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H0574.................................................by HEALTH AND WELFARE
ADULT FOSTER CARE - Amends existing law to authorize the Department of
Health and Welfare to allow an increase, from two to four, for the number
of persons who may be cared for in an adult foster care home which is
owner-occupied.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Health/Wel
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 63-3-4
AYES -- Alltus, Barraclough, Barrett, Bell, Boe, Bruneel, Callister,
Campbell, Chase, Cheirrett, Clark, Crow, Deal, Denney, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23),
Hansen(29), Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler,
Wood, Zimmermann, Mr Speaker
NAYS -- Bieter, Henbest, Ringo
Absent and excused -- Black, Cuddy, Ellsworth, Smith
Floor Sponsor - Loertscher
Title apvd - to Senate
03/15 Senate intro - 1st rdg - to Health/Wel
H0574
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 574
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO OUT OF HOME CARE FACILITIES; AMENDING SECTION 39-3302, IDAHO CODE,
3 TO AUTHORIZE THE DEPARTMENT TO INCREASE THE NUMBER OF PERSONS WHO MAY BE
4 CARED FOR IN AN ADULT FOSTER CARE HOME AND TO MAKE A TECHNICAL CORRECTION;
5 AMENDING SECTION 39-3371, IDAHO CODE, TO AUTHORIZE THE DEPARTMENT TO ADOPT
6 RULES GOVERNING AUTHORIZATION TO INCREASE THE NUMBER OF PERSONS WHO MAY BE
7 CARED FOR IN AN ADULT FOSTER CARE HOME AND TO MAKE A TECHNICAL CORRECTION;
8 AMENDING SECTION 39-3502, IDAHO CODE, TO AUTHORIZE THE DEPARTMENT TO
9 INCREASE THE NUMBER OF PERSONS WHO MAY BE CARED FOR IN AN ADULT FOSTER
10 CARE HOME; AND AMENDING SECTION 39-3561, IDAHO CODE, TO AUTHORIZE THE
11 DEPARTMENT TO ADOPT RULES GOVERNING AUTHORIZATION TO INCREASE THE NUMBER
12 OF PERSONS WHO MAY BE CARED FOR IN AN ADULT FOSTER CARE HOME.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 39-3302, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-3302. DEFINITIONS. As used in this chapter:
17 (1) "Activities of daily living" means the performance of basic self-care
18 activities in meeting an individual's needs to sustain him in a daily living
19 environment.
20 (2) "Administrator/operator" means any person who has responsibility for
21 day-to-day administration or operation of a residential care facility which
22 provides services to individuals who are mentally ill, developmentally dis-
23 abled or physically disabled.
24 (3) "Adult" means a person who has attained the age of eighteen (18)
25 years.
26 (4) "Adult foster care family" means all individuals related by blood or
27 marriage, other than residents, residing in the adult foster care home.
28 (5) "Adult foster care home" means a family home in which two (2) or less
29 fewer adults are placed to live who are not able to reside in their own home
30 and who require family care, help in daily living, protection, security, and
31 encouragement toward independence (may be referred to as a "home"). Notwith-
32 standing the foregoing, upon an application by the owner the department may
33 authorize not more than four (4) adults to be placed in an adult foster care
34 home which is owner-occupied.
35 (6) "Advocate" means an authorized or designated representative of a pro-
36 gram or organization operating under federal or state mandate to represent the
37 interests of mentally ill, developmentally disabled, or elderly residents.
38 (7) "Assessment" means the conclusion reached using uniform criteria
39 developed by the department and relevant councils for determining a person's
40 need for care and services.
41 (8) "Board" means the board of health and welfare.
42 (9) "Board and care council" means the interdisciplinary group appointed
43 by the director to advise the agency on matters of policy relating to board
2
1 and care facilities.
2 (10) "Certificate" means a one (1) year certificate issued by the certify-
3 ing agent of the department to adult foster care homes complying with this
4 chapter.
5 (11) "Certifying agent" means a person representing the areas of social
6 services, mental health or developmental disabilities, acting under the
7 authority of the department to participate in the certification, inspection,
8 and regulation of an adult foster care home.
9 (12) "Client" means any person who receives financial aid and/or services
10 from an organized program of the department.
11 (13) "Continuing" means personal assistance services required over an
12 extended period of time.
13 (14) "Department" means the Idaho department of health and welfare.
14 (15) "Director" means the director of the Idaho department of health and
15 welfare.
16 (16) "Facility" means a residential care facility which provides services
17 to individuals who are mentally ill, developmentally disabled or physically
18 disabled or an adult foster care home.
19 (17) "Foster care provider" means an adult member of the foster care fam-
20 ily responsible for maintaining the adult foster care home. The foster care
21 provider and the legal owner may not necessarily be the same person.
22 (18) "Governmental unit" means the state, any county, any city, other
23 political subdivision, or any department, division, board, or other agency
24 thereof.
25 (19) "Him or his" means him or her.
26 (20) "License" means a basic permit to operate a residential care facility
27 which provides services to individuals who are mentally ill, developmentally
28 disabled or physically disabled.
29 (21) "Licensee" means the holder of a license to operate a residential
30 care facility under this chapter.
31 (22) "Licensing agency" means the unit of the department of health and
32 welfare that conducts inspections and surveys and issues licenses based on
33 compliance with this chapter.
34 (23) "Negotiated service agreement" means the agreement reached by the
35 resident and/or their representative and the facility, based on the assess-
36 ment, physician's orders if any, admission records if any, and desires of the
37 clients, and which outlines services to be provided and the obligations of
38 facility and resident.
39 (24) "Person" means any individual, firm, partnership, corporation, com-
40 pany, association or joint stock association, and the legal successor thereof.
41 (25) "Personal assistance" means the provision by the staff of the facil-
42 ity of one (1) or more of the following services:
43 (a) Assisting the resident with activities of daily living.
44 (b) Arranging for supportive services.
45 (c) Being aware of the resident's general whereabouts.
46 (d) Monitoring the activities of the resident while on the premises of
47 the facility to ensure the resident's health, safety and well-being.
48 (26) "Political subdivision" means a city or county.
49 (27) "Representative of the department" means an employee of the depart-
50 ment.
51 (28) "Resident" means an adult who resides in a residential care facility
52 or an adult foster care home who may be mentally ill, developmentally dis-
53 abled, physically disabled and/or elderly and for whom appropriate care is
54 given.
55 (29) "Residential care facility" means a facility or residence, however
3
1 named, operated on either a profit or nonprofit basis for the purpose of pro-
2 viding necessary supervision, personal assistance, meals and lodging to three
3 (3) or more developmentally disabled, physically disabled and/or mentally ill
4 adults not related to the owner.
5 (30) "Room and board" means lodging and meals.
6 (31) "Qualified mental health professional" means a person who is quali-
7 fied, by training and experience as defined by rules promulgated by the
8 board, to provide services to the mentally ill.
9 (32) "Qualified mental retardation professional" means a person who is
10 qualified, by training and experience as defined by rules promulgated by the
11 board, to provide services to the mentally retarded.
12 (33) "Substantial compliance" means there are no deficiencies which would
13 endanger the health, safety, or welfare of the residents.
14 (34) "Supervision" means administrative activity which provides the fol-
15 lowing: protection, guidance, knowledge of the resident's whereabouts, and
16 assistance with activities of daily living. The operator is responsible for
17 providing appropriate supervision based on each resident's negotiated service
18 agreement.
19 (35) "Supportive services" means the specific services that are provided
20 to the resident in the community and that are required by the negotiated ser-
21 vice agreement or reasonably requested by the resident.
22 SECTION 2. That Section 39-3371, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-3371. RULES. The board shall have the power and it shall be its duty
25 to promulgate appropriate rules necessary to implement and enforce the stan-
26 dards for certifying adult foster care homes pursuant to this act including,
27 but not limited to, the following:
28 (1) A home shall not be certified for more than two (2) adults, however,
29 upon an application by the owner and upon a finding by the department that
30 residents can be cared for safely, the department may authorize not more than
31 four (4) adults to be placed in an adult foster care home which is owner-
32 occupied and which applies to the department for the authorization. Certifica-
33 tion as a four-resident adult foster care home shall not be transferable to
34 another person or entity. Four-resident adult foster care home providers shall
35 not be subject to the licensing requirements of chapter 42, title 54, Idaho
36 Code, section 39-3340, Idaho Code, or section 39-3540, Idaho Code. This provi-
37 sion in and of itself shall not be construed to authorize increased group size
38 for providers of any form of care other than adult foster care homes.
39 (2) An adult foster care provider may be a couple or a single individual.
40 (3) A home cannot be certified for adult foster care if it also provides
41 room and board for other persons.
42 (4) A home cannot be certified for adult foster care and child foster
43 care at the same time.
44 (5) The adult foster care provider must have sufficient income to main-
45 tain the home and the services offered.
46 (6) Information obtained by the foster care provider shall be held confi-
47 dential except to representatives of the department to provide services or
48 determine compliance with this chapter or upon consent of the individual or
49 his legal guardian.
50 (7) Record keeping Recordkeeping and reporting requirements as may be
51 deemed necessary.
52 (8) Requirements to assure the safety and adequate care of residents.
4
1 SECTION 3. That Section 39-3502, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-3502. DEFINITIONS. As used in this chapter:
4 (1) "Activities of daily living" means the performance of basic self-care
5 activities in meeting an individual's needs to sustain him in a daily living
6 environment.
7 (2) "Administrator/operator" means any person who has responsibility for
8 day-to-day administration or operation of a residential care facility for the
9 elderly.
10 (3) "Adult" means a person who has attained the age of eighteen (18)
11 years.
12 (4) "Adult foster care family" means all individuals related by blood or
13 marriage, other than residents, residing in the adult foster care home.
14 (5) "Adult foster care home" means a family home in which two (2) or
15 fewer adults are placed to live who are not able to reside in their own home
16 and who require family care, help in daily living, protection and security
17 (may be referred to as a "home"). Notwithstanding the foregoing, upon an
18 application by the owner, the department may authorize not more than four (4)
19 adults to be placed in an adult foster care home which is owner-occupied.
20 (6) "Advocate" means an authorized or designated representative of a pro-
21 gram or organization operating under federal or state mandate to represent the
22 interests of a population group served by the facility.
23 (7) "Assessment" means the conclusion reached using uniform criteria
24 developed by the department and relevant councils for determining a person's
25 need for care and services.
26 (8) "Board" means the board of health and welfare.
27 (9) "Certificate" means a one (1) year certificate issued by the certify-
28 ing agent of the department to adult foster care homes complying with this
29 chapter.
30 (10) "Certifying agent" means a person representing the areas of social
31 services or mental health, acting under the authority of the department to
32 participate in the certification, inspection, and regulation of an adult fos-
33 ter care home.
34 (11) "Client" means any person who receives financial aid and/or services
35 from an organized program of the department.
36 (12) "Continuing" means personal assistance services required over an
37 extended period of time.
38 (13) "Department" means the Idaho department of health and welfare.
39 (14) "Director" means the director of the Idaho department of health and
40 welfare.
41 (15) "Facility" means a residential care facility for the elderly.
42 (16) "Foster care provider" means an adult member or members of the foster
43 care family responsible for maintaining the adult foster care home. The foster
44 care provider(s) and the legal owner may not necessarily be the same person.
45 (17) "Governmental unit" means the state, any county, any city, other
46 political subdivision, or any department, division, board or other agency
47 thereof.
48 (18) "Him or his" means him or her.
49 (19) "License" means a basic permit to operate a residential care facility
50 for the elderly.
51 (20) "Licensee" means the holder of a license to operate a residential
52 care facility for the elderly under this chapter.
53 (21) "Licensing agency" means the unit of the department of health and
54 welfare that conducts inspections and surveys and issues licenses based on
5
1 compliance with this chapter.
2 (22) "Mixed populations" means that two (2) or more of the following popu-
3 lations: mentally ill, developmentally disabled, physically disabled, and/or
4 elderly, are provided care and/or housing within the facility.
5 (23) "Negotiated service agreement" means the agreement reached by the
6 resident and/or their representative and the facility, based on the assess-
7 ment, physician's orders if any, admission records if any, and desires of the
8 client, and which outlines services to be provided and the obligations of
9 facility and resident.
10 (24) "Person" means any individual, firm, partnership, corporation, com-
11 pany, association or joint stock association, and the legal successor thereof.
12 (25) "Personal assistance" means the provision by the staff of the facil-
13 ity of one (1) or more of the following services:
14 (a) Assisting the resident with activities of daily living.
15 (b) Arranging for supportive services.
16 (c) Being aware of the resident's general whereabouts.
17 (d) Monitoring the activities of the resident while on the premises of
18 the facility to ensure the resident's health, safety and well-being.
19 (26) "Political subdivision" means a city or county.
20 (27) "Representative of the department" means an employee of the depart-
21 ment.
22 (28) "Resident" means an individual who, by reason of age or infirmity,
23 requires personal assistance and who is not related by blood or marriage to
24 the licensee of the facility.
25 (29) "Residential care council for the elderly" means the interdisciplin-
26 ary group appointed by the director to advise the agency and legislature on
27 matters of policy relating to residential care facilities for the elderly.
28 (30) "Residential care facility for the elderly" means a facility or resi-
29 dence, however named, operated on either a profit or nonprofit basis for the
30 purpose of providing necessary supervision, personal assistance, meals and
31 lodging to three (3) or more elderly adults not related to the owner.
32 (31) "Room and board" means lodging and meals.
33 (32) "Substantial compliance" means there are no deficiencies which would
34 endanger the health, safety or welfare of the residents.
35 (33) "Supervision" means administrative activity which provides the fol-
36 lowing: protection, guidance, knowledge of the resident's whereabouts and
37 assistance with activities of daily living. The operator is responsible for
38 providing appropriate supervision based on each resident's negotiated service
39 agreement.
40 (34) "Supportive services" means the specific services that are provided
41 to the resident in the community and that are required by the negotiated ser-
42 vice agreement or reasonably requested by the resident.
43 SECTION 4. That Section 39-3561, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 39-3561. RULES. The board shall have the power and it shall be its duty
46 to promulgate appropriate rules necessary to implement and enforce the stan-
47 dards for certifying adult foster care homes pursuant to this act including,
48 but not limited to, the following:
49 (1) A home shall be certified for no more than two (2) adults, however
50 upon an application by the owner and finding by the department that residents
51 can be cared for safely, the department may authorize not more than four (4)
52 adults to be placed in an adult foster care home which is owner-occupied. Cer-
53 tification as a four-resident adult foster care home shall not be transferable
6
1 to another person or entity. Four-resident adult foster care home providers
2 shall not be subject to the licensing requirements of chapter 42, title 54,
3 Idaho Code, section 39-3340, Idaho Code, or section 39-3540, Idaho Code. This
4 provision in and of itself shall not be construed to authorize increased group
5 size for providers of any form of care other than adult foster care homes.
6 (2) An adult foster care provider may be a couple or a single individual.
7 (3) A home cannot be certified for adult foster care if it also provides
8 room and board for other persons.
9 (4) A home cannot be certified for adult foster care and child foster
10 care at the same time.
11 (5) The adult foster care provider must have sufficient income to main-
12 tain the home and the services offered.
13 (6) Information obtained by the foster care provider shall be held confi-
14 dential except to representatives of the department to provide services or
15 determine compliance with this chapter or upon consent of the individual or
16 his legal guardian.
17 (7) Recordkeeping and reporting requirements as may be deemed necessary.
18 (8) Requirements to assure the safety and adequate care of residents.
19 (9) Until July 1, 1994, residential care facilities serving four (4) or
20 fewer residents and holding a valid license or with an application for a
21 license pending with the department as of July 1, 1994, shall have the option
22 of being certified as an adult foster care home. Certification as an adult
23 foster care home under this subsection shall not be transferable to another
24 person or entity. Adult foster care home providers certified under this sub-
25 section shall not be subject to residential care administrator licensing
26 requirements of chapter 42, title 54, Idaho Code, or section 39-3340, Idaho
27 Code, licensing of residential care facilities for the mentally ill, develop-
28 mentally disabled and physically disabled, or section 39-3540, Idaho Code,
29 licensing of residential care facilities for the elderly. This provision in
30 and of itself shall not be construed to authorize increased group size for
31 providers of any form of care other than adult foster care.
STATEMENT OF PURPOSE
RS 09719C2
This legislation would allow owner-occupied Adult Foster Care Homes under
certain circumstances to care for up to four (4) adults.
FISCAL IMPACT
None
Contact
Name: Rep. Tom Loertscher
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 574