2000 Legislation
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SENATE BILL NO. 1365, As Amended in the House – Residential/asst living facilities

SENATE BILL NO. 1365, As Amended in the House

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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

Bill Text


 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.

Amendment


 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 / Fiscal Impact


                       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