally disabled and physically dis-
36 abled, or section 39-3540, Idaho Code, licensing of residential care facili-
37 ties for the elderly. This provision in and of itself shall not be construed
38 to authorize increased group size for providers of any form of care other than
39 adult foster care certified family homes.
40 SECTION 102. That Section 39-3562, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 39-3562. APPLICATION FOR CERTIFICATION. An application for certification
43 shall be made to regional offices of the department upon forms provided by the
44 department and shall contain such information as the department reasonably
45 requires which will include a background check and fingerprinting with the
46 Idaho department of law enforcement. Following receipt of an application, the
47 department shall conduct a study, including a visit to the home, to determine
48 the capability of the provider to provide adult foster care as a certified
49 family home.
50 SECTION 103. That Section 39-3563, Idaho Code, be, and the same is hereby
51 amended to read as follows:
48
1 39-3563. ISSUANCE AND RENEWAL OF CERTIFICATION. Each certificate shall be
2 issued only for the home and foster care provider named in the application and
3 shall not be transferable or assignable. Each adult foster care certified fam-
4 ily home is required to renew their its certification annually. The applica-
5 tion for renewal shall be filed with the regional office of the department
6 within thirty (30) days prior to the date of expiration. The existing certifi-
7 cate, unless suspended or revoked, shall remain in force and effect until the
8 department has acted upon the application renewal when such application for
9 renewal is timely filed.
10 SECTION 104. That Section 39-3564, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-3564. TEMPORARY CERTIFICATION. Upon initial investigation, should an
13 applicant for a certificate be unable to meet a standard because of conditions
14 that are unlikely to endure beyond six (6) months, the department may grant a
15 temporary certificate pending the satisfactory correction of all deficiencies
16 and provided that the deficiencies do not jeopardize the health and safety of
17 residents. No more than one (1) provisional certificate shall be issued to the
18 same adult foster care certified family home in any twelve (12) month period.
19 SECTION 105. That Section 39-3568, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-3568. RULES PROVIDED. Upon initial certification, adult foster care
22 certified family homes shall be provided a printed copy of all applicable
23 rules by the department, without charge.
24 SECTION 106. That Section 39-3569, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 39-3569. MANDATORY INSPECTIONS. For the purpose of determining whether
27 every adult foster care certified family home consistently maintains confor-
28 mity with the standards established under the authority herein, the depart-
29 ment, through a certifying agent, shall visit the premises of each home as it
30 deems necessary but in any event at intervals not to exceed six at least every
31 twelve (612) months.
32 SECTION 107. That Section 39-3570, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 39-3570. ENFORCEMENT PROCESS. Section 39-3557, Idaho Code, governing res-
35 idential care or assisted living facilities shall also govern adult foster
36 care certified family homes.
37 SECTION 108. That Section 39-3571, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-3571. OPERATING WITHOUT CERTIFICATION -- MISDEMEANOR. Any person who
40 operates an adult foster care certified family home within the state without
41 first obtaining certification as provided in this chapter shall be guilty of a
42 misdemeanor.
43 SECTION 109. That Section 39-3572, Idaho Code, be, and the same is hereby
44 amended to read as follows:
49
1 39-3572. PLACEMENT OF PERSONS INTO AN UNLICENSED ADULT FOSTER CARE UNCER-
2 TIFIED FAMILY HOME. Section 39-3553, Idaho Code, governing residential care or
3 assisted living facilities shall also govern unlicensed adult foster care
4 uncertified family homes.
5 SECTION 110. That Section 39-3573, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-3573. NEGOTIATED SERVICE AGREEMENT. The negotiated service agreement
8 as set out in section 39-35089, Idaho Code, shall govern the content, prepara-
9 tion and review of the negotiated service agreement for residents of adult
10 foster care certified family homes.
11 SECTION 111. That Chapter 35, Title 39, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 39-3573A, Idaho Code, and to read as follows:
14 39-3573A. PHYSICIAN'S ORDER FOR CERTIFIED FAMILY HOMES. The physician's
15 order as set out in section 39-3511, Idaho Code, governing licensed residen-
16 tial or assisted living facilities for the elderly shall also govern certi-
17 fied family homes.
18 SECTION 112. That Section 39-3574, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-3574. WRITTEN SERVICE PLAN. The department and the foster care
21 providers serving clients of the department shall negotiate a written plan
22 annually. The purpose of the plan shall be to ensure that a client receives
23 the level of care based upon the negotiated service agreement as described in
24 sections 39-3503 and 39-3508 39-3509, Idaho Code. The plan is to establish a
25 basis for coordination and communication between the foster home family and
26 the department. The plan shall be maintained in the home.
27 SECTION 113. That Section 39-3575, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-3575. FOSTER CARE AGREEMENTS. Each foster care provider shall negoti-
30 ate a written, signed and dated agreement between the foster care provider and
31 a resident specifying the amount of monthly payment to be paid by the resident
32 and the method for payment.
33 SECTION 114. That Section 39-3576, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 39-3576. RESIDENT RIGHTS. Section 39-3516, Idaho Code, governing licensed
36 residential care or assisted living facilities shall also govern adult foster
37 care certified family homes.
38 SECTION 115. That Section 39-3577, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-3577. TRAINING. The department shall insure that foster care providers
41 receive, at a minimum, training which shall include the rights of the resi-
42 dent, and a basic understanding of the psychosocial and physical needs of res-
43 idents to be served. The department will specify annual continuing education
50
1 requirements for foster care providers.
2 SECTION 116. That Section 39-3578, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-3578. PHYSICAL AND ENVIRONMENTAL STANDARDS. Standards shall be devel-
5 oped through the regulatory process by the department to insure a safe, sani-
6 tary and comfortable environment for residents of adult foster care certified
7 family homes.
8 SECTION 117. That Section 39-3580, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-3580. APPLICATION OF PROVISIONS. The provisions of section 39-35089,
11 Idaho Code, governing licensed residential care or assisted living facili-
12 ties, shall also govern adult foster care certified family homes. Any individ-
13 ual providing care and housing commercially to the elderly general public
14 shall at a minimum meet the requirements of this chapter or other provision of
15 law governing care and housing for the elderly if those provisions are more
16 restrictive.
17 SECTION 118. That Section 39-4803, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 39-4803. IMMUNIZATION REGISTRY. (1) The department of health and welfare
20 shall provide for the establishment of a voluntary registry of the immuniza-
21 tion status of Idaho children against childhood diseases. The registry may be
22 maintained and its data disclosed as set out herein to further the following
23 purposes:
24 (a) To make immunizations readily available to every Idaho citizen that
25 desires to have their child immunized;
26 (b) To increase the voluntary immunization rate in Idaho to the maximum
27 extent possible without mandating such immunizations;
28 (c) To recognize and respect the rights of parents and guardians to make
29 health care decisions for their children;
30 (d) To provide for timely reminders to parents of children in the regis-
31 try.
32 (2) The name of a child or information relating to the immunization sta-
33 tus of that child may be collected or included in the registry only upon the
34 separate and specific written authorization of a parent, guardian or other
35 person legally responsible for the care of the child. Such authorization may
36 not be part of a general authorization or release. The registry may contain
37 only the following information for each child:
38 (a) The child's name, address and birth date;
39 (b) The name and address of each parent of the child;
40 (c) The month, day, year and type of each immunization that has been
41 administered to the child;
42 (d) The name, address and phone number of each provider that has adminis-
43 tered an immunization to the child;
44 (e) If requested by a parent or guardian, any statement made pursuant to
45 subsection (4) of this section;
46 (f) Other information as authorized or requested by a parent or guardian.
47 (3) The department of health and welfare may only disclose information
48 relating to an individual child in the registry to the following upon a spe-
49 cific request:
51
1 (a) Employees of the health district in which the child resides or seeks
2 medical services;
3 (b) Health records staff of the school or school district in which the
4 child is enrolled;
5 (c) The operator of a licensed child care facility in which the child is
6 enrolled;
7 (d) Persons who are legally responsible for the long-term care of the
8 child, including operators of licensed ICF/MR's and residential care or
9 assisted living facilities, adoptive and foster parents and a guardian
10 appointed pursuant to chapter 5, title 15, Idaho Code;
11 (e) Any health care provider rendering treatment to the child, and the
12 provider's agents;
13 (f) Any person possessing a lawful release, properly executed by the
14 child's parent or guardian;
15 (g) A parent of the child;
16 (h) Any hospital where the child is receiving care.
17 (4) A parent or guardian of the child shall have free and open access to
18 all information in the registry that relates to their child or themselves.
19 Upon the written request of a parent or guardian, the department of health and
20 welfare shall:
21 (a) Cause all information relating to the child to be removed from the
22 registry and any databases or files of other entities or persons to which
23 information in the database has been disclosed;
24 (b) Include in the registry the statement of a physician or parent pursu-
25 ant to section 39-4802(2) or 39-1118(2), Idaho Code.
26 (5) All information contained in the registry or disclosed from it is
27 confidential and may not be sold and may only be disclosed as specifically
28 authorized in this section. A person or entity to whom information is dis-
29 closed from the registry may not thereafter disclose it to others. Any person
30 who discloses or authorizes disclosure of any information contained in the
31 registry, except as authorized in this section is guilty of a misdemeanor and
32 is liable for civil damages in the amount of one hundred dollars ($100) for
33 each violation.
34 SECTION 119. That Section 39-5303, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 39-5303. DUTY TO REPORT CASES OF ABUSE, NEGLECT OR EXPLOITATION OF VUL-
37 NERABLE ADULTS. (1) Any physician, nurse, employee of a public or private
38 health facility, or a state licensed or certified residential facility serving
39 vulnerable adults, medical examiner, dentist, ombudsman for the elderly,
40 osteopath, optometrist, chiropractor, podiatrist, social worker, police offi-
41 cer, pharmacist, physical therapist, or home care worker who has reasonable
42 cause to believe that a vulnerable adult is being or has been abused,
43 neglected or exploited shall immediately report such information to the com-
44 mission. Provided however, that skilled nursing facilities defined in section
45 39-1301(b), Idaho Code, and employees of such facilities shall make reports
46 required under this chapter to the department. When there is reasonable cause
47 to believe that abuse or sexual assault has resulted in death or serious phys-
48 ical injury jeopardizing the life, health or safety of a vulnerable adult, any
49 person required to report under this section shall also report such informa-
50 tion within four (4) hours to the appropriate law enforcement agency.
51 (2) Failure to report as provided under this section is a misdemeanor
52 subject to punishment as provided in section 18-113, Idaho Code. If an
53 employee at a state licensed or certified residential facility fails to report
52
1 abuse or sexual assault that has resulted in death or serious physical injury
2 jeopardizing the life, health or safety of a vulnerable adult as provided
3 under this section, the department shall also have the authority to:
4 (a) Revoke the facility's license and/or contract with the state to pro-
5 vide services;
6 (b) Deny payment;
7 (c) Assess and collect a civil monetary penalty with interest from the
8 facility owner and/or facility administrator;
9 (d) Appoint temporary management;
10 (e) Close the facility and/or transfer residents to another certified
11 facility;
12 (f) Direct a plan of correction;
13 (g) Ban admission of persons with certain diagnoses or requiring special-
14 ized care;
15 (h) Ban all admissions to the facility;
16 (i) Assign monitors to the facility; or
17 (j) Reduce the licensed bed capacity.
18 Any action taken by the department pursuant to this subsection shall be
19 appealable as provided in chapter 52, title 67, Idaho Code.
20 (3) Any person, including any officer or employee of a financial institu-
21 tion, who has reasonable cause to believe that a vulnerable adult is being
22 abused, neglected or exploited may report such information to the commission
23 or its contractors.
24 (34) The commission and its contractors shall make training available to
25 officers and employees of financial institutions in identifying and reporting
26 instances of abuse, neglect or exploitation involving vulnerable adults.
27 (45) Any person who makes any report pursuant to this chapter, or who
28 testifies in any administrative or judicial proceeding arising from such
29 report, or who is authorized to provide supportive or emergency services pur-
30 suant to the provisions of this chapter, shall be immune from any civil or
31 criminal liability on account of such report, testimony or services provided
32 in good faith, except that such immunity shall not extend to perjury, reports
33 made in bad faith or with malicious purpose nor, in the case of provision of
34 services, in the presence of gross negligence under the existing circum-
35 stances.
36 (56) Any person who makes a report or allegation in bad faith, with mal-
37 ice or knowing it to be false, shall be liable to the party against whom the
38 report was made for the amount of actual damages sustained or statutory dam-
39 ages in the amount of five hundred dollars ($500), whichever is greater, plus
40 attorney's fees and costs of suit. If the court finds that the defendant acted
41 with malice or oppression, the court may award treble actual damages or treble
42 statutory damages, whichever is greater.
43 SECTION 120. That Section 39-5304, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 39-5304. REPORTING REQUIREMENTS, INVESTIGATION, EMERGENCY ACCESS. (1)
46 When a report is required pursuant to this chapter, such report shall be made
47 immediately to the commission or appropriate contractor. Provided however,
48 that skilled nursing facilities defined in section 39-1301(b), Idaho Code, and
49 employees of such facilities shall make reports required under this chapter to
50 the department. If known, the report shall contain the name and address of the
51 vulnerable adult; the caretaker; the alleged perpetrator; the nature and
52 extent of suspected abuse, neglect or exploitation; and any other information
53 that will be of assistance in the investigation.
53
1 (2) If the allegations in the report indicate that an emergency exists,
2 the commission or contractor must initiate an investigation immediately, and
3 initiate contact with the alleged vulnerable adult within twenty-four (24)
4 hours. All other investigations must be initiated within seventy-two (72)
5 hours.
6 (3) The investigation shall include a determination of the nature, extent
7 and cause of the abuse, neglect, or exploitation, examination of evidence and
8 consultation with persons thought to have knowledge of the circumstances and
9 identification, if possible, of the person alleged to be responsible for the
10 abuse, neglect or exploitation of the vulnerable adult.
11 (4) The investigation shall include an interview with the vulnerable
12 adult, if possible. The commission or contractor shall conduct the interview,
13 preferably, by means of a personal visit with the vulnerable adult in the
14 adult's dwelling. If that is not possible, the interview may occur in the
15 local office of the commission or contractor, or by telephone conversation,
16 or by any other means available to the commission or contractor.
17 (5) Upon completion of an investigation, the commission or contractor
18 shall prepare a written report of the investigation. The name of the person
19 making the original report or any person mentioned in the report shall not be
20 disclosed unless those persons specifically request such disclosure or unless
21 the disclosure is made pursuant to a request to law enforcement for emergency
22 access, a court order or hearing.
23 If the abuse, neglect, or exploitation is substantiated to have occurred
24 in a state certified or licensed facility, a copy of the findings shall be
25 sent to the licensing and certification office of the department.
26 If the commission or contractor determines that a report is unsubstanti-
27 ated and that no other law has been violated, all records related to the
28 report shall be expunged no later than three (3) years following the comple-
29 tion of the investigation.
30 SECTION 121. That Section 39-5308, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-5308. INTERAGENCY COOPERATION. (1) In performing the duties set forth
33 in this chapter, the commission or contractor may request the assistance of
34 the staffs and resources of all appropriate state departments, agencies and
35 commissions and local health directors, and may utilize any other public or
36 private agencies, groups or individuals who are appropriate and who may be
37 available. Interagency cooperation shall include the involvement, when appro-
38 priate, of law enforcement personnel, department personnel, medical personnel,
39 and any other person or entity deemed necessary due to their specialized
40 training in providing services to vulnerable adults. Interagency cooperation
41 may also include access to client information necessary for the provision of
42 services to vulnerable adults.
43 (2) The commission shall provide to the department on at least a quar-
44 terly basis a listing of all alleged perpetrators against whom an allegation
45 of adult abuse, neglect or exploitation has been substantiated. Upon request,
46 all available supportive information shall be provided to enable the depart-
47 ment to conduct criminal background checks and other required investigations.
48 (3) The department shall provide to the commission or contractor any
49 report received under this chapter from a skilled nursing facility defined in
50 section 39-1301(b), Idaho Code, or an employee of such facility.
51 (4) The commission or contractor shall provide the department with any
52 report received under this chapter involving allegations of abuse, neglect or
53 exploitation occurring in a skilled nursing facility as defined in section
54
1 39-1301(b), Idaho Code.
2 (5) The commission, contractors and the department shall use interagency
3 staffing when necessary and share client and facility information necessary to
4 provide services to vulnerable adults.
5 SECTION 122. That Section 39-5601, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-5601. LEGISLATIVE INTENT. The purpose and intent of this chapter is to
8 authorize personal care assistance services for medicaid eligible recipients
9 participants in the recipient's participant's home and community. It is fur-
10 ther the purpose of this chapter to help maintain these eligible recipients
11 participants in their own homes in order to provide for the greatest degree of
12 independence and self-reliance possible.
13 Personal care assistance services are an integral component of the long-
14 term care service delivery system and they are to be designed to provide a
15 range of services for persons who are elderly and for persons with disabili-
16 ties. These services are to help individuals compensate for functional limita-
17 tions and are to be delivered over a sustained period of time to persons who
18 lost or never acquired some degree of functional capacity. Personal care
19 sServices will be viewed as services which enhance enhancing the quality of
20 life, individual choice, consumer control, independence and community integra-
21 tion.
22 Community centered, in-home, medically related Personal assistance ser-
23 vices related to functional need shall be provided, for as long as possible,
24 that will in order to maintain the independence, privacy, and dignity of the
25 individual in the least restrictive, most cost-effective setting.
26 The participant and, at the option of the participant, the family of the
27 recipient participant, if available, and/or the recipient shall be involved in
28 the development of the individual service plan of care to insure the plan will
29 enhance the existing base of support provided by the family based on the
30 participant's needs identified through an assessment conducted by the depart-
31 ment.
32 SECTION 123. That Section 39-5602, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 39-5602. DEFINITIONS. As used in this chapter, the following terms shall
35 have the following meanings:
36 (1) "Associated services" means those tasks performed which do not
37 require hands-on care such as incidental housekeeping, cooking, laundry, shop-
38 ping, and transportation included in the care plan "Attendant care" means ser-
39 vices provided under a medicaid home and community-based services waiver that
40 involve personal and medically orientated tasks dealing with the functional
41 needs of the participant and accommodating the participant's needs for long-
42 term maintenance, supportive care or IADLs. These services may include, but
43 are not limited to, personal assistance and medical tasks that can be done by
44 unlicensed persons or delegated to unlicensed persons by a health care profes-
45 sional or participant. Services shall be based on the participant's abilities
46 and limitations, regardless of age, medical diagnosis or other category of
47 disability.
48 (2) "Case management" means a service which coordinates multiple services
49 for individual clients participants through a process of assessment, planning,
50 arranging for and monitoring services.
51 (3) "Department" means the department of health and welfare of the state
55
1 of Idaho.
2 (4) "Director" means the director of the department of health and wel-
3 fare.
4 (5) "Eligible recipient participant" or "recipient participant" means an
5 individual determined eligible by the department for the services provided in
6 the state plan for Idaho medicaid services, as authorized by title XIX, of the
7 social security act, as amended.
8 (6) "Fiscal intermediary services" means services that allow the partici-
9 pant receiving personal assistance services, or his designee or legal repre-
10 sentative, to choose the level of control he will assume in recruiting,
11 selecting, managing, training, and dismissing his personal assistant regard-
12 less of who the employer of record is, and allows the participant control over
13 the manner in which services are delivered.
14 (7) "Individual service plan" means a document which outlines all ser-
15 vices including, but not limited to, personal assistance services and IADLs,
16 required to maintain the individual in his or her home and community.
17 (8) "Instrumental activities of daily living (IADL)" means those activi-
18 ties performed in supporting the activities of daily living, including, but
19 not limited to: managing money, preparing meals, shopping, light housekeeping,
20 using the telephone, or getting around in the community.
21 (9) "Personal assistance agency" means an entity that recruits, hires,
22 fires, trains, supervises, schedules, oversees quality of work, takes respon-
23 sibility for services provided, provides payroll and benefits for personal
24 assistants working for them, is the employer of record and in fact, and may
25 provide fiscal intermediary services.
26 (10) "Personal assistance services" includes attendant care and personal
27 care services.
28 (611) "Personal care attendant assistant" means an person whose name
29 appears on the Idaho state board of nurse's registry of certificated nurse
30 aid's (CNA) or is determined by the director to meet equivalent requirements
31 and holds, or works for a provider agency that holds, a valid Idaho medicaid
32 provider agreement for personal care services; and provides hands-on individ-
33 ual who directly provides personal care assistance services.
34 (712) "Personal care services" means services ordered by a physician or
35 authorized provider that involve personal and medically orientated tasks deal-
36 ing with the physical requirements functional needs of the patient performed
37 in the patient's home participant and accommodating the patient's
38 participant's needs for long-term maintenance, supportive care or associated
39 services IADLs. These services may include, but are not limited to, personal
40 assistance and medical tasks that can be done by unlicensed persons or dele-
41 gated to unlicensed persons by a health care professional or participant. Ser-
42 vices shall be based on the participant's abilities and limitations, regard-
43 less of age, medical diagnosis or other category of disability.
44 (8) "Plan of care" means a document which outlines all services, includ-
45 ing but not limited to, personal care services, required to maintain the indi-
46 vidual in his or her community.
47 (913) "Provider" means a personal care attendant or provider assistance
48 agency.
49 (10) "Provider agency" means an entity that recruits, hires, fires,
50 trains, supervises, schedules, oversees quality of work, takes responsibility
51 for care given, and provides payroll and benefits for care providers working
52 for them.
53 (114) "Representative" means an employee of the department of health and
54 welfare.
55 (15) "Voucher service option" means a method of service provision whereby
56
1 the participant receives vouchers to pay for personal assistance services.
2 SECTION 124. That Section 39-5603, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-5603. STANDARDS FOR PROVISION OF PERSONAL CARE ASSISTANCE SERVICES.
5 The director shall have the power and it shall be his duty to promulgate and
6 adopt appropriate rules necessary to implement and enforce standards for pro-
7 vision of personal care assistance services.
8 The following standards for provision of personal care assistance services
9 and other provisions contained throughout this chapter and rules shall apply
10 to recipients participants and providers receiving or providing personal care
11 assistance services either as a medicaid option service or a waivered service,
12 unless prohibited by federal law or contents of the federal waiver agreement.
13 (1) Personal care services shall be included as a state plan service
14 under medicaid. Services under a waiver shall be available to those individu-
15 als who would not qualify for medicaid in the absence of a waiver or to those
16 whose needs cannot be met with personal care services under the plan.
17 (2) Personal care services shall be ordered by a physician or authorized
18 provider.
19 (3) Attendant care shall be included as a service under medicaid home and
20 community-based waiver(s).
21 (4) All attendant care services must be authorized by the department or
22 its designee.
23 (5) The department will establish by rule maximum hours per month of per-
24 sonal care services available to the individual recipient participant under
25 the state medicaid plan.
26 (46) The department shall enter into agreements with providers for the
27 provision of personal care assistance services. The department may deny pro-
28 vider status or revoke that status when a provider is found to endanger the
29 health, person or property of the recipient participant, or is in violation of
30 rules promulgated by the department or the provider agreement.
31 (57) A provider agency shall have the responsibility for the following:
32 (a) Recruitment, hiring, firing, training, supervision, scheduling, pay-
33 roll, and the assurance of quality of service, of its personal care atten-
34 dants assistants;
35 (b) Complying with state and federal labor and tax laws, rules and regu-
36 lations;
37 (c) Maintaining liability insurance coverage;
38 (d) Provision of an appropriately qualified nurse to complete the plan of
39 care and ongoing supervision of the recipients care when required;
40 (e) Assignment of a qualified personal care attendant assistant to each
41 authorized recipient participant after consultation with and prior
42 approval of that recipient participant;
43 (f) Assuring all personal care attendants assistants providing services,
44 whether themselves or their agent, meet the standards and qualifications
45 of this chapter;
46 (g) Billing medicaid for services approved and authorized; by them;
47 (h) Making referrals for personal care service recipients Referring par-
48 ticipants to case management services based on established criteria;
49 (i) Providing for care by a qualified replacement when the regular per-
50 sonal care attendant assistant is unable to provide the services, and pro-
51 viding for unanticipated services approved on the individual service plan
52 of care when requested by the recipient participant; and
53 (j) Conducting, at least annually, client participant
57
1 satisfaction/quality control reviews available to the department and gen-
2 eral public.
3 (8) A personal assistance agency that provides fiscal intermediary ser-
4 vices shall have the responsibility for the following:
5 (a) To assure compliance with legal requirements related to the employ-
6 ment of participant/family directed personal assistants; and
7 (b) To offer supportive services to enable participants or families to
8 perform required employer tasks themselves; and
9 (c) To bill the medicaid program for services approved and authorized by
10 the department; and
11 (d) To collect any participant contribution due; and
12 (e) To pay personal assistants for services; and
13 (f) To perform all necessary withholding as required by state and federal
14 labor and tax laws, rules and regulations; and
15 (g) To offer a full range of services and perform all services contained
16 in a written agreement between the participant and the provider.
17 (69) Personal care attendants assistants are not employees of the state.
18 The department will provide a qualified nurse to establish a plan of care and
19 ongoing care supervision, where a personal care attendant is providing ser-
20 vice.
21 (710) Case management shall be made available to personal care service
22 recipients assistance participants where and when appropriate. In order to
23 avoid a conflict of interest, case management shall not be provided by the
24 same agency that provides personal care assistance services to the recipient
25 participant. Services provided by case managers include but are not limited
26 to:
27 (a) Comprehensive assessment;
28 (b) Assistance with eligibility and application processes;
29 (c) Service plan development;
30 (d) Service plan implementation;
31 (e) Reassessment and service termination planning; and
32 (f) Supportive functions which may include client advocacy, assistance,
33 consultation, including training to enable the recipient to manage and
34 evaluate the care they receive, family support, crisis intervention or
35 follow-up after termination from case management when necessary.
36 (811) The department's regional medicaid staff shall review and approve
37 the individual service plan, of care, authorize personal care assistance ser-
38 vices, the hours of service, and make appropriate referrals for case manage-
39 ment for eligible individuals.
40 (912) The department shall establish and maintain a community awareness
41 program that will educate Idaho citizens regarding the purpose and function of
42 all long-term care alternatives including, but not limited to, personal care
43 assistance services and individual recipient participant rights. This program
44 will be developed in cooperation with other state agencies including, but not
45 limited to, the office commission on aging and the division of vocational
46 rehabilitation state independent living council.
47 (103) It shall be the responsibility of the recipient, his parents or
48 guardian participant or his designee or legal representative, when possible
49 appropriate, to select the provider of personal care assistance services.
50 (114) The department shall provide the recipient participant, his parents
51 or guardian designee or legal representative, with a list of available
52 providers of personal care assistance services; however, this does not relieve
53 the recipient, participant or his parents or guardian designee or legal repre-
54 sentative of the responsibility of provider selection.
55 (125) In those cases where the recipient, participant or his parents or
58
1 guardian designee or legal representative cannot arrange for personal care
2 assistance services or asks for help in making arrangements, a representative
3 of the department may arrange for or help arrange for personal care assistance
4 services on behalf of the recipient participant.
5 SECTION 125. That Section 39-5604, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-5604. PROVIDERS OF PERSONAL CARE SERVICES HEALTH AND BACKGROUND
8 CHECKS. The director shall require, for both personal care attendants and pro-
9 viders agencies, to obtain health tests or screens, criminal background and
10 nurse's aide registry checks, and licenses and/or certifications necessary to
11 protect the health, person and property of the recipient to be served partici-
12 pant for any personal assistant acting as an employee, agent, or contractor of
13 a provider. He may deny provider status or revoke that status when a care pro-
14 vider or an employee, agent, or contractor of a provider, is found to endanger
15 the health, person or property of the recipient participant.
16 SECTION 126. That Section 39-5605, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 39-5605. TRAINING OF PROVIDERS PERSONAL ASSISTANTS. The director may
19 require a provider personal assistant to successfully complete a training pro-
20 gram established by the rules before beginning to provide personal care assis-
21 tance services. Those providing personal care assistance services when the
22 rule is established will be given a reasonable period of time to obtain the
23 required training. The director may establish different training requirements
24 for different services provided and for providers personal assistants serving
25 recipients participants with special intensive needs. The department shall
26 conduct training to include, but not be limited to, administrative rules,
27 billing procedures and service requirements.
28 SECTION 127. That Section 39-5606, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 39-5606. PAYMENT TO BE MADE TO PROVIDER. Within the appropriations pro-
31 vided by law, and as authorized by rule, the department shall reimburse the
32 provider for personal care assistance services received by the recipient par-
33 ticipant. To qualify for reimbursement, personal care assistance services must
34 be prescribed by a physician delivered in accordance with the recipient's
35 participant's individual service plan of care and be provided by an individual
36 who is:
37 (a) A personal care attendant;
38 (b) Supervised by a registered nurse; and
39 (c) Not a member of the recipient's family all federal requirements.
40 The department will establish annually uniform reimbursement rates for
41 providers. This rate will be based on the prevailing hourly rate paid for com-
42 parable positions in the state for nursing home industry employees. Providers
43 agencies shall also receive a fifty-five percent (55%) supplemental component
44 to cover travel, administration, training and all payroll taxes and fringe
45 benefits. Personal care attendant rates shall have a supplemental component to
46 cover training, worker's compensation, social security and liability insur-
47 ance. The department may establish different rates for associated services.
48 When the assessment tool referred to in sections 39-3308 and 39-3508, Idaho
49 Code, becomes available, it shall be applied to establish reimbursement lev-
59
1 els.
2 The director shall promulgate and adopt such necessary rules to implement
3 the requirements of this section.
4 SECTION 128. That Chapter 56, Title 39, Idaho Code, be, and the same is
5 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
6 ignated as Section 39-5607, Idaho Code, and to read as follows:
7 39-5607. EFFECT OF PERSONAL ASSISTANCE AGENCY RATES. Applicants for and
8 participants of personal assistance services shall not lose their eligibility
9 for such services as a result of changing from an existing provider to a per-
10 sonal assistance agency, or from any increased cost of their individual ser-
11 vice plan required by this act.
12 SECTION 129. That Section 39-5608, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-5608. LIABILITY OF ACTIONS UNDER THIS CHAPTER. (1) The recipient par-
15 ticipant, his parents or guardians designee or legal representative, if such
16 are responsible, shall be liable for any acts of the recipient participant
17 performed or committed while receiving personal care or services under the
18 provisions of this chapter.
19 (2) The department shall not be held liable for any actions under this
20 chapter, except pursuant to section 39-5603(114), Idaho Code, when the repre-
21 sentative of the department is acting in on behalf of the recipient partici-
22 pant, his parents or guardian designee or legal representative; however, the
23 provisions of section 39-5603(912), Idaho Code, shall remain in force.
24 (3) Nothing in this chapter shall exempt the provider of personal care
25 services from any liability caused by such providers' provider's negligence,
26 abuse, or other improper action of the provider.
27 SECTION 130. That Chapter 56, Title 39, Idaho Code, be, and the same is
28 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
29 ignated as Section 39-5609, Idaho Code, and to read as follows:
30 39-5609. PERSONAL ASSISTANCE OVERSIGHT COMMITTEE. The department shall
31 establish, as part of the medical care advisory committee (MCAC), an oversight
32 subcommittee consisting of providers of personal assistance services and par-
33 ticipants of such services and advocacy organizations representing such par-
34 ticipants, and other interested parties, for the purpose of planning, monitor-
35 ing, and recommending changes to the medicaid waiver and personal assistance
36 programs to the MCAC. At least fifty-one percent (51%) of the committee mem-
37 bership shall be participants or their representatives. The director shall
38 determine when and if this role shall be performed by the MCAC.
39 SECTION 131. That Section 54-1601, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 54-1601. DEFINITIONS. (1) As used in this act, unless otherwise stated,
42 the following terms shall have the respective meanings hereinafter set forth
43 or indicated:
44 (2) "Board" means the board of examiners of nursing home administrators
45 of the state of Idaho.
46 (3) "Examiner" means a member of the board of examiners of nursing home
47 administrators of the state of Idaho.
60
1 (4) "Executive secretary" means the secretary of the board of examiners
2 of nursing home administrators of the state of Idaho.
3 (5) "Nursing home administrator" means any individual responsible for
4 planning, organizing, directing, and controlling the operation of a nursing
5 home, or who in fact performs such functions, whether or not such functions
6 are shared by one (1) or more other persons.
7 (6) "Nursing home administrator-in-training" means an individual regis-
8 tered as such under and pursuant to the provisions of this act.
9 (7) "Practice of nursing home administration" means that planning, orga-
10 nizing, directing, and control of the operation of a nursing home.
11 (8) "Health care facility" means any institution or facility which sup-
12 plies all of the functional needs of an individual in need of residence care,
13 and defined as such for licensing purposes under state law or pursuant to the
14 rules for nursing homes, hospitals, residential care homes or assisted living
15 facilities, whether proprietary or nonprofit, and shall include, but not be
16 limited to, health care facilities owned or administered by the state govern-
17 ment or any agency or political subdivisions thereof.
18 SECTION 132. That Section 54-1705, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 54-1705. DEFINITIONS. (1) "Board of pharmacy" or "board" means the Idaho
21 state board of pharmacy.
22 (2) "Counseling or counsel" means the effective communication by the
23 pharmacist of information as set out in this chapter, to the patient or
24 caregiver, in order to improve therapeutic outcomes by maximizing proper use
25 of prescription medications and devices. Specific areas of counseling shall
26 include, but are not limited to:
27 (a) Name and strength and description of the medication;
28 (b) Route of administration, dosage, dosage form, continuity of therapy
29 and refill information;
30 (c) Special directions and precautions for preparation, administration,
31 storage and use by the patient as deemed necessary by the pharmacist;
32 (d) Side effects or adverse effects and interactions and therapeutic
33 contraindications that may be encountered, including their avoidance,
34 which may interfere with the proper use of the medication or device as was
35 intended by the prescriber, and the action required if they occur;
36 (e) Techniques for self-monitoring drug therapy; and
37 (f) Action to be taken in the event of a missed dose.
38 (3) "Deliver" or "delivery" means the actual, constructive or attempted
39 transfer of a drug or device from one (1) person to another, whether or not
40 for a consideration.
41 (4) "Device" means an instrument, apparatus, implement, machine, contriv-
42 ance, implant, invitro reagent or other similar related article including any
43 component part or accessory which is:
44 (a) Recognized in the official United States Pharmacopoeia or official
45 National Formulary, other drug compendia or any supplement to them;
46 (b) Intended for use in the diagnosis of disease or other conditions, or
47 the cure, mitigation, treatment or prevention of disease in man or other
48 animal;
49 (c) Intended to effect the structure or any function of the body of man
50 or other animal, and which does not achieve any of its principal intended
51 purposes through chemical action within or on the body of man or other
52 animal, and which is not dependent upon being metabolized for the
53 achievement of any of its principal intended purposes.
61
1 (5) "Dispense" or "dispensing" means the preparation and delivery of a
2 prescription drug pursuant to a lawful order of a practitioner in a suitable
3 container appropriately labeled for subsequent administration to or use by a
4 patient or other individual entitled to receive the prescription drug.
5 (6) "Distribute" means the delivery of a drug other than by administering
6 or dispensing.
7 (7) "Drug" means:
8 (a) Articles recognized as drugs in the official United States Pharmaco-
9 poeia, official National Formulary, official Homeopathic Pharmacopoeia,
10 other drug compendia or any supplement to any of them;
11 (b) Articles intended for use in the diagnosis, cure, mitigation, treat-
12 ment or prevention of disease in man or other animal;
13 (c) Articles, other than food, intended to affect the structure or any
14 function of the body of man or other animals; and
15 (d) Articles intended for use as a component of any articles specified in
16 paragraph (a), (b) or (c) of this subsection.
17 (8) "Drug order" means a written order, in a hospital or other health
18 care institution, for an ultimate user of any drug or device issued and signed
19 by a practitioner, or an order transmitted by other means of communication
20 from a practitioner, which is immediately reduced to writing by a pharmacist,
21 registered nurse or other licensed health care practitioner authorized by the
22 hospital or institution. The order shall contain the name and bed number of
23 the patient, the name and strength or size of the drug or device, unless spec-
24 ified by individual institution policy or guideline, the amount to be dis-
25 pensed, either in quantity or days, adequate directions for the proper use of
26 the drug or device when it is administered to the patient, and the name of the
27 prescriber.
28 (9) "Drug outlet" means all pharmacies, nursing homes, residential care
29 homes or assisted living facilities, convalescent homes, extended care facili-
30 ties, drug abuse treatment centers, penal institutions, hospitals, family
31 planning clinics, retail stores, wholesalers, manufacturers and mail order
32 vendors with facilities located in this state which are engaged in dispensing,
33 delivery or distribution of drugs and drug manufacturers and wholesalers with
34 facilities located outside the state, but doing business within this state.
35 (10) "Prospective drug review" includes, but is not limited to, the fol-
36 lowing activities:
37 (a) Evaluation of the prescription or medication order for:
38 1. Known allergies;
39 2. Rational therapy contraindications;
40 3. Reasonable dose and route of administration; and
41 4. Reasonable directions for use.
42 (b) Evaluation of the prescription or medication order for duplication of
43 therapy.
44 (c) Evaluation of the prescription or medication order for interactions:
45 1. Drug-drug;
46 2. Drug-food; and
47 3. Drug-disease.
48 (d) Evaluation of the prescription or medication order for proper utili-
49 zation:
50 1. Over or under utilization; and
51 2. Abuse/misuse.
52 (11) "Extern" means a bona fide student enrolled in an approved college of
53 pharmacy who has not received his first professional degree in pharmacy.
54 (12) "Externship" means a structured practical experience program in phar-
55 macy, approved by the board and administered by a college of pharmacy.
62
1 (13) "Intern" means any person who has completed a course of study at an
2 approved college of pharmacy, received the first professional degree in phar-
3 macy and is registered with the board as an intern. Interns must register with
4 the board prior to commencement of an internship program.
5 (14) "Internship" means a postgraduate practical experience program under
6 the supervision of a licensed pharmacist registered as a preceptor.
7 (15) "Investigational or new drug" means any drug which is limited by
8 state or federal law to use under professional supervision of a practitioner
9 authorized by law to prescribe or administer such drug.
10 (16) "Labeling" means the process of preparing and affixing of a label to
11 any drug container, exclusive however, of the labeling by a manufacturer,
12 packer or distributor of a nonprescription drug or commercially packaged leg-
13 end drug or device. Any such label shall include all information required by
14 federal and state law or regulation.
15 (17) "Manufacture" means the production, preparation, propagation, com-
16 pounding, conversion or processing of a device or a drug, either directly or
17 indirectly by extraction from substances of natural origin or independently by
18 means of chemical synthesis or by a combination of extraction and chemical
19 synthesis and includes any packaging or repackaging of the substance or label-
20 ing or relabeling of its container, except that this term does not include the
21 preparation or compounding of a drug by an individual for his own use or the
22 preparation, compounding, packaging or labeling of a drug:
23 (a) By a pharmacist or practitioner as an incident to his administering
24 or dispensing of a drug in the course of his professional practice; or
25 (b) By a practitioner or by his authorization under his supervision for
26 the purpose of or as an incident to research, teaching or chemical analy-
27 sis and not for sale.
28 (18) "Manufacturer" means a person who by compounding, cultivating, har-
29 vesting, mixing or other process, produces or prepares legend drugs, and
30 includes persons who prepare such drugs in dosage forms by mixing, compound-
31 ing, encapsulating, entableting, or other process, or who packages or
32 repackages such drugs, but does not include pharmacists or practitioners in
33 the practice of their profession.
34 (19) "Precursor" means a substance, other than a legend drug which is an
35 immediate chemical intermediate that can be processed or synthesized into a
36 legend drug, and is used or produced primarily for use in the manufacture of a
37 legend drug by persons other than persons licensed to manufacture such legend
38 drugs by the Idaho board of pharmacy, registered by the state board of health
39 and welfare, or licensed to practice pharmacy by the Idaho board of pharmacy.
40 (20) "Person" means an individual, corporation, partnership, association
41 or any other legal entity.
42 (21) "Pharmaceutical care" means drug therapy and other pharmaceutical
43 patient care services intended to achieve outcomes related to the cure or pre-
44 vention of a disease, elimination or reduction of a patient's symptoms, or
45 arresting or slowing of a disease process as defined in the regulations rules
46 of the board.
47 (22) "Pharmacist" means an individual licensed by this state to engage in
48 the practice of pharmacy.
49 (23) "Pharmacy" means any facility, department or other place where pre-
50 scriptions are filled or compounded and are sold, dispensed, offered or dis-
51 played for sale, which has, as its principal purpose, the dispensing of drug
52 and health supplies intended for the general health, welfare and safety of the
53 public.
54 (24) "Practitioner" shall mean a physician, dentist, veterinarian, scien-
55 tific investigator or other person (other than a pharmacist) licensed in this
63
1 state and permitted by such license to dispense, conduct research with respect
2 to or administer drugs in the course of professional practice or research in
3 this state.
4 (25) "Preceptor" means a pharmacist licensed in the state and in good
5 standing, who supervises the internship training of a registered intern. The
6 preceptor must be registered as a preceptor and shall be actively engaged on a
7 full-time employment basis in the approved training area.
8 (26) "Prescription drug or legend drug" means a drug which, under federal
9 law is required, prior to being dispensed or delivered, to be labeled with
10 either one of the following statements:
11 (a) "Caution: Federal law prohibits dispensing without a prescription;";
12 or
13 (b) "Caution: Federal law restricts this drug to use by or on the order
14 of a licensed veterinarian;";
15 or a drug which is required by any applicable federal or state law or regula-
16 tion to be dispensed on prescription only or is restricted to use by practi-
17 tioners only.
18 (27) "Prescription drug order" means a lawful written or verbal order of a
19 practitioner for a drug.
20 (28) "Nonprescription drugs" means medicines or drugs which may be sold
21 without a prescription and which are prepackaged for use by the consumer and
22 labeled in accordance with the requirements of the statutes and regulations of
23 this state and the federal government.
24 (29) "Record" means all papers, letters, memoranda, notes, prescriptions,
25 drug orders, invoices, statements, patient medication charts or files, comput-
26 erized records or other written indicia, documents or objects which are used
27 in any way in connection with the purchase, sale or handling of any drug or
28 device.
29 (30) "Sale" means every sale and includes:
30 (a) Manufacturing, processing, transporting, handling, packaging or any
31 other production, preparation or repackaging;
32 (b) Exposure, offer, or any other proffer;
33 (c) Holding, storing or any other possession;
34 (d) Dispensing, giving, delivering or any other supplying; and
35 (e) Applying, administering or any other usage.
36 (31) "Warehouseman" means a person who stores legend drugs for others and
37 who has no control over the disposition of such drugs except for the purpose
38 of such storage.
39 (32) "Wholesaler" means a person engaged in the business of distributing
40 legend drugs that he himself has not produced or prepared, to persons included
41 in any of the classes named in subsection (2) (a) through (f) of section
42 54-1734, Idaho Code.
43 SECTION 133. That Section 54-4201, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 54-4201. SHORT TITLE. This chapter shall be known and may be cited as the
46 "Idaho Residential Care or Assisted Living Facility Administrators Act."
47 SECTION 134. That Section 54-4202, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 54-4202. DEFINITIONS. As used in this chapter:
50 (1) "Board" means the board of examiners of residential care or assisted
51 living facility administrators of the state of Idaho.
64
1 (2) "Examiner" means a member of the board of examiners of residential
2 care or assisted living facility administrators of the state of Idaho.
3 (3) "Executive secretary" means the secretary of the board of examiners
4 of residential care or assisted living facility administrators of the state of
5 Idaho.
6 (4) "Practice of residential care or assisted living facility administra-
7 tion" means that planning, organizing, directing, and control of the operation
8 of a residential care or assisted living facility.
9 (5) "Provisional license" means a temporary license issued to a provi-
10 sional residential care or assisted living facility administrator under and
11 pursuant to the provisions of this chapter.
12 (6) "Provisional residential care or assisted living facility administra-
13 tor" means an individual who has been licensed as such under and pursuant to
14 the provisions of this chapter.
15 (7) "Residential care or assisted living facility" means a facility or
16 residence, however named, operated on either a profit or nonprofit basis for
17 the purpose of providing necessary supervision, personal assistance, meals and
18 lodging to three (3) or more elderly, developmentally disabled, physically
19 disabled and/or mentally ill adults not related to the owner.
20 (8) "Residential care or assisted living facility administrator" means
21 any individual responsible for planning, organizing, directing, and control-
22 ling the operation of a residential care or assisted living facility, or who
23 in fact performs such functions, whether or not such functions are shared by
24 one (1) or more other persons.
25 SECTION 135. That Section 54-4203, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 54-4203. FACILITY SUPERVISION BY LICENSED ADMINISTRATOR REQUIRED -- PRAC-
28 TICE BY UNLICENSED PERSON PROHIBITED -- PROVISIONAL LICENSE. Effective July 1,
29 1991, no residential care or assisted living facility in the state shall be
30 operated unless it is under the supervision of an administrator who holds a
31 currently valid residential care or assisted living facility administrator's
32 license and registration, or provisional license, issued pursuant to this
33 chapter. No person shall practice or offer to practice residential care or
34 assisted living facility administration in this state or use any title, sign,
35 card, or device to indicate that he is a residential care or assisted living
36 facility administrator unless such person shall have been duly licensed and
37 registered as a residential care or assisted living facility administrator or
38 licensed as a provisional residential care or assisted living facility admin-
39 istrator as required by this chapter.
40 SECTION 136. That Section 54-4204, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 54-4204. BOARD OF EXAMINERS OF RESIDENTIAL CARE OR ASSISTED LIVING FACIL-
43 ITY ADMINISTRATORS. (1) There is hereby created in the department of self-gov-
44 erning agencies a board of examiners of residential care or assisted living
45 facility administrators, which board shall consist of five (5) members, and
46 composed of two (2) residential care or assisted living facility administra-
47 tors, duly licensed and registered under this chapter, and three (3) other
48 members as hereinafter described, except that such members of the initial
49 board shall be required only to possess the qualifications and be eligible for
50 licensure as required under this chapter, one (1) member shall be selected
51 from any other profession or agency or institution concerned with the care of
65
1 persons requiring assistance with the daily activities of living; one (1)
2 licensed nurse from the nursing profession; and one (1) member representative
3 of the public at large; but no more than two (2) of the members of the board
4 shall be officials or full-time employees of state or local governments. All
5 members of the board shall be citizens of the United States or shall have
6 declared their intent to become citizens of the United States and shall be
7 residents of this state.
8 (2) One (1) member of the initial board shall be appointed for a one (1)
9 year term of office, two (2) members of the initial board shall be appointed
10 for a two (2) year term of office, and two (2) members of the initial board
11 shall be appointed for a three (3) year term of office. Thereafter, the term
12 of office for each member of the board shall be three (3) years.
13 (3) (a) Appointments to the board shall be made by the governor after
14 consultation with the executive board of any organized and generally rec-
15 ognized group concerned with residential care or assisted living facility
16 administration. Each member of the board shall hold office until his suc-
17 cessor is duly appointed and qualified. Dismissals shall be by the gover-
18 nor, for reasonable cause.
19 (b) The two (2) residential care or assisted living facility administra-
20 tors must be appointed from a list of three (3) submitted by any organized
21 and generally recognized group concerned with residential care or assisted
22 living facility administration.
23 (c) Members of the board shall be compensated as provided in section
24 59-509(f), Idaho Code.
25 (4) The board shall elect annually from its membership a chairman and
26 vice chairman. The board shall hold two (2) or more meetings each year. A
27 majority of the board membership shall constitute a quorum.
28 (5) The board shall exercise its powers and perform its duties and func-
29 tions specified by this chapter.
30 (6) The board may appoint an executive secretary. He shall be the execu-
31 tive officer to the board but shall not be a member of the board. He shall
32 have such powers and shall perform such duties as are prescribed by law and
33 the rules and regulations of the board. A clerk and sufficient deputy clerks
34 to adequately assist the board and the executive secretary in the keeping of
35 the records and in the performance of their duties may be appointed by the
36 board. All employees of the board shall be appointed, and serve in accordance
37 with the provisions of law.
38 (7) The board may, by written agreement, authorize the bureau of occupa-
39 tional licenses, or other appropriate body as provided by law, as agent to act
40 in its interest.
41 SECTION 137. That Section 54-4205, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 54-4205. FUNCTIONS AND DUTIES OF THE BOARD -- FEE FOR LICENSE APPLICANTS
44 -- RULES. AND REGULATIONS. (1) It shall be the functions and duties of such
45 board to:
46 (a) Develop, impose and enforce standards consistent with this chapter
47 which shall be met by individuals in order to receive and retain a license
48 as a residential care or assisted living facility administrator which
49 standards shall be designed to ensure that residential care or assisted
50 living facility administrators will be individuals who are of good charac-
51 ter and are otherwise suitable, and who, by training or experience in the
52 field of institutional administration, are qualified to serve as residen-
53 tial care or assisted living facility administrators;
66
1 (b) Develop and apply appropriate techniques, including examinations and
2 investigations, for determining whether an individual meets such stan-
3 dards;
4 (c) Issue licenses and registrations to individuals determined, after
5 application of such techniques, to meet such standards, and revoke or sus-
6 pend licenses and registrations previously issued by the board in any case
7 where the individual holding any such license or registration is deter-
8 mined substantially to have failed to conform to the requirements of such
9 standards;
10 (d) Establish and carry out procedures designed to ensure that individu-
11 als licensed as residential care or assisted living facility administra-
12 tors will, during any period that they serve as such, comply with the
13 requirements of such standards;
14 (e) Receive, investigate, and take appropriate action with respect to any
15 charge or complaint filed with the board charging that any individual
16 licensed as a residential care or assisted living facility administrator
17 has failed to comply with the requirements of such standards;
18 (f) Conduct a continuing study and investigation of administrators of
19 residential care or assisted living facilities within the state with a
20 view to the improvement of the standards imposed for the licensing of such
21 administrators and of procedures and methods for the enforcement of such
22 standards with respect to administrators of residential care or assisted
23 living facilities who have been licensed as such;
24 (g) The board shall establish by rule a fee schedule not to exceed one
25 hundred dollars ($100) each for applications for licenses, provisional
26 licenses, annual recertification of registration and applications for a
27 reciprocal endorsement of a license issued by the proper authorities in
28 another state.
29 (2) The board or any committee or member thereof or any hearing officer
30 designated by such board, acting in an official capacity, shall have powers
31 and duties as provided by law. Such board shall not be bound by the strict
32 rules of evidence in the conduct of its proceedings but any determinations
33 made shall be founded upon sufficient legal evidence to sustain them.
34 (3) The board shall also have the authority to make rules not inconsis-
35 tent with law as may be necessary for the proper performance of its duties.
36 SECTION 138. That Section 54-4206, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 54-4206. QUALIFICATIONS FOR EXAMINATION FOR LICENSE. (1) The board shall
39 admit to the examination for licensure as a residential care or assisted liv-
40 ing facility administrator any candidate who pays a fee as determined by the
41 board, and submits evidence of good moral character and suitability prescribed
42 by the board, is at least twenty-one (21) years old except:
43 (a) That on and after July 1, 1991, no applicant for a license as a resi-
44 dential care or assisted living facility administrator shall be admitted
45 to such licensing examination nor shall such applicant be entitled to or
46 be granted a license as a residential care or assisted living facility
47 administrator unless such applicant shall submit written evidence, on
48 forms provided for such purpose by the board, that he has successfully
49 completed a course of study and has been graduated from a high school
50 approved and recognized by the educational authorities of the state in
51 which such school is located, or a political division thereof or has sub-
52 mitted a certificate indicating that he has obtained high school or sec-
53 ondary school equivalency, such certificate being duly certified by a
67
1 state educational authority or a political division thereof, and except
2 that he shall have complied with the provisions of subsection (2) of this
3 section.
4 (b) On or after July 1, 1991, each applicant who has not completed a reg-
5 ular course of study or program which course of study or program shall
6 have been approved by the board as being adequate academic preparation for
7 residential care or assisted living facility administration, shall submit
8 evidence satisfactory to the board that he has successfully completed spe-
9 cialized courses or a program of study in the area of residential care or
10 assisted living facility administration as required and approved by the
11 rules of the board.
12 (2) A candidate who applies for examination under and pursuant to subsec-
13 tion (1) of this section, in lieu of the educational requirements provided for
14 therein, may submit evidence satisfactory to the board that such applicant has
15 obtained two (2) years of satisfactory practical experience in residential
16 care or assisted living facility administration or in a related health admin-
17 istration area for each year of high school education.
18 SECTION 139. That Section 54-4207, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 54-4207. SUBJECT MATTER OF EXAMINATION -- FREQUENCY. (1) The board shall
21 determine the subjects of examination for applicants for licensure as residen-
22 tial care or assisted living facility administrators and the scope, content,
23 and format of such examinations which in any examination shall be the same for
24 all candidates; except that such examination shall include examination of the
25 applicant to demonstrate his proficiency in the practice of, and knowledge of,
26 applicable rules of health and safety within the state.
27 (2) Examinations shall be held at least semiannually at such times and
28 places as the board shall designate.
29 SECTION 140. That Section 54-4208, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 54-4208. ISSUANCE OF LICENSE -- EXEMPTION -- EDUCATIONAL PROGRAMS. (1) An
32 applicant for a license as a residential care or assisted living facility
33 administrator who has successfully complied with the requirements of section
34 54-4206, Idaho Code, and the standards provided for therein, has passed the
35 examination provided for in section 54-4207, Idaho Code, and, where applica-
36 ble, has complied with the requirements of section 54-4211, Idaho Code, shall
37 be issued a license, on a form provided for that purpose by the board, certi-
38 fying that such applicant has met the requirements of the laws and rules enti-
39 tling him to serve, act, practice, and otherwise hold himself out as a duly
40 licensed residential care or assisted living facility administrator.
41 (2) (a) The board shall issue a provisional license to any individual
42 applying therefor who has served as a residential care or assisted living
43 facility administrator for all of the calendar year immediately preceding
44 July 1, 1991, meets the standards of the board and of this chapter relat-
45 ing to good character, suitability, age, and citizenship, and has paid the
46 fee as set by the board. No license shall be issued under the provisions
47 of this section prior to July 1, 1991.
48 (b) Such provisional license shall terminate two (2) years from date of
49 issuance but shall be subject to the payment of the annual fee, and shall
50 be canceled and be of no legal force or effect except that if, prior to
51 the expiration of such provisional license, such provisional residential
68
1 care or assisted living facility administrator shall have passed a quali-
2 fying examination and otherwise complied with the provisions of section
3 54-4206, Idaho Code, as required by the board, a residential care or
4 assisted living facility administrator license shall be issued to him.
5 (3) Any license issued by the board under or pursuant to the provisions
6 of this section shall be under the hand and seal of the chairman and executive
7 secretary of the board.
8 (4) If the board finds that programs of training and instruction con-
9 ducted within the state are not sufficient in number or content to enable
10 applicants for residential care or assisted living facility administrators'
11 licenses and residential care or assisted living facility administrators to
12 meet requirements established pursuant to this chapter, it shall institute and
13 conduct or arrange with others to conduct one (1) or more such programs, and
14 shall make provision for their accessibility to appropriate residents of this
15 state. The board may approve programs conducted within and without this state
16 as sufficient to meet education and training requirements established pursuant
17 to this chapter.
18 SECTION 141. That Section 54-4209, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 54-4209. CERTIFICATE OF REGISTRATION -- ATTENDANCE AT CONTINUING EDUCA-
21 TION PROGRAM -- REVOCATION OR SUSPENSION -- RENEWAL OF LAPSED REGISTRATIONS --
22 REGISTER OF APPLICATIONS. (1) Every individual who holds a valid license as a
23 residential care or assisted living facility administrator issued by the board
24 under section 54-4208(1), Idaho Code, shall immediately upon issuance thereof
25 be deemed registered with the board and be issued a certificate of registra-
26 tion. Thereafter, such individual shall annually be required to apply to the
27 board for a recertification of registration and report any facts requested by
28 the board on forms provided for such purpose.
29 (2) Upon making an application for a recertification of registration,
30 such individual shall pay an annual registration fee, and at the same time
31 shall submit evidence satisfactory to the board that during the twelve (12)
32 month period immediately preceding such application for recertification of
33 registration he has successfully attended a continuing education program or
34 course of study as may be provided in the rules of the board.
35 (3) Upon receipt of such application for recertification of registration,
36 the registration fee, and the evidence required with respect to continuing
37 education, the board shall issue a recertification of registration to such
38 residential care or assisted living facility administrator.
39 (4) The license of a residential care or assisted living facility admin-
40 istrator who fails to comply with the provisions of this section, and who con-
41 tinues to act as a residential care or assisted living facility administrator,
42 shall be suspended or revoked by the board, in accordance with the provisions
43 of this chapter.
44 (5) A residential care or assisted living facility administrator who has
45 been duly licensed and registered in this state and whose license shall not
46 have been revoked or suspended, and whose registration has expired for a
47 period of not longer than five (5) years, may reregister within the state upon
48 complying with the provisions of this section for recertification of registra-
49 tion and also filing with the board an affidavit in accordance with the rules
50 of the board, and payment of a twenty-five dollar ($25.00) reinstatement fee
51 together with fees for back years.
52 (6) A residential care or assisted living facility administrator whose
53 license has been expired for five (5) or more years, must reapply for licen-
69
1 sure under the provisions of section 54-4206, Idaho Code.
2 (7) The board shall maintain a register of all applications for licensing
3 and registration of residential care or assisted living facility administra-
4 tors, which register shall show: The place of residence, name and address of
5 each applicant, the name and address of employer or business connection of
6 each applicant, the date of application, complete information of educational
7 and experiential qualifications, the action taken by the board, the serial
8 number of the license and of registration certificates issued to the appli-
9 cant, the date on which the board reviewed and acted upon the application, and
10 such other pertinent information as the board may deem necessary.
11 SECTION 142. That Section 54-4210, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 54-4210. INTERSTATE RECIPROCAL ENDORSEMENT OF LICENSES. The board, in its
14 discretion, and otherwise subject to the provisions of this chapter, and the
15 rules of the board promulgated thereunder prescribing the qualifications for a
16 residential care or assisted living facility administrator license, may
17 endorse a residential care or assisted living facility administrator license
18 issued by the proper authorities of any other state upon payment of a fee and
19 upon submission of evidence satisfactory to the board that such other state
20 maintained a system and standard of qualifications and examinations for a res-
21 idential care or assisted living facility administrator license which were
22 substantially equivalent to those required in this state at the time such
23 other license was issued by such other state.
24 SECTION 143. That Section 54-4211, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 54-4211. TEMPORARY PERMITS -- EXCEPTIONS. (1) Pending issuance of a
27 license, the board may issue a temporary permit for a period not exceeding six
28 (6) months, without an examination to an applicant who files a written appli-
29 cation for a temporary permit and who is otherwise qualified but does not meet
30 the experience requirements or who is applying to fill a vacancy on an emer-
31 gency basis.
32 (2) Any individual who holds a valid Idaho nursing home administrator's
33 license and is in good standing according to the provisions of chapter 16,
34 title 54, Idaho Code, shall be deemed to meet the requirements for issuance of
35 a residential care or assisted living facility administrator's license and
36 shall be issued one, upon application and payment of appropriate fees.
37 SECTION 144. That Section 54-4212, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 54-4212. MISDEMEANORS LISTED -- PENALTIES. (1) It shall be a misdemeanor
40 for any person to:
41 (a) Sell or fraudulently obtain or furnish any license or aid or abet
42 therein; or
43 (b) Practice as a residential care or assisted living facility adminis-
44 trator under cover of any license or registration illegally or fraudu-
45 lently obtained or unlawfully issued; or
46 (c) Practice as a residential care or assisted living facility adminis-
47 trator or use in connection with his or her name any designation tending
48 to imply that he or she is a residential care or assisted living facility
49 administrator unless duly licensed and registered to so practice under the
70
1 provisions of this chapter; or
2 (d) Practice as a residential care or assisted living facility adminis-
3 trator during the time his or her license or registration issued under the
4 provisions of this chapter shall be suspended or revoked; or
5 (e) Otherwise violate any of the provisions of this chapter.
6 (2) Such misdemeanor shall be punishable by a fine of not more than five
7 hundred dollars ($500) or by imprisonment in the county jail for not more than
8 ninety (90) days, or by both such fine and imprisonment.
9 SECTION 145. That Section 54-4213, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-4213. REVOCATION OR SUSPENSION OF LICENSE OR REGISTRATION, REPRIMAND,
12 CENSURE, OR OTHER DISCIPLINE. (1) The license or registration of any person
13 practicing or offering to practice residential care or assisted living facil-
14 ity administration, or the license of a provisional residential care or
15 assisted living facility administrator, may be revoked or suspended, or such
16 licensee may be reprimanded, censured, or otherwise disciplined in accordance
17 with the provisions of this section upon decision and after due hearing in any
18 of the following cases:
19 (a) Upon proof that such licensee is reasonably unfit to operate a resi-
20 dential care or assisted living facility;
21 (b) Upon proof that such licensee has willfully or repeatedly violated
22 any of the provisions of this chapter or the rules enacted in accordance
23 with, or willfully or repeatedly acted in a manner inconsistent with the
24 health and safety of the patients of the home in which he is the adminis-
25 trator;
26 (c) Upon proof that such licensee is guilty of fraud or deceit in the
27 practice of residential care or assisted living facility administration or
28 related activities, or in his or her admission to such practice.
29 (2) The board, or a hearing officer designated by it, shall have juris-
30 diction to hear all charges brought under the provisions of this section
31 against persons licensed and registered as residential care or assisted living
32 facility administrators, or licensed as provisional residential care or
33 assisted living facility administrators, and upon such hearings shall deter-
34 mine such charges upon their merits. If the board determines that such person
35 is guilty of the charges, the board may revoke his or her license and regis-
36 tration, suspend him or her from practice or reprimand, censure, or otherwise
37 discipline such licensee.
38 (3) Proceedings under this section shall be initiated by filing with the
39 board, charges in writing and under oath. The board on its own motion may con-
40 duct an investigation and initiate charges. The procedures for notification
41 and the hearing on such charges, unless dismissed by the board as unfounded or
42 trivial, shall be conducted pursuant to the provisions of chapter 52, title
43 67, Idaho Code.
44 SECTION 146. That Section 56-101, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 56-101. DEFINITIONS. Unless the context clearly requires otherwise, the
47 definitions in this section apply throughout this chapter and shall have the
48 following meanings:
49 (1) "Appraisal" means the method of determining the value of the property
50 as determined by an appraisal conducted by a member of the appraisal institute
51 (MAI), or successor organization. The appraisal must specifically identify the
71
1 values of land, building, equipment, and goodwill.
2 (2) "Assets" means economic resources of the contractor, recognized and
3 measured in conformity with generally accepted accounting principles.
4 (3) "Bed-weighted median" is determined by arraying the average per diem
5 cost per bed of all facilities from high to low and identifying the bed at the
6 point in the array at which half of the beds have equal or higher per diem
7 costs and half have equal or lower per diem costs. The identified bed is the
8 median bed. The per diem cost of the median bed is the bed-weighted median.
9 (4) "Case mix index" is a numeric score assigned to each facility resi-
10 dent, based on the resident's physical and mental condition, which projects
11 the amount of relative resources needed to provide care to the resident.
12 (5) "Depreciation" means the systematic distribution of the cost or other
13 basis of tangible assets, less salvage, over the estimated useful life of the
14 assets.
15 (6) "Direct care costs" consists of the following costs directly assigned
16 to the nursing facility or allocated to the nursing facility through medicare
17 cost finding principles:
18 (a) Direct nursing salaries which include the salaries of registered
19 nurses, licensed professional nurses, certificated nurse's aides, and unit
20 clerks; and
21 (b) Routine nursing supplies; and
22 (c) Nursing administration; and
23 (d) Direct portion of medicaid related ancillary services; and
24 (e) Social services; and
25 (f) Raw food; and
26 (g) Employee benefits associated with the direct salaries.
27 (7) "Director" means the director of the department of health and welfare
28 or the director's designee.
29 (8) "Equity" means the new book value of all tangible and intangible
30 assets less the recorded value of all liabilities, as recognized and measured
31 in conformity with generally accepted accounting principles.
32 (9) "Facility" means an entity which contracts with the director to pro-
33 vide services to recipients in a structure owned, controlled, or otherwise
34 operated by such entity, and which entity is responsible for operational deci-
35 sions. In conjunction with the use of the term "facility":
36 (a) "Free-standing intermediate care" means an intermediate care facil-
37 ity, as defined in and licensed under chapter 13, title 39, Idaho Code,
38 which is not owned, managed, or operated by, nor is otherwise a part of a
39 hospital, as defined in section 39-1301(a), Idaho Code; and
40 (b) "Free-standing skilled care" means a skilled nursing facility, as
41 defined in and licensed under chapter 13, title 39, Idaho Code, which is
42 not owned, managed, or operated by, nor is otherwise a part of a hospital,
43 as defined in section 39-1301(a), Idaho Code; and
44 (c) "Free-standing special care" means a facility that provides either
45 intermediate care, or skilled care, or intermediate care for the mentally
46 retarded, or any combination of either, which is not owned, managed, or
47 operated by, nor is otherwise a part of a hospital, as defined in section
48 39-1301(a), Idaho Code; and
49 (d) "Hospital-based" means a skilled nursing or intermediate care facil-
50 ity, as defined in and licensed under chapter 13, title 39, Idaho Code,
51 which is owned, managed, or operated by, or is otherwise a part of a hos-
52 pital, as defined in section 39-1301(a), Idaho Code.
53 (10) "Forced sale" is a sale required by a bankruptcy, foreclosure, the
54 provisions of a will or estate settlement pursuant to the death of an owner,
55 physical or mental incapacity of an owner which requires ownership transfer to
72
1 existing partner or partners, or a sale required by the ruling of a federal
2 agency or by a court order.
3 (11) "Goodwill" means the amount paid by the purchaser that exceeds the
4 net tangible assets received. The value of goodwill is derived from the eco-
5 nomic benefits that a going concern may enjoy, as compared with a new one,
6 from established relations in the related markets, with government departments
7 and other noncommercial bodies and with personal relationships. These intangi-
8 ble assets cannot be separated from the business and sold as can plant and
9 equipment. Under the theory that the excess payment would be made only if
10 expected future earnings justified it, goodwill is often described as the
11 price paid for excess future earnings. The amortization of goodwill is
12 nonallowable, nonreimbursable expense.
13 (12) "Historical cost" means the actual cost incurred in acquiring and
14 preparing an asset for use, including feasibility studies, architect's fees,
15 and engineering studies.
16 (13) "Indirect care costs" consists of the following costs either directly
17 coded to the nursing facility or allocated to the nursing facility through the
18 medicare step-down process:
19 (a) Administrative and general care cost; and
20 (b) Activities; and
21 (c) Central services and supplies; and
22 (d) Laundry and linen; and
23 (e) Dietary (non-"raw "non-raw food" costs); and
24 (f) Plant operation and maintenance (excluding utilities); and
25 (g) Medical records; and
26 (h) Employee benefits associated with the indirect salaries; and
27 (i) Housekeeping; and
28 (j) Other costs not included in direct care costs or costs exempt from
29 cost limits.
30 (14) "Interest rate limitation" means that the interest rate allowed for
31 working capital loans and for loans for major movable equipment for intermedi-
32 ate care facilities for the mentally retarded shall be the prime rate as pub-
33 lished in the western edition of the Wall Street Journal or successor publica-
34 tion, plus one percent (1%) at the date the loan is made. All interest expense
35 greater than the amount derived by using the limitation above shall be
36 nonreimbursable; provided, however, that this interest rate limitation shall
37 not be imposed against loans or leases which were made prior to July 1, 1984.
38 Said loans or leases shall be subject to the tests of reasonableness, rela-
39 tionship to patient care and necessity.
40 (15) "Intermediate care facility for the mentally retarded" means an
41 habilitative facility designed and operated to meet the educational, training,
42 habilitative and intermittent medical needs of the developmentally disabled.
43 (16) "Major movable equipment" means such items as accounting machines,
44 beds, wheelchairs, desks, furniture, vehicles, etc. The general characteris-
45 tics of this equipment are:
46 (a) A relatively fixed location in the building;
47 (b) Capable of being moved, as distinguished from building equipment;
48 (c) A unit cost sufficient to justify ledger control;
49 (d) Sufficient size and identity to make control feasible by means of
50 identification tags; and
51 (e) A minimum life of approximately three (3) years.
52 (17) "Medicaid" means the 1965 amendments to the social security act (P.L.
53 89-97), as amended.
54 (18) "Minor movable equipment" includes such items as wastebaskets,
55 bedpans, syringes, catheters, silverware, mops, buckets, etc. The general
73
1 characteristics of this equipment are:
2 (a) In general, no fixed location and subject to use by various depart-
3 ments of the provider's facility;
4 (b) Comparatively small in size and unit cost;
5 (c) Subject to inventory control;
6 (d) Fairly large quantity in use; and
7 (e) Generally, a useful life of approximately three (3) years or less.
8 (19) "Net book value" means the historical cost of an asset, less accumu-
9 lated depreciation.
10 (20) "Normalized per diem costs" refers to direct care costs that have
11 been adjusted based on the facility's case mix index for purposes of making
12 the per diem costs comparable among facilities. Normalized per diem costs are
13 calculated by dividing the facility's direct care per diem costs by its
14 facility-wide case mix index, and multiplying the result by the statewide
15 average case mix index.
16 (21) "Nursing facility inflation rate" means the most specific skilled
17 nursing facility inflation rate applicable to Idaho established by data
18 resources, inc., or its successor. If a state or regional index has not been
19 implemented, the national index shall be used.
20 (22) "Patient-day" means a calendar day of care which will include the day
21 of admission and exclude the day of discharge unless discharge occurs after
22 3:00 p.m. or it is the date of death, except that, when admission and dis-
23 charge occur on the same day, one (1) day of care shall be deemed to exist.
24 (23) "Property costs" means the total of allowable interest expense, plus
25 depreciation, property insurance, real estate taxes, amortization, and allow-
26 able lease/rental expense. The department may require and utilize an appraisal
27 to establish those components of property costs which are identified as an
28 integral part of an appraisal.
29 (24) "Raw food" means food used to meet the nutritional needs of the resi-
30 dents of a facility, including liquid dietary supplements, liquid thickeners,
31 and tube feeding solutions.
32 (25) "Reasonable property insurance" means that the consideration given is
33 an amount that would ordinarily be paid by a cost-conscious buyer for compara-
34 ble insurance in an arm's length transaction. Property insurance per licensed
35 bed in excess of two (2) standard deviations above the mean of the most
36 recently reported property insurance costs per licensed bed of all facilities
37 in the reimbursement class as of the end of a facility's fiscal year shall not
38 be considered reasonable.
39 (26) "Recipient" means an individual determined eligible by the director
40 for the services provided in the state plan for medicaid.
41 (27) "Rural hospital-based nursing facilities" are those hospital-based
42 nursing facilities not located within a metropolitan statistical area (MSA) as
43 defined by the United States bureau of the census.
44 (28) "Urban hospital-based nursing facilities" are those hospital-based
45 nursing facilities located within a metropolitan statistical area (MSA) as
46 defined by the United States bureau of the census.
47 (29) "Utilities" means all expenses for heat, electricity, water and
48 sewer.
49 SECTION 147. That Section 56-120, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 56-120. PROPERTY REIMBURSEMENT FOR HOSPITAL-BASED SKILLED NURSING FACILI-
52 TIES. In addition to the basic payment per patient-day of care, each hospital-
53 based skilled care nursing facility shall be paid on a prospective basis its
74
1 actual property and utility costs per patient-day, to be determined by divid-
2 ing its total projected property and utility costs, as calculated from the
3 cost report selected for rate setting, by the total number of patient-days
4 from the same cost reporting period.
5 SECTION 148. That Section 56-201, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 56-201. DEFINITIONS. As used in this act:
8 (a) "State department" means the state department of health and welfare;
9 (b) "Director" means the director of the department of health and wel-
10 fare;
11 (c) "Public welfare" means public assistance and social services;
12 (d) "Social services" means activities of the department in efforts to
13 bring about economic, social and vocational adjustment of families and per-
14 sons;
15 (e) "Public assistance" includes general assistance, old-age assistance,
16 aid to the blind, assistance to families with children, aid to the disabled,
17 and medical assistance;
18 (f) "General assistance" means direct assistance in cash, direct assis-
19 tance in kind, and supplementary assistance;
20 (g) "Direct assistance in cash" means money payments to eligible people
21 not classified as old-age assistance, or aid to the blind, or assistance to
22 families with children, or aid to the disabled, or medical assistance;
23 (h) "Direct assistance in kind" means payments to others on behalf of a
24 person or family for food, rent, clothing, and other normal subsistence needs;
25 (i) "Supplementary assistance" means payments to others in on behalf of a
26 person or family for transportation and costs incidental to vocational adjust-
27 ment or employment;
28 (j) "Old-age assistance" means money payments to or in on behalf of needy
29 aged people;
30 (k) "Aid to the blind" means money payments to or in on behalf of blind
31 people who are needy;
32 (l) "Assistance to families with children" means money payments, direct
33 assistance in kind, supplementary assistance, and social services targeted
34 toward self-sufficiency with respect to or in on behalf of eligible families
35 with children;
36 (m) "Aged" means any person sixty-five (65) years or older;
37 (n) "Aid to the disabled" means money payments to or in on behalf of
38 needy individuals who are disabled, and whose disability prevents self-support
39 through employment for a period of at least one (1) year from the date of
40 onset of the disability;
41 (o) "Medical assistance" means payments for part or all of the cost of
42 such care and services allowable within the scope of title XIX of the federal
43 social security act as amended as may be designated by department rule;
44 (p) "Provider" means any individual, partnership, association, corpora-
45 tion or organization, public or private, who provides residential care or
46 assisted living services, certified family home services, nursing home facil-
47 ity services, services offered pursuant to the medicaid program, or services
48 offered pursuant to titles IV or XX of the social security act;
49 (q) "Needy" means the condition where a person or family does not have
50 income and available resources in accordance with the provisions of section
51 56-210, Idaho Code.
52 SECTION 149. That Section 63-701, Idaho Code, be, and the same is hereby
75
1 amended to read as follows:
2 63-701. DEFINITIONS. As used in this chapter:
3 (1) "Claimant" means a person who has filed a claim under the provisions
4 of sections 63-701 through 63-710, Idaho Code. Except as provided in section
5 63-702(2), Idaho Code, on January 1 of the year in which the claim was filed a
6 claimant must be an owner of a homestead and be:
7 (a) Not less than sixty-five (65) years old; or
8 (b) A fatherless or motherless child under the age of eighteen (18) years
9 of age; or
10 (c) A widow or widower; or
11 (d) A disabled person who is recognized as disabled by the social secu-
12 rity administration pursuant to title 42 of the United States Code, or by
13 the railroad retirement board pursuant to title 45 of the United States
14 Code, or by the office of management and budget pursuant to title 5 of the
15 United States Code; or
16 (e) A disabled veteran of any war engaged in by the United States, whose
17 disability is recognized as a service-connected disability of a degree of
18 ten percent (10%) or more, or who has a pension for nonservice-connected
19 disabilities, in accordance with laws and regulations administered by the
20 United States veterans administration; or
21 (f) A person as specified in 42 USC 1701, who was or is entitled to
22 receive benefits because he is known to have been taken by a hostile force
23 as a prisoner, hostage or otherwise; or
24 (g) Blind.
25 (2) "Homestead" means the dwelling, owner-occupied by the claimant and
26 used as the primary dwelling place of the claimant and occupied by any members
27 of the household as their home, and so much of the land surrounding it, not
28 exceeding one (1) acre, as is reasonably necessary for the use of the dwelling
29 as a home. It may consist of a part of a multidwelling or multipurpose build-
30 ing and part of the land upon which it is built. Homestead does not include
31 personal property such as furniture, furnishings or appliances, but a manufac-
32 tured home may be a homestead.
33 (3) "Household" means the claimant and any person or persons who live in
34 the same dwelling, and share its furnishings, facilities, accommodations or
35 expenses. The term includes any person owing a duty of support to the appli-
36 cant pursuant to section 32-1002, Idaho Code, unless the person qualifies as a
37 "nonhousehold member" pursuant to subsection (6) of this section. The term
38 does not include bona fide lessees, tenants, or roomers and boarders on con-
39 tract. "Household" includes persons described in subsection (9)(b) of this
40 section.
41 (4) "Household income" means all income received by all persons of a
42 household in a calendar year while members of the household.
43 (5) "Income" means the sum of federal adjusted gross income as defined in
44 the internal revenue code, as defined in section 63-3004, Idaho Code, and to
45 the extent not already included in federal adjusted gross income, alimony,
46 support money, income from inheritances, nontaxable strike benefits, the non-
47 taxable amount of any individual retirement account, pension or annuity,
48 (including railroad retirement benefits, all payments received under the fed-
49 eral social security act, state unemployment insurance laws, and veterans dis-
50 ability pensions and compensation, excluding rollovers as provided in section
51 402 or 403 of the internal revenue code), nontaxable interest received from
52 the federal government or any of its instrumentalities or a state government
53 or any of its instrumentalities, worker's compensation and the gross amount of
54 loss of earnings insurance. It does not include capital gains, gifts from non-
76
1 governmental sources or inheritances. To the extent not reimbursed, cost of
2 medical care as defined in section 213(d) of the internal revenue code, incur-
3 red by the household may be deducted from income. "Income" does not include
4 veterans disability pensions received by a person described in subsection
5 (1)(e) who is a claimant or a claimant's spouse, provided however, that the
6 disability pension is received pursuant to a service-connected disability of a
7 degree of forty percent (40%) or more. Documentation of medical expenses may
8 be required by the county assessor, board of equalization and state tax com-
9 mission. "Income" shall be that received in the calendar year immediately pre-
10 ceding the year in which a claim is filed. Where a claimant does not file a
11 federal tax return the claimant's federal adjusted gross income, for purposes
12 of this section, shall be an income equivalent to federal adjusted gross
13 income had the claimant filed a federal tax return.
14 (6) "Nonhousehold member" means any nonspouse who lives in the claimant's
15 dwelling for the purpose of providing protective oversight, caregiving, or
16 personal care assistance services to the claimant, or who is receiving dis-
17 ability benefits pursuant to subsection (1)(d) or (e) of this section, or who
18 is over age sixty-five (65) and lives in the claimant's dwelling and receives
19 protective oversight, caregiving or personal care assistance services provided
20 by the claimant.
21 (7) "Occupied" means actual use and possession.
22 (8) "Owner" means a person holding title in fee simple or holding a cer-
23 tificate of motor vehicle title (either of which may be subject to mortgage,
24 deed of trust or other lien) or who has retained or been granted a life estate
25 or who is a person entitled to file a claim under section 63-702, Idaho Code.
26 "Owner" shall also include any person who as grantor created a revocable or
27 irrevocable trust and named himself as beneficiary of that trust, or who is a
28 partner of a limited partnership, member of a limited liability company or
29 shareholder of a corporation which holds title in fee simple or holds a cer-
30 tificate of motor vehicle title and who has retained or been granted a life
31 estate. "Owner" shall not include any person that otherwise occupies property
32 as beneficiary of a trust. "Owner" includes a vendee in possession under a
33 land sale contract. Any partial ownership shall be considered ownership for
34 determining qualification for property tax reduction benefits, however, the
35 amount of property tax reduction under section 63-704, Idaho Code, and rules
36 promulgated pursuant to section 63-705, Idaho Code, shall be computed on the
37 value of the claimant's partial ownership. "Partial ownership," for the pur-
38 poses of this section, means any one (1) person's ownership when property is
39 owned by more than one (1) person. The combined community property interests
40 of both spouses shall not be considered partial ownership. The proportional
41 reduction required under this subsection shall not apply to community property
42 interests. Where title to property is held by a person who has died without
43 timely filing a claim for property tax reduction, the estate shall be the
44 "owner."
45 (9) (a) "Primary dwelling place" means the claimant's dwelling place on
46 January 1 of the year for which the claim is made. The primary dwelling
47 place is the single place where a claimant has his true, fixed and perma-
48 nent home and principal establishment, and to which whenever the individ-
49 ual is absent he has the intention of returning. A claimant must establish
50 the dwelling to which the claim relates as his primary dwelling place by
51 clear and convincing evidence or by establishing that the dwelling is
52 where the claimant resided on January 1 and:
53 (i) At least six (6) months during the prior year; or
54 (ii) The majority of the time the claimant owned the dwelling if
55 owned by the claimant less than one (1) year; or
77
1 (iii) The majority of the time after the claimant first occupied the
2 dwelling if occupied by the claimant less than one (1) year.
3 (b) Notwithstanding the provisions of paragraph (a) of this subsection,
4 the property upon which the claimant makes application shall be deemed to
5 be the claimant's primary dwelling place if the claimant is otherwise
6 qualified and resides in a care facility and does not allow the property
7 upon which the claimant has made application to be occupied by persons
8 paying a consideration to occupy the dwelling. A claimant's spouse who
9 resides in a care facility shall be deemed to reside at the claimant's
10 primary dwelling place and to be a part of the claimant's household. A
11 care facility is a hospital, skilled nursing facility, intermediate care
12 facility or intermediate care facility for the mentally retarded as
13 defined in section 39-1301, Idaho Code, or a facility as defined in sec-
14 tion 39-3302(16), Idaho Code, or a dwelling other than the one (1) upon
15 which the applicant makes application where a claimant who is unable to
16 reside in the dwelling upon which the application is made lives and
17 receives help in daily living, protection and security.
18 SECTION 150. That Section 63-3022K, Idaho Code, be, and the same is
19 hereby amended to read as follows:
20 63-3022K. MEDICAL SAVINGS ACCOUNT. (1) For taxable years commencing on
21 and after January 1, 1995, annual contributions to a medical savings account
22 not exceeding two thousand dollars ($2,000) for the account holder and inter-
23 est earned on a medical savings account shall be deducted from taxable income
24 by the account holder, if such amount has not been previously deducted or
25 excluded in arriving at taxable income. For married individuals the maximum
26 deduction shall be computed separately for each individual. Contributions to
27 the account shall not exceed the amount deductible under this section.
28 (2) For the purpose of this section, the following terms have the follow-
29 ing meanings unless the context clearly denotes otherwise:
30 (a) "Account holder" means an individual, in the case of married individ-
31 uals each spouse, including a self-employed person, on whose behalf the
32 medical savings account is established.
33 (b) "Dependent" means a person for whom a deduction is permitted under
34 section 151(b) or (c) of the Internal Revenue Code if a deduction for the
35 person is claimed for that person on the account holder's Idaho income tax
36 return.
37 (c) "Dependent child" means a child or grandchild of the account holder
38 who is not a dependent if the account holder actually pays the eligible
39 medical expenses of the child or grandchild and the child or grandchild is
40 any of the following:
41 (i) Under nineteen (19) years of age, or enrolled as a full-time
42 student at an accredited college or university.
43 (ii) Legally entitled to the provision of proper or necessary sub-
44 sistence, education, medical care or other care necessary for his or
45 her health, guidance or well-being and not otherwise emancipated,
46 self-supporting, married or a member of the armed forces of the
47 United States.
48 (iii) Mentally or physically incapacitated to the extent that he or
49 she is not self-sufficient.
50 (d) "Depository" means a state or national bank, savings and loan associ-
51 ation, credit union or trust company authorized to act as a fiduciary or
52 an insurance administrator or insurance company authorized to do business
53 in this state, a broker or investment advisor regulated by the department
78
1 of finance, a broker or insurance agent regulated by the department of
2 insurance or a health maintenance organization, fraternal benefit society,
3 hospital and professional service corporation as defined in section
4 41-3403, Idaho Code, or nonprofit mutual insurer regulated under title 41,
5 Idaho Code.
6 (e) "Eligible medical expense" means an expense paid by the taxpayer for
7 medical care described in section 213(d) of the Internal Revenue Code,
8 medical insurance premiums, dental and long-term care expenses of the
9 account holder and the spouse, dependents and dependent children of the
10 account holder.
11 (f) "Long-term care expenses" means expenses incurred in providing custo-
12 dial care in a skilled nursing facility or intermediate care facility as
13 those terms are defined in section 39-1301, Idaho Code, and for insurance
14 premiums relating to long-term care insurance under chapter 46, title 41,
15 Idaho Code.
16 (g) "Medical savings account" means an account established with a deposi-
17 tory to pay the eligible medical expenses of the account holder and the
18 dependents and dependent children of the account holder. Medical savings
19 accounts shall carry the name of the account holder, a designated benefi-
20 ciary or beneficiaries of the account holder and shall be designated by
21 the depository as a "medical savings account."
22 (3) Upon agreement between an employer and employee, an employer may
23 establish and contribute to the employee's medical savings account or contrib-
24 ute to an employee's existing medical savings account. The total combined
25 annual contributions by an employer and the account holder shall not exceed
26 two thousand dollars ($2,000) for the account holder. Employer contributions
27 to an employee's medical savings account shall be owned by the employee.
28 (4) Funds held in a medical savings account may be withdrawn by the
29 account holder at any time. Withdrawals for the purpose of paying eligible
30 medical expenses shall not be subject to the tax imposed in this chapter. The
31 burden of proving that a withdrawal from a medical savings account was made
32 for an eligible medical expense is upon the account holder and not upon the
33 depository or the employer of the account holder. Other withdrawals shall be
34 subject to the following restrictions and penalties:
35 (a) There shall be a distribution penalty for withdrawal of funds by the
36 account holder for purposes other than the payment of eligible medical
37 expenses. The penalty shall be ten percent (10%) of the amount of with-
38 drawal from the account and, in addition, the amount withdrawn shall be
39 subject to the tax imposed in this chapter. The direct transfer of funds
40 from a medical savings account to a medical savings account at a different
41 depository shall not be considered a withdrawal for purposes of this sec-
42 tion. Charges relating to the administration and maintenance of the
43 account by the depository are not withdrawals for purposes of this sec-
44 tion.
45 (b) After an account holder reaches fifty-nine and one-half (59 1/2)
46 years of age, withdrawals may be made for eligible medical expenses or for
47 any other reason without penalty, but subject to the tax imposed by this
48 section.
49 (c) Upon the death of an account holder, the account principal, as well
50 as any interest accumulated thereon, shall be distributed without penalty
51 to the designated beneficiary or beneficiaries.
52 (d) Funds withdrawn which are later reimbursed shall be taxable unless
53 redeposited into the account within sixty (60) days of the reimbursement.
54 Deposits of reimbursed eligible medical expenses shall not be included in
55 calculating the amount deductible.
79
1 (e) Funds deposited in a medical savings account which are deposited in
2 error or unintentionally and which are withdrawn within thirty (30) days
3 of being deposited shall be treated as if the amounts had not been depos-
4 ited in the medical savings account. Funds withdrawn from a medical sav-
5 ings account which are withdrawn in error or unintentionally and which are
6 redeposited within thirty (30) days of being withdrawn shall be treated as
7 if the amounts had not been withdrawn from the medical savings account.
8 (f) Funds withdrawn which are, not later than the sixtieth day after the
9 day of the withdrawal, deposited into another medical savings account for
10 the benefit of the same account holder are not a withdrawal for purposes
11 of this section and shall not be included in calculating the amount
12 deductible.
13 (5) Reporting. -- Depositories shall provide to the state tax commission
14 the following information regarding medical savings accounts: the name of the
15 account holder, the address of the account holder, the taxpayer identification
16 number of the account holder, deposits made during the tax year by the account
17 holder, withdrawals made during the tax year by the account holder, interest
18 earned on the proceeds of a medical savings account or other information
19 deemed necessary by the commission. Reports shall be filed annually on or
20 before the last day of February following the year to which the information in
21 the report relates.
22 (6) Any medical care savings account established pursuant to chapter 53,
23 title 41, Idaho Code, as enacted by chapter 186, laws of 1994, may be contin-
24 ued pursuant to the provisions of this section and all duties, privileges and
25 liabilities imposed in this section upon medical care savings accounts and the
26 beneficiaries of those accounts shall apply to medical care savings accounts
27 and their beneficiaries established pursuant to chapter 53, title 41, Idaho
28 Code, as enacted by chapter 186, laws of 1994, as if the medical care savings
29 account were a medical savings account established pursuant to this section.
30 (7) (a) If the account holder's surviving spouse acquires the account
31 holder's interest in a medical savings account by reason of being the des-
32 ignated beneficiary of such account at the death of the account holder,
33 the medical savings account shall be treated as if the spouse were the
34 account holder.
35 (b) If, by reason of the death of the account holder, any person acquires
36 the account holder's interest in a medical savings account in a case to
37 which subparagraph (7)(a) of this section does not apply:
38 (i) Such account shall cease to be a medical savings account as of
39 the date of death; and
40 (ii) An amount equal to the fair market value of the assets in such
41 account on such date shall be includable, if such person is not the
42 estate of such holder, in such person's Idaho taxable income for the
43 taxable year which includes such date, or if such person is the
44 estate of such holder, in such holder's Idaho taxable income for the
45 last taxable year of such holder.
46 (c) The amount includable in Idaho taxable income under subparagraph (b)
47 of this subsection (7) by any person, other than the estate, shall be
48 reduced by the amount of qualified medical expenses which were incurred by
49 the decedent before the date of the decedent's death and paid by such per-
50 son within one (1) year after such date.
51 SECTION 151. That Section 66-402, Idaho Code, be, and the same is hereby
52 amended to read as follows:
53 66-402. DEFINITIONS. As used in this chapter:
80
1 (1) "Adult" means an individual eighteen (18) years of age or older.
2 (2) "Artificial life-sustaining procedures" means any medical procedure
3 or intervention which utilizes mechanical means to sustain or supplant a vital
4 function. Artificial life-sustaining procedures shall not include the adminis-
5 tration of medication, and it shall not include the performance of any medical
6 procedure deemed necessary to alleviate pain, or any procedure which could be
7 expected to result in the recovery or long-term survival of the patient and
8 his restoration to consciousness.
9 (3) "Department" means the Idaho department of health and welfare.
10 (4) "Director" means the director of the department of health and wel-
11 fare.
12 (5) "Developmental disability" means a chronic disability of a person
13 which appears before the age of twenty-two (22) years of age and:
14 (a) Is attributable to an impairment, such as mental retardation, cere-
15 bral palsy, epilepsy, autism or other condition found to be closely
16 related to or similar to one (1) of these impairments that requires simi-
17 lar treatment or services, or is attributable to dyslexia resulting from
18 such impairments; and
19 (b) Results in substantial functional limitations in three (3) or more of
20 the following areas of major life activity; self-care, receptive and
21 expressive language, learning, mobility, self-direction, capacity for
22 independent living, or economic self-sufficiency; and
23 (c) Reflects the need for a combination and sequence of special, inter-
24 disciplinary or generic care, treatment or other services which are of
25 lifelong or extended duration and individually planned and coordinated.
26 (6) "Emancipated minor" means an individual between fourteen (14) and
27 eighteen (18) years of age who has been married or whose circumstances indi-
28 cate that the parent-child relationship has been renounced.
29 (7) "Evaluation committee" means an interdisciplinary team of at least
30 three (3) individuals designated by the director or his designee to evaluate
31 an individual as required by the provisions of this chapter. Each committee
32 must include a physician licensed to practice medicine in the state of Idaho,
33 a licensed social worker, with field training or experience in working with
34 partially disabled or disabled persons, and a clinical psychologist.
35 (8) "Facility" means the Idaho state school and hospital, a skilled nurs-
36 ing facility, an intermediate care facility, an intermediate care facility for
37 the mentally retarded, a licensed residential care home or assisted living
38 facility, a group foster home, other organizations licensed to provide twenty-
39 four (24) hour care, treatment and training to the developmentally disabled, a
40 mental health center, or an adult and child development center.
41 (9) "Lacks capacity to make informed decisions" means the inability, by
42 reason of developmental disability, to achieve a rudimentary understanding of
43 the purpose, nature, and possible risks and benefits of a decision, after con-
44 scientious efforts at explanation, but shall not be evidenced by improvident
45 decisions within the discretion allowed nondevelopmentally disabled individu-
46 als.
47 (10) "Likely to injure himself or others" means:
48 (a) A substantial risk that physical harm will be inflicted by the
49 respondent upon his own person as evidenced by threats or attempts to com-
50 mit suicide or inflict physical harm on himself; or
51 (b) A substantial risk that physical harm will be inflicted by the
52 respondent upon another as evidenced by behavior which has caused such
53 harm or which places another person or persons in reasonable fear of sus-
54 taining such harm; or
55 (c) That the respondent is unable to meet essential requirements for
81
1 physical health or safety.
2 (11) "Manage financial resources" means the actions necessary to obtain,
3 administer and dispose of real, personal, intangible or business property,
4 benefits and/or income.
5 (12) "Meet essential requirements for physical health or safety" means the
6 actions necessary to provide health care, food, clothing, shelter, personal
7 hygiene and/or other care without which serious physical injury or illness
8 would occur.
9 (13) "Minor" means an individual seventeen (17) years of age or less.
10 (14) "Protection and advocacy system" means the agency designated by the
11 governor of the state of Idaho to provide advocacy services for people with
12 disabilities pursuant to 42 USC section 6042.
13 (15) "Respondent" means the individual subject to judicial proceedings
14 authorized by the provisions of this chapter.
15 SECTION 152. That Section 67-2601, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF
18 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of
19 self-governing agencies. The department shall, for the purposes of section 20,
20 article IV of the constitution of the state of Idaho, be an executive depart-
21 ment of the state government.
22 (2) The department shall consist of the following:
23 (a) aAgricultural commodity commissions: Idaho apple commission, as pro-
24 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
25 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
26 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
27 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as
28 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
29 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com-
30 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
31 mission, as provided by chapter 30, title 22, Idaho Code; and the Idaho
32 wheat commission, as provided by chapter 33, title 22, Idaho Code; and,
33 (b) pProfessional and occupational licensing boards: Idaho state board of
34 certified public accountancy, as provided by chapter 2, title 54, Idaho
35 Code; board of architectural examiners, as provided by chapter 3, title
36 54, Idaho Code; office of the state athletic director, as provided by
37 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
38 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
39 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic
40 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
41 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun-
42 selor licensing board, as provided by chapter 34, title 54, Idaho Code;
43 state board of dentistry, as provided by chapter 9, title 54, Idaho Code;
44 state board of denturitry, as provided by chapter 33, title 54, Idaho
45 Code; state board of engineering examiners, as provided by chapter 12,
46 title 54, Idaho Code; board of environmental health specialists examiners,
47 as provided by chapter 24, title 54, Idaho Code; state board for registra-
48 tion of professional geologists, as provided by chapter 28, title 54,
49 Idaho Code; board of hearing aid dealers and fitters, as provided by chap-
50 ter 29, title 54, Idaho Code; Idaho state board of landscape architects,
51 as provided by chapter 30, title 54, Idaho Code; state board of medicine,
52 as provided by chapter 18, title 54, Idaho Code, and its associated physi-
53 cal therapist advisory board, as provided by chapter 22, title 54, Idaho
82
1 Code; state board of morticians, as provided by chapter 11, title 54,
2 Idaho Code; board of nurses, as provided by chapter 14, title 54, Idaho
3 Code; board of examiners of nursing home administrators, as provided by
4 chapter 16, title 54, Idaho Code; state board of optometry, as provided by
5 chapter 15, title 54, Idaho Code; Idaho outfitters and guides board, as
6 provided by chapter 21, title 36, Idaho Code; board of pharmacy, as pro-
7 vided by chapter 17, title 54, Idaho Code; state board of podiatry, as
8 provided by chapter 6, title 54, Idaho Code; Idaho state board of psychol-
9 ogist examiners, as provided by chapter 23, title 54, Idaho Code; public
10 works contractors licensing board, as provided by chapter 19, title 54,
11 Idaho Code; Idaho real estate commission, as provided by chapter 20, title
12 54, Idaho Code; real estate appraiser board, as provided by chapter 41,
13 title 54, Idaho Code; board of social work examiners, as provided by chap-
14 ter 32, title 54, Idaho Code; the board of veterinary medicine, as pro-
15 vided by chapter 21, title 54, Idaho Code; and the board of examiners of
16 residential care or assisted living facility administrators, as provided
17 by chapter 42, title 54, Idaho Code.
18 (c) tThe board of examiners, pursuant to section 67-2001, Idaho Code.
19 (d) tThe division of building safety, to be headed by a division admin-
20 istrator and comprised of four (4) bureaus: plumbing, electrical, build-
21 ings, and logging and industrial safety. The division administrator and
22 bureau chiefs shall be nonclassified employees exempt from the provisions
23 of chapter 53, title 67, Idaho Code. The administrator of the division
24 shall administer the provisions of chapter 40, title 39, Idaho Code,
25 relating to manufactured homes and recreational vehicles; chapter 41,
26 title 39, Idaho Code, relating to modular buildings; chapter 21, title 44,
27 Idaho Code, relating to manufactured home dealer and broker licensing;
28 chapter 10, title 54, Idaho Code, relating to electrical contractors and
29 journeymen; chapter 26, title 54, Idaho Code, relating to plumbing and
30 plumbers; and shall perform such additional duties as are imposed upon him
31 by law. The division administrator shall cooperate with the industrial
32 commission and aid and assist the commission in its administration of sec-
33 tions 72-720, 72-721 and 72-723, Idaho Code, and at the request of the
34 commission shall make inspection of appliances, tools, equipment, machin-
35 ery, practices or conditions, and make a written report to the commission.
36 The administrator shall make recommendations to the commission to aid the
37 commission in its administration of sections 72-720, 72-721 and 72-723,
38 Idaho Code, provided however, that nothing herein shall be construed as
39 transferring to the administrator any of the authority or powers now
40 vested in the industrial commission.
41 (3) The bureau of occupational licenses is hereby created within the
42 department of self-governing agencies.
43 SECTION 153. That Section 67-2602, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational
46 licenses created in the department of self-governing agencies by section
47 67-2601, Idaho Code, shall be empowered, by written agreement between the
48 bureau and each agency for which it provides administrative or other services
49 as provided by law, to provide such services for the board of architectural
50 examiners, board of barber examiners, board of chiropractic physicians, board
51 of cosmetology, counselor licensing board, board of environmental health spe-
52 cialist examiners, state board of denturitry, board of hearing aid dealers and
53 fitters, board of landscape architects, board of morticians, board of examin-
83
1 ers of nursing home administrators, board of optometry, board of podiatrists,
2 board of psychologist examiners, real estate appraiser board, board of examin-
3 ers of residential care or assisted living facility administrators, board of
4 social work examiners, and such other professional and occupational licensing
5 boards or commodity commissions as may request such services. The bureau may
6 charge a reasonable fee for such services provided any agency not otherwise
7 provided for by law and shall maintain proper accounting methods for all funds
8 under its jurisdiction.
9 (2) Notwithstanding the statutes governing specific boards, for any board
10 that contracts with the bureau of occupational licenses, each board member
11 shall hold office until a successor has been duly appointed and qualified.
12 SECTION 154. That Section 67-6532, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 67-6532. LICENSURE, STANDARDS AND RESTRICTIONS. (a) The department of
15 health and welfare may require such residences to be licensed and set minimum
16 standards for providing services or operation. Such licensure may be under the
17 residential care home regulations or assisted living facility rules, or under
18 the intermediate care facilities for mentally retarded or related conditions
19 regulations rules, or under regulations rules specifically written for such
20 residences.
21 (b) No conditional use permit, zoning variance, or other zoning clearance
22 shall be required of a residential facility which serves eight (8) or fewer
23 mentally and/or physically handicapped or elderly persons and is supervised as
24 required in section 67-6531, Idaho Code, which is not required of a single
25 family dwelling in the same zone.
26 (c) No local ordinances or local restrictions shall be applied to or
27 required for a residential facility which serves eight (8) or fewer mentally
28 and/or physically handicapped or elderly persons and is supervised as required
29 in section 67-6531, Idaho Code, which is not applied to or required for a sin-
30 gle family dwelling in the same zone.
AS1365
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Henbest
Seconded by Bieter
IN THE HOUSE
HOUSE AMENDMENTS TO S.B. NO. 1365
1 AMENDMENTS TO SECTION 5
2 On page 8 of the printed bill, in line 13, delete "Physician extender" and
3 insert: "Authorized provider", and also in line 13, following "practitioner"
4 insert: "or clinical nurse specialist"; delete lines 15, 16, 17 and in line
5 18, delete "the Idaho state board of nursing".
6 AMENDMENTS TO SECTION 10
7 On page 12, in line 14, delete "Physician extender" and insert: "Autho-
8 rized provider", also in line 14, delete "an advanced practice" and in line
9 15, delete "professional nurse" and insert: "a nurse practitioner or clinical
10 nurse specialist".
11 AMENDMENT TO SECTION 17
12 On page 14, in line 42, delete "physician extender's" and insert: "autho-
13 rized provider's".
14 AMENDMENTS TO SECTION 20
15 On page 15, in line 21, delete "physician" and in line 22, delete
16 "extender" and insert: "authorized provider"; in line 29, delete "physician
17 extender" and insert: "authorized provider"; in line 32, delete "physician
18 extender" and insert: "authorized provider"; and in line 35, delete "physician
19 extender" and insert: "authorized provider".
20 AMENDMENTS TO SECTION 65
21 On page 32, in line 7, delete "Physician extender" and insert: "Authorized
22 provider", also in line 7, delete "an advanced practice" and in line 8, delete
23 "professional nurse" and insert: "a nurse practitioner or clinical nurse spe-
24 cialist".
25 AMENDMENT TO SECTION 71
26 On page 34, in line 18, delete "physician extender's" and insert: "autho-
27 rized provider's".
28 AMENDMENTS TO SECTION 73
29 On page 34, in line 39, delete "physician" and in line 40, delete
30 "extender" and insert: "authorized provider"; on page 35, in line 1, delete
31 "physician extender" and insert: "authorized provider"; in line 4, delete
32 "physician extender" and insert: "authorized provider"; and in line 7, delete
33 "physician extender" and insert: "authorized provider".
34 AMENDMENT TO SECTION 123
35 On page 54, in line 44, delete "physician extender" and insert: "autho-
36 rized provider".
2
1 AMENDMENT TO SECTION 124
2 On page 55, in line 26, delete "physician" and in line 27, delete
3 "extender" and insert: "authorized provider".
4 CORRECTIONS TO TITLE
5 On page 1, in line 21, delete "PHYSICIAN EXTENDER" and insert: "AUTHORIZED
6 PROVIDER"; and in line 24, delete "PHYSICIAN EXTENDER" and insert: "AUTHORIZED
7 PROVIDER"; on page 2, in line 12, delete "PHYSICIAN" and in line 13, delete
8 "EXTENDER" and insert: "AUTHORIZED PROVIDER"; in line 14, delete "PHY-" and in
9 line 15, delete "SICIAN EXTENDER" and insert: "AUTHORIZED PROVIDER".
Moved by Sali
Seconded by Loertscher
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO S.B. NO. 1365
10 AMENDMENTS TO SECTION 25
11 On page 19 of the printed bill, in line 33, following "convicted" insert:
12 ", or is not under the influence or control of anyone convicted,"; in line 34,
13 following "of" delete the remainder of the line and all of lines 35, 36 and
14 37, and insert: "any felony or defrauding the federal government:
15 (a) A criminal offense related to the delivery of an item or service
16 under medicare, medicaid or other state health care program; or
17 (b) A criminal offense related to the neglect or abuse of a patient, in
18 connection with the delivery of a health care item or service; or
19 (c) A criminal offense related to fraud, theft, embezzlement, breach of
20 fiduciary responsibility, or other financial misconduct; or
21 (d) A criminal offense resulting in death or injury to a person.".
22 AMENDMENTS TO SECTION 78
23 On page 38, in line 47, following "convicted" insert: ", or is not under
24 the influence or control of anyone convicted,"; in line 48, following "of"
25 delete the remainder of the line and all of lines 49, 50 and 51, and insert:
26 "any felony or defrauding the federal government:
27 (a) A criminal offense related to the delivery of an item or service
28 under medicare, medicaid or other state health care program; or
29 (b) A criminal offense related to the neglect or abuse of a patient, in
30 connection with the delivery of a health care item or service; or
31 (c) A criminal offense related to fraud, theft, embezzlement, breach of
32 fiduciary responsibility, or other financial misconduct; or
33 (d) A criminal offense resulting in death or injury to a person.".
Moved by Loertscher
Seconded by Sali
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO S.B. NO. 1365
34 AMENDMENT TO SECTION 10
35 On page 11 of the printed bill, in line 31, following ""home")." insert:
36 "Notwithstanding the foregoing, upon application by the owner the department
3
1 may authorize not more than four (4) adults to be placed in a certified family
2 home which is owner-occupied.".
3 AMENDMENT TO SECTION 46
4 On page 27, in line 5, following "adults" insert: ", however, upon an
5 application by the owner and upon a finding by the department that residents
6 can be cared for safely and appropriately based on the residents' specific
7 needs, the department may authorize not more than four (4) adults to be placed
8 in a certified family home which is owner-occupied and which applies to the
9 department for the authorization. Certification as a four (4) resident certi-
10 fied family home shall not be transferable to another person or entity. Four
11 (4) resident certified family homes shall be subject to all statutes and rules
12 governing certified family homes but shall not be subject to the residential
13 or assisted living administrator licensing requirements of chapter 42, title
14 54, Idaho Code, section 39-3340, Idaho Code, licensing of residential or
15 assisted living facilities for the mentally ill, developmentally disabled and
16 physically disabled, or section 39-3540, Idaho Code, licensing of residential
17 or assisted living facilities for the elderly. This provision implementing
18 four (4) resident certified family homes shall be effective on July 1, 2001.
19 Prior to the effective date, the department shall promulgate rules for four
20 (4) resident certified family homes through the negotiated rulemaking process.
21 Nothing in this subsection shall be construed to authorize increased group
22 size for providers of any form of care other than certified family homes".
23 AMENDMENT TO SECTION 65
24 On page 31, in line 15, following ""home")." insert: "Notwithstanding the
25 foregoing, upon application by the owner the department may authorize not more
26 than four (4) adults to be placed in a certified family home which is owner-
27 occupied.".
28 AMENDMENT TO SECTION 101
29 On page 46, in line 18, following "adults" insert: ", however, upon an
30 application by the owner and upon a finding by the department that residents
31 can be cared for safely and appropriately based on the residents' specific
32 needs, the department may authorize not more than four (4) adults to be placed
33 in a certified family home which is owner-occupied and which applies to the
34 department for the authorization. Certification as a four (4) resident certi-
35 fied family home shall not be transferable to another person or entity. Four
36 (4) resident certified family homes shall be subject to all statutes and rules
37 governing certified family homes but shall not be subject to the residential
38 or assisted living administrator licensing requirements of chapter 42, title
39 54, Idaho Code, section 39-3340, Idaho Code, licensing of residential or
40 assisted living facilities for the mentally ill, developmentally disabled and
41 physically disabled, or section 39-3540, Idaho Code, licensing of residential
42 or assisted living facilities for the elderly. This provision implementing
43 four (4) resident certified family homes shall be effective on July 1, 2001.
44 Prior to the effective date, the department shall promulgate rules for four
45 (4) resident certified family homes through the negotiated rulemaking process.
46 Nothing in this subsection shall be construed to authorize increased group
47 size for providers of any form of care other than certified family homes".
STATEMENT OF PURPOSE
RS09503
The proposed legislation amends several provisions of law to allow for more home and
community-based service options under the Medicaid program for the elderly and persons with
disabilities. Specifically, it updates the personal care section in Idaho Code to match certain
changes in the federal Medicaid program description of personal care services. "Attendant care"
is added to this section.
It updates the language to reflect "certified family homes" rather than "adult foster care" and
changes "residential care facility" to "residential or assisted living facility." "Physician extender"
is added to reflect changes in the Idaho Nurse Practice Act. A waiver is allowed for certified
family homes to accept nursing home level clients under certain conditions.
It brings the Idaho Code language defining a nursing home into conformance with current
Medicaid program language by eliminating the terms "skilled nursing care" and "intermediate
care," and replaces them with "nursing facility."
FISCAL IMPACT
The impact of the proposed legislation on the state General Fund would be neutral. Approval will
enhance the state's ability to capture Medicaid federal matching funds.
Contact: Theo Murdock or Kathleen Allyn Agency
Division of Medicaid
334-5747
STATEMENT OF PURPOSE/FISCAL NOTE S 1365