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H0265aa....................................................by STATE AFFAIRS
RESIDENTIAL AND ASSISTED-LIVING FACILITIES - Amends, repeals and adds to
existing law to clarify and distinguish between procedures governing
residential or assisted-living facilities and certified family homes; to
combine all provisions governing residential or assisted-living facilities
in one chapter of the Idaho Code; to combine all provisions dealing with
certified family homes in one chapter of the Idaho Code; to provide that
the period between required inspections is extended from one year to two
years; to revise criteria related to negotiated service agreements and
admission agreements; to provide for the advisory council; to require
licensing; to clarify responsibility for inspections and technical
assistance; and to clarify miscellaneous provisions and rulemaking
authority.
02/25 House intro - 1st rdg - to printing
02/28 Rpt prt - to Health/Wel
03/11 Rpt out - to Gen Ord
03/14 Rpt out amen - to engros
03/15 Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Ring, Ringo, Roberts, Rusche, Rydalch, Sali,
Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Crow, Mitchell, Raybould, Smith(30), Mr.
Speaker
Floor Sponsor - Garrett
Title apvd - to Senate
03/18 Senate intro - 1st rdg - to Health/Wel
03/22 Rpt out - rec d/p - to 2nd rdg
03/23 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 34-0-0, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - Broadsword
Title apvd - to House
03/24 To enrol
03/28 Rpt enrol - Sp signed
03/29 Pres signed
03/30 To Governor
04/05 Governor signed
Session Law Chapter 280
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 265
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ASSISTED LIVING FACILITIES AND CERTIFIED FAMILY HOMES; REPEALING
3 SECTIONS 39-3310, 39-3311, 39-3319, 39-3320, 39-3341, 39-3342, 39-3343,
4 39-3344, 39-3346, 39-3347, 39-3348, 39-3350, 39-3353, 39-3359, 39-3370,
5 39-3371, 39-3372, 39-3373, 39-3374, 39-3375, 39-3376, 39-3377, 39-3378,
6 39-3379, 39-3380, 39-3381, 39-3382, 39-3383, 39-3384, 39-3385, 39-3386,
7 39-3387, 39-3388, 39-3389, 39-3392, 39-3393, 39-3501, 39-3503, 39-3504,
8 39-3505, 39-3510, 39-3511, 39-3513, 39-3514, 39-3515, 39-3517, 39-3518,
9 39-3520, 39-3521, 39-3522, 39-3523, 39-3524, 39-3525, 39-3530, 39-3531,
10 39-3532, 39-3533, 39-3540, 39-3541, 39-3542, 39-3543, 39-3544, 39-3545,
11 39-3546, 39-3547, 39-3548, 39-3549, 39-3550, 39-3551, 39-3552, 39-3553,
12 39-3554A, 39-3555, 39-3556, 39-3557, 39-3558, 39-3559, 39-3560, 39-3569,
13 39-3570, 39-3572, 39-3573, 39-3573A, 39-3574 AND 39-3576, IDAHO CODE;
14 AMENDING THE HEADING FOR CHAPTER 33, TITLE 39, IDAHO CODE; AMENDING SEC-
15 TION 39-3301, IDAHO CODE, TO REVISE LEGISLATIVE INTENT AND TO MAKE A TECH-
16 NICAL CORRECTION; AMENDING SECTION 39-3302, IDAHO CODE, TO FURTHER DEFINE
17 TERMS; AMENDING SECTION 39-3303, IDAHO CODE, TO CLARIFY PROVISIONS GOVERN-
18 ING PAYMENT LEVELS; AMENDING SECTION 39-3304, IDAHO CODE, TO PROVIDE COR-
19 RECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
20 39-3305, IDAHO CODE, TO SPECIFY ISSUES TO BE GOVERNED BY RULE; AMENDING
21 SECTION 39-3306, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SEC-
22 TION 39-3307, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO REQUIRE
23 NOTICE OF OPTIONS TO PROSPECTIVE RESIDENTS; AMENDING SECTION 39-3308,
24 IDAHO CODE, TO SPECIFY ASSESSMENT CRITERIA TO BE EMPLOYED; AMENDING SEC-
25 TION 39-3309, IDAHO CODE, TO REVISE CONTENT OF NEGOTIATED SERVICE AGREE-
26 MENT; AMENDING SECTION 39-3313, IDAHO CODE, TO GOVERN CONTENT OF ADMISSION
27 AGREEMENTS; AMENDING SECTION 39-3315, IDAHO CODE, TO GOVERN CONTENT OF
28 ADMISSION RECORDS; AMENDING SECTION 39-3316, IDAHO CODE, TO GOVERN RESI-
29 DENT RIGHTS AND TO MAKE TECHNICAL CHANGES; AMENDING SECTION 39-3318, IDAHO
30 CODE, TO GOVERN RESPONSE TO INCIDENTS AND COMPLAINTS; AMENDING SECTION
31 39-3321, IDAHO CODE, TO REQUIRE THAT ADMINISTRATORS MUST BE LICENSED;
32 AMENDING SECTION 39-3322, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND
33 TO REQUIRE NOTICE CONCERNING LIABILITY INSURANCE; AMENDING SECTION
34 39-3324, IDAHO CODE, TO GOVERN STAFF TRAINING REQUIREMENTS; AMENDING SEC-
35 TION 39-3325, IDAHO CODE, TO SPECIFY REQUIREMENTS FOR LOCATION AND PHYSI-
36 CAL ENVIRONMENT OF FACILITIES; AMENDING CHAPTER 33, TITLE 39, IDAHO CODE,
37 BY THE ADDITION OF A NEW SECTION 39-3326, IDAHO CODE, TO REQUIRE A POLICY
38 GOVERNING MEDICATIONS; AMENDING SECTION 39-3330, IDAHO CODE, TO PROVIDE
39 FOR THE ADVISORY COUNCIL AND TO SPECIFY MEMBERSHIP; AMENDING SECTION
40 39-3331, IDAHO CODE, TO PROVIDE POWERS AND DUTIES OF THE ADVISORY COUNCIL;
41 AMENDING SECTION 39-3332, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND
42 TO REQUIRE MEETINGS; AMENDING SECTION 39-3333, IDAHO CODE, TO GOVERN REIM-
43 BURSEMENT FOR EXPENSES OF MEMBERS; AMENDING SECTION 39-3340, IDAHO CODE,
44 TO REQUIRE LICENSING; AMENDING SECTION 39-3345, IDAHO CODE, TO PROVIDE
45 CORRECT TERMINOLOGY; AMENDING SECTION 39-3349, IDAHO CODE, TO SPECIFY
46 RESPONSIBILITY FOR INSPECTIONS AND TECHNICAL ASSISTANCE; AMENDING SECTION
2
1 39-3351, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNI-
2 CAL CORRECTION; AMENDING SECTION 39-3352, IDAHO CODE, TO PROVIDE CORRECT
3 TERMINOLOGY; AMENDING SECTION 39-3354, IDAHO CODE, TO PROVIDE CORRECT TER-
4 MINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-3354A,
5 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-3355,
6 IDAHO CODE, TO STRIKE CERTAIN INSPECTION REQUIREMENTS; AMENDING THE HEAD-
7 ING FOR CHAPTER 35, TITLE 39, IDAHO CODE; AMENDING CHAPTER 35, TITLE 39,
8 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-3501, IDAHO CODE, TO PRO-
9 VIDE A STATEMENT OF LEGISLATIVE INTENT; AMENDING SECTION 39-3502, IDAHO
10 CODE, TO FURTHER DEFINE TERMS; AMENDING SECTION 39-3506, IDAHO CODE, TO
11 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-3507, IDAHO CODE, TO GOV-
12 ERN ADMISSIONS; AMENDING SECTION 39-3508, IDAHO CODE, TO REVISE ASSESSMENT
13 CRITERIA; AMENDING SECTION 39-3509, IDAHO CODE, TO REVISE CONTENT OF THE
14 NEGOTIATED SERVICE AGREEMENT AND TO AUTHORIZE A PLAN OF SERVICE; AMENDING
15 CHAPTER 35, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
16 39-3511, IDAHO CODE, TO CREATE THE ADVISORY COUNCIL AND TO SPECIFY THE
17 MEMBERSHIP; AMENDING SECTION 39-3516, IDAHO CODE, TO GOVERN RESIDENT
18 RIGHTS; AMENDING SECTION 39-3519, IDAHO CODE, TO SPECIFY ACCESS BY ADVO-
19 CATES AND REPRESENTATIVES; AMENDING SECTION 39-3561, IDAHO CODE, TO REDES-
20 IGNATE THE SECTION AND TO GOVERN CONTENT OF RULES; AMENDING SECTION
21 39-3562, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO GOVERN BACKGROUND
22 CHECKS; AMENDING SECTION 39-3563, IDAHO CODE, TO REDESIGNATE THE SECTION;
23 AMENDING SECTION 39-3564, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
24 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-3565, IDAHO CODE, TO
25 REDESIGNATE THE SECTION; AMENDING SECTION 39-3566, IDAHO CODE, TO REDESIG-
26 NATE THE SECTION AND TO GOVERN PROCEDURE FOR DENIAL OR REVOCATION OF A
27 CERTIFICATE; AMENDING SECTIONS 39-3567 AND 39-3568, IDAHO CODE, TO REDES-
28 IGNATE THE SECTIONS; AMENDING CHAPTER 35, TITLE 39, IDAHO CODE, BY THE
29 ADDITION OF A NEW SECTION 39-3527, IDAHO CODE, TO PROVIDE RESPONSIBILITY
30 FOR INSPECTIONS AND TECHNICAL ASSISTANCE; AMENDING SECTION 39-3571, IDAHO
31 CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 39-3575, IDAHO CODE, TO
32 REDESIGNATE THE SECTION AND TO CLARIFY THE TYPE OF AGREEMENTS COVERED;
33 AMENDING SECTION 39-3577, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
34 AUTHORIZE RULES; AMENDING SECTION 39-3578, IDAHO CODE, TO REDESIGNATE THE
35 SECTION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-3579,
36 IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 39-3580, IDAHO
37 CODE, TO REDESIGNATE THE SECTION AND TO SPECIFY APPLICATION OF THE PROVI-
38 SIONS OF THIS CHAPTER; AND AMENDING SECTION 63-701, IDAHO CODE, TO CORRECT
39 A CODE CITATION.
40 Be It Enacted by the Legislature of the State of Idaho:
41 SECTION 1. That Sections 39-3310, 39-3311, 39-3319, 39-3320, 39-3341,
42 39-3342, 39-3343, 39-3344, 39-3346, 39-3347, 39-3348, 39-3350, 39-3353,
43 39-3359, 39-3370, 39-3371, 39-3372, 39-3373, 39-3374, 39-3375, 39-3376,
44 39-3377, 39-3378, 39-3379, 39-3380, 39-3381, 39-3382, 39-3383, 39-3384,
45 39-3385, 39-3386, 39-3387, 39-3388, 39-3389, 39-3392, 39-3393, 39-3501,
46 39-3503, 39-3504, 39-3505, 39-3510, 39-3511, 39-3513, 39-3514, 39-3515,
47 39-3517, 39-3518, 39-3520, 39-3521, 39-3522, 39-3523, 39-3524, 39-3525,
48 39-3530, 39-3531, 39-3532, 39-3533, 39-3540, 39-3541, 39-3542, 39-3543,
49 39-3544, 39-3545, 39-3546, 39-3547, 39-3548, 39-3549, 39-3550, 39-3551,
50 39-3552, 39-3553, 39-3554A, 39-3555, 39-3556, 39-3557, 39-3558, 39-3559,
51 39-3560, 39-3569, 39-3570, 39-3572, 39-3573, 39-3573A, 39-3574 and 39-3576,
52 Idaho Code, be, and the same are hereby repealed.
3
1 SECTION 2. That the Heading for Chapter 33, Title 39, Idaho Code, be, and
2 the same is hereby amended to read as follows:
3 CHAPTER 33
4 IDAHO BOARD AND RESIDENTIAL CARE OR ASSISTED LIVING ACT
5 SECTION 3. That Section 39-3301, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-3301. LEGISLATIVE INTENT AND DECLARATION. The purpose of a residential
8 care or assisted living facility in Idaho is to provide a humane, safe, and
9 home-like homelike living arrangement for persons who are mentally ill, devel-
10 opmentally disabled or physically disabled adults who need some assistance
11 with activities of daily living and personal care but do not require the level
12 of care identified under section 39-1301(b), Idaho Code, other than for short
13 exceptional stays meaning a treatment window designed to allow a resident to
14 receive treatment for a short term acute episode as determined by a licensed
15 professional nurse.
16 The state will encourage the development of facilities tailored to the
17 needs of individual populations which operate in integrated settings in commu-
18 nities where sufficient supportive services exist to provide the resident, if
19 appropriate, an opportunity to work and be involved in recreation and educa-
20 tion opportunities. alongside people who are not mentally ill, developmentally
21 disabled or physically disabled. Additional services can be made available in
22 the facility to meet the resident's identified needs Employment, recreational
23 and educational opportunities for people with disabilities shall be offered in
24 the most integrated setting consistent with their needs.
25 The facilities A residential care or assisted living facility shall be
26 operated and staffed by individuals who have the knowledge and experience
27 required to provide safe and appropriate services to all residents of the
28 facility. The operators shall protect the rights and provide appropriate ser-
29 vices to meet the needs of the individual residents.
30 The department will be responsible for monitoring and enforcing the provi-
31 sions of this chapter. This responsibility includes, but is not limited to,
32 monitoring the condition of the facility, the individualized, written plan of
33 care including activities of daily living and support services to be provided,
34 and the development of enforcement procedures when violations occur.
35 Nothing in this chapter is intended to reduce or eliminate any duty of the
36 department or any other public or private entity for provision of services for
37 any resident.
38 The administrator of the facility shall ensure that an objective,
39 individualized assessment to determine resident needs is conducted, develop a
40 comprehensive negotiated plan of care to meet those needs, deliver appropriate
41 services to meet resident needs, and ensure resident rights are honored.
42 SECTION 4. 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) "Abuse" means a nonaccidental act of sexual, physical or mental mis-
46 treatment or injury of a resident through the action or inaction of another
47 individual.
48 (2) "Activities of daily living" means the performance of basic self-care
49 activities in meeting an individual's needs to sustain him in a daily living
50 environment.
4
1 (23) "Administrator/operator" means any person who has responsibility an
2 individual, properly licensed by the bureau of occupational licensing, who is
3 responsible for day-to-day administration or operation of a licensed residen-
4 tial care or assisted living facility. which provides services to individuals
5 who are mentally ill, developmentally disabled or physically disabled.
6 (34) "Adult" means a person who has attained the age of eighteen (18)
7 years.
8 (45) "Advocate" means an authorized or designated representative of a
9 program or organization operating under federal or state mandate to represent
10 the interests of mentally ill, developmentally disabled, or elderly residents.
11 (56) "Assessment" means the conclusion reached using uniform criteria
12 which identifies resident strengths, weaknesses, risks and needs, to include
13 functional, medical and behavioral needs. The assessment criteria shall be
14 developed by the department and relevant residential care or assisted living
15 councils for determining a person's need for care and services.
16 (67) "Authorized provider" in this chapter means an individual who is a
17 nurse practitioner or clinical nurse specialist or a physician assistant.
18 (8) "Board" means the board of health and welfare.
19 (7) "Board and care council" means the interdisciplinary group appointed
20 by the director to advise the agency on matters of policy relating to residen-
21 tial or assisted living facilities and certified family homes.
22 (8) "Care provider" means an adult member of the home family responsible
23 for maintaining the certified family home. The care provider and the legal
24 owner may not necessarily be the same person.
25 (9) "Certificate" means a one (1) year certificate issued by the certify-
26 ing agent of the department to certified family homes complying with this
27 chapter.
28 (10) "Certified family home" means a family home in which two (2) or fewer
29 adults are placed to live who are not able to reside in their own home and who
30 require family care, help in daily living, protection, security, and encour-
31 agement toward independence (may be referred to as a "home"). Notwithstanding
32 the foregoing, upon application by the owner the department may authorize not
33 more than four (4) adults to be placed in a certified family home which is
34 owner-occupied.
35 (11) "Certifying agent" means a person acting under the authority of the
36 department to participate in the certification, inspection, and regulation of
37 a certified family home.
38 (12) "Client" means any person who receives financial aid and/or services
39 from an organized program of the department.
40 (13) "Continuing" means personal assistance services required over an
41 extended period of time.
42 (149) "Chemical restraint" means a medication used to control behavior or
43 to restrict freedom of movement and is not a standard treatment for the
44 resident's condition.
45 (10) "Core issues" includes abuse, neglect, exploitation, inadequate care,
46 a situation in which the facility has operated for more than thirty (30) days
47 without a licensed administrator designated the responsibility for the day-to-
48 day operations of the facility, inoperable fire detection or extinguishing
49 systems with no fire watch in place pending the correction of the system, and
50 surveyors denied access to records, residents or facilities.
51 (11) "Department" means the Idaho department of health and welfare.
52 (152) "Director" means the director of the Idaho department of health and
53 welfare.
54 (13) "Exploitation" means the misuse of a resident's funds, property,
55 resources, identity or person for profit or advantage.
5
1 (164) "Facility" means a licensed residential care or assisted living
2 facility. or a certified family home.
3 (175) "Governmental unit" means the state, any county, any city, other
4 political subdivision, or any department, division, board, or other agency
5 thereof.
6 (18) "Home family" means all individuals related by blood or marriage,
7 other than residents, residing in the certified family home.
8 (16) "Inadequate care" means a facility fails to implement the negotiated
9 service agreement or provide for room, board, activities of daily living,
10 supervision, first aid, assistance and monitoring of medications, emergency
11 intervention, coordination of outside services, a safe living environment; and
12 which facility engages in violations of resident's rights, or takes residents
13 who require more than the level of care they can provide.
14 (197) "License" means a basic permit to operate a licensed residential
15 care or assisted living facility. which provides services to individuals who
16 are mentally ill, developmentally disabled or physically disabled.
17 (2018) "Licensee" means the holder owner of a license to operate a
18 licensed residential care or assisted living facility under this chapter.
19 (219) "Licensing agency" means the unit of the department of health and
20 welfare that conducts inspections and surveys and issues licenses based on
21 compliance with this chapter.
22 (20) "Neglect" means failure to provide food, clothing, shelter, or medi-
23 cal care necessary to sustain the life, health and desires of a resident.
24 (221) "Negotiated service agreement" means the agreement reached by the
25 resident and/or their representative and the facility, based on the assess-
26 ment, physician's orders, if any, admission records, if any, and desires of
27 the clients resident, and which outlines services to be provided and the obli-
28 gations of the facility and the resident.
29 (23) "Authorized provider" means an individual who is a nurse practitioner
30 or clinical nurse specialist, licensed by the Idaho state board of nursing, or
31 a physician assistant, licensed by the Idaho state board of medicine.
32 (24) "Person" means any individual, firm, partnership, corporation, com-
33 pany, association or joint stock association, and the legal successor thereof.
34 (252) "Personal assistance" means the provision by the staff of the facil-
35 ity of one (1) or more of the following services:
36 (a) Assisting the resident with activities of daily living.
37 (b) Arranging for supportive services.
38 (c) Being aware of the resident's general whereabouts.
39 (d) Monitoring the activities of the resident while on the premises of
40 the facility to ensure the resident's health, safety and well-being.
41 (263) "Political subdivision" means a city or county.
42 (27) "Representative of the department" means an employee of the depart-
43 ment.
44 (284) "Resident" means an adult who lives in a licensed residential care
45 or assisted living facility. or a certified family home and who requires per-
46 sonal assistance or supervision.
47 (295) "Residential care or assisted living facility" means a facility or
48 residence, however named, operated on either a profit or nonprofit basis for
49 the purpose of providing necessary supervision, personal assistance, meals and
50 lodging to three (3) or more developmentally disabled, physically disabled or
51 mentally ill adults not related to the owner.
52 (3026) "Room and board" means lodging and meals.
53 (31) "Qualified mental health professional" means a person who is quali-
54 fied, by training and experience as defined by rules promulgated by the board,
55 to provide services to the mentally ill.
6
1 (32) "Qualified mental retardation professional" means a person who is
2 qualified, by training and experience as defined by rules promulgated by the
3 board, to provide services to the mentally retarded.
4 (3327) "Substantial compliance" means there are a facility has no core
5 issue deficiencies. which endanger the health, safety, or welfare of the resi-
6 dents. It also means deficiencies affecting resident welfare including resi-
7 dent rights, resident property, and the opportunity, where appropriate, to
8 work and be involved in recreation and education opportunities in the commu-
9 nity.
10 (3428) "Supervision" means administrative activity which provides the fol-
11 lowing: protection, guidance, knowledge of the resident's general whereabouts,
12 and assistance with activities of daily living. The operator is responsible
13 for providing appropriate supervision based on each resident's negotiated ser-
14 vice agreement The administrator is responsible for providing appropriate
15 supervision based on each resident's negotiated service agreement or other
16 legal requirements.
17 (3529) "Supportive services" means the specific services that are provided
18 to the resident in the community. and that are required by the negotiated ser-
19 vice agreement or reasonably requested by the resident.
20 SECTION 5. That Section 39-3303, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 39-3303. PAYMENT LEVELS. Clients of the department who are mentally ill,
23 developmentally disabled or physically disabled and are receiving financial
24 aid as set out in sections 56-207, 56-208 and 56-209a, Idaho Code, seeking
25 placement in a licensed residential care or assisted living facility or certi-
26 fied family home will be assessed by the department. Based upon the assessed
27 need, the specific types of services and supports required regarding their
28 need for specific types of services and supports. This assessment will deter-
29 mine the level of payment. to be received by the resident according to the
30 following criteria:
31 (1) Level I. The client requires room, board, and supervision and may
32 require one (1) or more of the following:
33 (a) Minimal assistance with activities of daily living and nonmedical
34 personal assistance.
35 (b) Minimal assistance with mobility, i.e., client is independently
36 mobile.
37 (c) Minimal assistance in an emergency, i.e., client is capable of self-
38 preservation in an emergency.
39 (d) Minimal assistance with medications, i.e., client does not require
40 medication management or supervision.
41 (e) Minimal behavior management substantiated by the client's history.
42 (2) Level II. The client requires room, board, and supervision and may
43 require one (1) or more of the following:
44 (a) Moderate assistance with activities of daily living and nonmedical
45 personal assistance.
46 (b) Moderate assistance with mobility, but easily mobile with assistance.
47 (c) Moderate assistance in an emergency, but client is capable of self-
48 preservation with assistance.
49 (d) Moderate assistance with medications.
50 (e) Moderate assistance with behavior management.
51 (3) Level III. The client requires room, board, and staff up and awake on
52 a twenty-four (24) hour basis and may require one (1) or more of the follow-
53 ing:
7
1 (a) Extensive assistance with activities of daily living.
2 (b) Extensive personal assistance.
3 (c) Extensive assistance with mobility and may be immobile without exten-
4 sive assistance.
5 (d) Extensive assistance in an emergency and may be incapable of self-
6 preservation without assistance.
7 (e) Extensive assistance with and monitoring of medications.
8 (f) Extensive assistance with training and/or behavior management.
9 (4) Other levels and amounts as determined by the department pursuant to
10 negotiated rulemaking as defined in chapter 52, title 67, Idaho Code Payment
11 for residential care and assisted living services will only be as a last
12 resort, when there are no other payment sources either at the facility or at
13 another location. The department shall promulgate rules outlining the payment
14 policy and calculations for clients of the department.
15 SECTION 6. That Section 39-3304, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 39-3304. TYPES OF FACILITIES. The state will foster the development of,
18 and provide incentives for, licensed residential care or assisted living
19 facilities serving specific mentally ill and developmentally or physically
20 disabled populations which are small in size to provide for family and home-
21 like homelike arrangements. Small facilities of eight (8) beds or less for the
22 developmentally or physically disabled population individuals with developmen-
23 tal or physical disabilities and fifteen (15) beds or less for the mentally
24 ill population individual with mental illness will provide residents with the
25 opportunity for normalized and integrated living in typical homes in neighbor-
26 hoods and communities.
27 SECTION 7. That Section 39-3305, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-3305. RULES. (1) The board shall have the authority to adopt, amend,
30 repeal and enforce such reasonable rules as may be necessary or proper to
31 carry out the purpose and intent of this chapter which are designed to protect
32 the health, safety and individual rights of residents in licensed residential
33 care or assisted living facilities. and provide adequate nutrition, supervi-
34 sion, and therapeutic recreational activities and to enable tThe department to
35 shall exercise the powers and perform the duties conferred upon it by this
36 chapter, not inconsistent with any statute of this state. These rules and
37 standards shall be promulgated in accordance with the provisions of the Idaho
38 administrative procedure act. The department shall promulgate rules in the
39 following areas:
40 (a) Minimum criteria for the assessment;
41 (b) Minimum criteria for the negotiated service agreement;
42 (c) Guidelines for the facility's physical environment and location;
43 (d) Criteria for the facility's license, to include:
44 (i) Initial license application criteria and procedures;
45 (ii) License renewal criteria, procedures and timing;
46 (iii) Inspection criteria and procedures;
47 (iv) Denial and revocation of license criteria and procedures; and
48 (v) Effect of previous revocation or denial of license.
49 (e) Remedy and enforcement provisions for noncompliance with statute.
50 (2) Rules shall be drafted and promulgated following negotiation with
51 interested providers, assisted living nurse associations and advocates.
8
1 SECTION 8. That Section 39-3306, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-3306. STATE LICENSING TO SUPERSEDE LOCAL REGULATION. This chapter and
4 the rules promulgated pursuant to this chapter shall supersede any program of
5 any political subdivision of the state which licenses or sets standards for
6 licensed residential care or assisted living facilities.
7 SECTION 9. That Section 39-3307, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-3307. ADMISSIONS. (1) A licensed residential care or assisted living
10 facility shall not admit or retain any resident requiring a level of services
11 or type of service for which the facility is not licensed or which the facil-
12 ity does not provide or arrange for, or if the facility does not have the
13 staff, appropriate in numbers and with appropriate skills, to provide. Pro-
14 spective residents will also be informed of options and rights available
15 through other programs which may or may not be available at the facility,
16 including medicare benefits, to ensure prospective residents are making
17 informed decisions. The department may provide forms to assure this notice.
18 (2) The department shall develop rules governing admissions to licensed
19 residential care or assisted living facilities.
20 SECTION 10. That Section 39-3308, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 39-3308. ASSESSMENT. The department shall develop employ uniform assess-
23 ment criteria to assess function and cognitive disability. The conclusions
24 shall be deemed the assessment and shall be used to provide appropriate place-
25 ment and funding for service needs. The assessment shall also be used to
26 ensure funding is cost-effective and appropriate when compared to other state
27 programs relevant to the needs of the client being assessed. The department
28 shall develop rules regarding:
29 (1) Qualifications of persons making the assessments.
30 (2) Department's responsibility for state pay clients.
31 (3) Time frames for completing an assessment.
32 (4) Information to be included in an assessment.
33 (5) Use of an assessment in developing the negotiated service agreement.
34 (6) Use of assessments in determining facility staffing ratios.
35 (7) Use of assessments for determining the ability of provider and facil-
36 ity to meet residents' needs and special training or licenses that may be
37 required in caring for certain residents.
38 SECTION 11. That Section 39-3309, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-3309. NEGOTIATED SERVICE AGREEMENT. (1) Each resident shall be pro-
41 vided a negotiated service agreement to provide for coordination of services
42 and for guidance of the staff and management of the facility where the person
43 resides. Upon completion, the agreement shall clearly identify the resident
44 and describe the services to be provided to the resident and how such services
45 are to be delivered. The negotiated service agreement shall be reviewed at
46 least annually and upon any change in a diagnosis for the resident or other
47 condition requiring substantially different additional or replacement ser-
48 vices.
9
1 (2) A negotiated service agreement shall be based on the person's:
2 (a) Assessment;
3 (b) Service needs for activities of daily living;
4 (c) Need for limited nursing services;
5 (d) Need for medication assistance;
6 (e) Frequency of needed services;
7 (f) Level of assistance, i.e., standby, reminding, total;
8 (g) Signature and approval of agreement; and
9 (h) Signing date that the plan was approved and date plan will be
10 reviewed.
11 (3) The residential contractor administrator shall consult the resident,
12 the resident's family, friends, case manager and/or consumer coordinator, as
13 necessary, in the development of the resident's service agreement.
14 (4) A copy of the agreement shall be given to the resident and a copy
15 placed in the resident's records file no later than two (2) weeks from admis-
16 sion.
17 (5) A resident shall be given the choice and control of how and what ser-
18 vices the facility will provide, or external vendors will provide, to the
19 extent the resident can make choices and they do not exceed the level of care
20 licensing.
21 (6) On an exception basis, a record shall be made of any changes or
22 inability to provide services outlined in the negotiated service agreement.
23 (7) The agreement shall include a statement regarding when there is no
24 need for access to external services.
25 (8) There shall be documentation of refusal of certain treatments by com-
26 petent resident or legal health care representative.
27 SECTION 12. That Section 39-3313, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-3313. ADMISSION AGREEMENTS. (1) Upon admission to a licensed residen-
30 tial care or assisted living facility, the facility and the resident shall
31 enter into an admission agreement. The admission agreement shall clearly out-
32 line who is financially responsible for resident charges and shall clearly
33 outline the facility's resident discharge policies. The agreement shall be in
34 writing and shall be signed by both parties. The board shall promulgate rules
35 governing admission agreements which may be integrated with the negotiated
36 service agreement.
37 (2) A resident may be discharged for the following:
38 (a) A resident's failure to pay;
39 (b) The facility's inability to meet the resident's needs;
40 (c) The resident's needs are greater than the level of care provided by
41 the specific facility;
42 (d) The resident is a danger to himself or others.
43 (3) A resident shall have the right to appeal a discharge as established
44 by department rule.
45 (4) Should a residential care or assisted living facility choose not to
46 carry professional liability insurance, that information shall be disclosed,
47 in writing, to residents upon admission.
48 SECTION 13. That Section 39-3315, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 39-3315. ADMISSION RECORDS. (1) Records required for admission to a
51 facility shall be maintained and updated for administrative purposes only and
10
1 shall be confidential. Their availability, subject to Idaho department of
2 health and welfare rules, chapter 1, title 5, shall be limited to administra-
3 tion, professional consultants, the resident's physician or authorized pro-
4 vider, and representatives of the licensing agency. They shall include at
5 least the following information:
6 (1a) Name and social security number.
7 (2b) Permanent address if other than the facility.
8 (3c) Marital status and sex.
9 (4d) Birthplace and date of birth.
10 (5e) Name, address and telephone number of responsible agent or agency.
11 (6f) Personal physician or authorized provider. and dentist.
12 (7g) Admission date. and by whom admitted.
13 (8h) Results of a physical or health status examination performed by a
14 licensed physician or authorized provider within six (6) months prior to
15 admission.
16 (9i) A list of medications, treatments and diet prescribed for the resi-
17 dent which is signed and dated by the physician or authorized provider
18 giving the order(s).
19 (10) The results of an assessment of any developmentally disabled or men-
20 tally ill person which support the ability of the facility to meet the needs
21 of the resident.
22 (11) Psychosocial history, current within six (6) months prior to admis-
23 sion, completed by a licensed social worker, psychologist, psychiatrist, or
24 licensed physician for clients of the department. For residents who are either
25 developmentally disabled or mentally ill, the psychosocial history shall be
26 performed by either a qualified mental retardation professional or qualified
27 mental health professional.
28 (12j) Religious affiliation if resident chooses to so state.
29 (13k) Interested relatives and friends other than those in subsection
30 paragraph (5e) of this subsection. Names, addresses and telephone numbers
31 of family members and/or significant others.
32 (14l) Resident assessment.
33 (m) The results of any psychosocial evaluations or histories to ensure
34 all resident needs are being met.
35 (2) The resident's personal or religious preferences with respect to med-
36 ical treatment and medications shall be honored.
37 SECTION 14. That Section 39-3316, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-3316. RESIDENT RIGHTS. A licensed residential care or assisted living
40 facility must protect and promote the rights of each resident, including each
41 of the following rights:
42 (1) Resident records. Each facility must maintain and keep current a
43 record of the following information on each resident:
44 (a) A copy of the resident's current negotiated service agreement and
45 physician's order.
46 (b) Written acknowledgement that the resident has received copies of the
47 rights.
48 (c) A record of all personal property and funds which the resident has
49 entrusted to the facility, including copies of receipts for the property.
50 (d) Information about any specific health problems of the resident which
51 may be useful in a medical emergency.
52 (e) The name, address and telephone number of an individual identified by
53 the resident who should be contacted in the event of an emergency or death
11
1 of the resident.
2 (f) Any other health-related, emergency, or pertinent information which
3 the resident requests the facility to keep on record.
4 (g) The current admission agreement between the resident and the facil-
5 ity.
6 (2) Privacy. Each resident must be assured the right to privacy with
7 regard to accommodations, medical and other treatment, written and telephone
8 communications, visits, and meetings of family and resident groups.
9 (3) Humane care and environment (dignity and respect).
10 (a) Each resident shall have the right to humane care and a humane envi-
11 ronment, including the following:
12 1.(i) The right to a diet which is consistent with any religious or
13 health-related restrictions.
14 2.(ii) The right to refuse a restricted diet.
15 3.(iii) The right to a safe and sanitary living environment.
16 (b) Each resident shall have the right to be treated with dignity and
17 respect, including:
18 1.(i) The right to be treated in a courteous manner by staff.
19 2.(ii) The right to receive a response from the facility to any
20 request of the resident within a reasonable time.
21 (iii) The right to be communicated with, orally and/or in writing, in
22 a language they understand.
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 it must hold, safeguard, and account for such personal funds under a sys-
38 tem established and maintained by the facility in accordance with this
39 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) five (5) times the personal needs
45 allowance in an interest-bearing account (or accounts) that is separate
46 from any of the facility's operating accounts and credit all interest
47 earned on such separate account to such account. The facility must main-
48 tain any other personal funds in a noninterest-bearing account or petty
49 cash fund.
50 (b) The facility must assure a full and complete separate accounting of
51 each resident's personal funds, maintain a written record of all financial
52 transactions involving each resident's personal funds deposited with the
53 facility, and afford the resident (or a legal representative of the resi-
54 dent) reasonable access to such record.
55 (c) Upon the death of a resident with such an account, the facility must
12
1 promptly convey the resident's personal funds (and a final accounting of
2 such funds) to the individual administering the resident's estate. For
3 clients of the department, the remaining balance of funds shall be
4 refunded to the department.
5 (7) Access and visitation rights. Each facility must permit:
6 (a) Immediate access to any resident by any representative of the depart-
7 ment, by the state ombudsman for the elderly or his designees, or by the
8 resident's individual physician.
9 (b) Immediate access to a resident, subject to the resident's right to
10 deny or withdraw consent at any time, by immediate family or other rela-
11 tives.
12 (c) Immediate access to a resident, subject to reasonable restrictions
13 and the resident's right to deny or withdraw consent at any time, by
14 others who are visiting with the consent of the resident.
15 (d) Reasonable access to a resident by any entity or individual that pro-
16 vides health, social, legal, or other services to the resident, subject to
17 the resident's right to deny or withdraw consent at any time.
18 (8) Employment. Each resident shall have the right to refuse to perform
19 services for the facility except as contracted for by the resident and the
20 operator administrator of the facility. If the resident is hired by the facil-
21 ity to perform services as an employee of the facility, the wage paid to the
22 resident shall be consistent with state and federal law.
23 (9) Confidentiality. Each resident shall have the right to confidential-
24 ity of personal and clinical records.
25 (10) Freedom from abuse, neglect, and restraints. Each resident shall have
26 the right to be free from physical, mental or sexual abuse, neglect, corporal
27 punishment, involuntary seclusion, and any physical or chemical restraints.
28 imposed for purposes of discipline or convenience.
29 (11) Freedom of religion. Each resident shall have the right to practice
30 the religion of his choice or to abstain from religious practice. Residents
31 shall also be free from the imposition of the religious practices of others.
32 (12) Control and receipt of health-related services. Each resident shall
33 have the right to control his receipt of health-related services, including:
34 (a) The right to retain the services of his own personal physician, den-
35 tist and other health care professionals.
36 (b) The right to select the pharmacy or pharmacist of his their choice so
37 long as it meets the statute and rules governing residential care or
38 assisted living and the policies and procedures of the residential care or
39 assisted living facility.
40 (c) The right to confidentiality and privacy concerning his medical or
41 dental condition and treatment.
42 (d) The right to refuse medical services based on informed decision mak-
43 ing. Refusal of treatment does not relieve the facility of its obligations
44 under this chapter.
45 (13) Grievances. Each resident shall have the right to voice grievances
46 with respect to treatment or care that is (or fails to be) furnished, without
47 discrimination or reprisal for voicing the grievances and the right to prompt
48 efforts by the facility to resolve grievances the resident may have, including
49 those with respect to the behavior of other residents.
50 (14) Participation in resident and family groups. Each resident shall have
51 the right to organize and participate in resident groups in the facility and
52 the right of the resident's family to meet in the facility with the families
53 of other residents in the facility.
54 (15) Participation in other activities. Each resident shall have the right
55 to participate in social, religious, and community activities that do not
13
1 interfere with the rights of other residents in the facility.
2 (16) Examination of survey results. Each resident shall have the right to
3 examine, upon reasonable request, the results of the most recent survey of the
4 facility conducted by the department with respect to the facility and any plan
5 of correction in effect with respect to the facility.
6 (17) Access by advocates and representatives. A residential care or
7 assisted living facility shall permit advocates and representatives of commu-
8 nity legal services programs, whose purposes include rendering assistance
9 without charge to residents, to have access to the facility at reasonable
10 times in order to:
11 (a) Visit, talk with, and make personal, social and legal services avail-
12 able to all residents.
13 (b) Inform residents of their rights and entitlements, and their corre-
14 sponding obligations, under state, federal and local laws by distribution
15 of educational materials and discussion in groups and with individuals.
16 (c) Assist residents in asserting their legal rights regarding claims for
17 public assistance, medical assistance and social security benefits, and in
18 all other matters in which residents are aggrieved, which may be provided
19 individually, or in a group basis, and may include organizational activ-
20 ity, counseling and litigation.
21 (d) Engage in all other methods of assisting, advising and representing
22 residents so as to extend to them the full enjoyment of their rights.
23 (e) Communicate privately and without restrictions with any resident who
24 consents to the communication.
25 (f) Observe all common areas of the facility.
26 (18) Access by protection and advocacy system. A residential care or
27 assisted living facility shall permit advocates and representatives of the
28 protection and advocacy system designated by the governor pursuant to 42
29 U.S.C. section 15043 and 42 U.S.C. section 10801 et seq. access to residents,
30 facilities and records in accordance with applicable federal statutes and reg-
31 ulations.
32 (19) Access by the long-term care ombudsman. A residential care or
33 assisted living facility shall permit advocates and representatives of the
34 long-term care ombudsman program pursuant to 42 U.S.C. section 3058, section
35 67-5009, Idaho Code, and IDAPA 15.01.03, rules of the office on aging, access
36 to residents, facilities and records in accordance with applicable federal and
37 state law, rules and regulations.
38 (20) Other rights. Each resident shall have any other right established
39 by the department.
40 SECTION 15. That Section 39-3318, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 39-3318. FACILITY RESPONSE TO INCIDENTS AND COMPLAINTS. (1) In addition
43 to any other requirements of this chapter, the licensed residential care or
44 assisted living facility shall provide a procedure approved by the licensing
45 agency for immediate response to incidents and complaints. This procedure
46 shall include a method of assuring that the owner, licensee, or person desig-
47 nated by the owner or licensee is notified of the incident, that the owner,
48 licensee, or person designated by the owner or licensee administrator or des-
49 ignee has personally investigated the matter, and that the person making the
50 complaint or reporting the incident has received a response of action taken or
51 a reason why no action needs to be taken. In the case of anonymous complaints,
52 the administrator/operator or designee shall document the action taken or a
53 reason why no action needs to be taken.
14
1 (2) In order to assure the opportunity for complaints from the residents,
2 the neighborhood, and the community to be made directly to the owner, licen-
3 see, or person designated by the owner or licensee administrator or designee,
4 each facility shall, establish a regular time when the owner, licensee, or
5 person designated by the owner or licensee will be present to respond to such
6 incidents or complaints within a reasonable period of time, meet with a com-
7 plainant.
8 SECTION 16. That Section 39-3321, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-3321. QUALIFICATIONS AND REQUIREMENTS OF ADMINISTRATOR/OPERATOR. Each
11 licensed residential care or assisted living facility must employ at least one
12 (1) full-time administrator licensed by the board bureau of occupational
13 licensing, which is responsible for licensing residential care facility admin-
14 istrators for the state of Idaho. who:
15 (1) Is of good moral and responsible character and has not been con-
16 victed, or is not under the influence or control of anyone convicted, of:
17 (a) A criminal offense related to the delivery of an item or service
18 under medicare, medicaid or other state health care program; or
19 (b) A criminal offense related to the neglect or abuse of a patient, in
20 connection with the delivery of a health care item or service; or
21 (c) A criminal offense related to fraud, theft, embezzlement, breach of
22 fiduciary responsibility, or other financial misconduct; or
23 (d) A criminal offense resulting in death or injury to a person.
24 (2) Has sufficient physical, emotional, and mental capacity to carry out
25 the requirements of this chapter.
26 (3) Has sufficient management and administrative ability to carry out the
27 requirements of this chapter.
28 Multiple facilities under one (1) administrator may be allowed by the
29 department based on an approved plan of operation.
30 SECTION 17. That Section 39-3322, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-3322. QUALIFICATIONS AND REQUIREMENTS FOR FACILITY STAFF. (1) Each
33 facility must employ or arrange for sufficient trained staff to fully meet the
34 needs of its residents and the requirements of this chapter. The facility
35 shall have sufficient staff to provide care during all hours required in each
36 resident's negotiated service plan. Additional staff may be required if physi-
37 cal plant and disability of residents indicate that staff assistance in emer-
38 gencies is required. Benchmarks shall be established in the assessment crite-
39 ria where the need for certified nursing assistants or licensed nurses is
40 indicated. Licensed rResidential care or assisted living facilities shall not
41 retain residents who require the care provided by nursing facilities under
42 section 39-1301(b), Idaho Code, other than for short exceptional stays pursu-
43 ant to negotiated rulemaking as defined in chapter 52, title 67, Idaho Code.
44 (2) Should a residential care or assisted living facility choose not to
45 carry professional liability insurance, that information shall be disclosed,
46 in writing, to employees at the time of hiring.
47 SECTION 18. That Section 39-3324, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 39-3324. STAFF TRAINING. All employees of a licensed residential care or
15
1 assisted living facility shall receive department approved orientation and
2 continuing education pertinent to their job responsibilities.
3 SECTION 19. That Section 39-3325, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 39-3325. REQUIREMENTS FOR LOCATION AND PHYSICAL ENVIRONMENT OF FACILI-
6 TIES. (1) Licensed residential or assisted living facilities shall:
7 (a1) Be located in geographical areas which are accessible to supportive
8 services and are free from conditions which would pose a danger to the
9 residents.
10 (b2) Be maintained internally and externally in good repair and condition
11 in such a manner as to be free from fire and/or safety hazards.
12 (c) Be maintained in a clean and sanitary manner, including proper sewage
13 disposal, food handling, and hygiene practices.
14 (d) Be maintained in such a manner as to be free from fire/safety haz-
15 ards.
16 (2) The department shall promulgate rules concerning physical structure,
17 fire safety, health and sanitation, household items and furnishings, diet,
18 self-administered medications, and rooms.
19 SECTION 20. That Chapter 33, Title 39, Idaho Code, be, and the same is
20 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
21 ignated as Section 39-3326, Idaho Code, and to read as follows:
22 39-3326. MEDICATIONS. The medication policy governed by the policy and
23 procedure of the facility shall include a policy permitting, under the condi-
24 tions specified, a licensed nurse to fill individual dose systems such as
25 blister pack, mediset, or other system approved by the department. The policy
26 shall provide for appropriate records to maintain security of medications
27 received from a pharmacist in accordance with pharmacy standards. The licensed
28 nurse shall appropriately label the medication with name, dosage, amount and
29 time to be taken, and special instructions if appropriate.
30 SECTION 21. That Section 39-3330, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-3330. BOARD AND CARE ADVISORY COUNCIL. (1) The department shall estab-
33 lish a state level board and care advisory council consisting of twenty-two
34 (202) members appointed by the director organizations and/or agencies repre-
35 sented on the council. The director, or his designee, shall serve as chairman
36 of the council shall be elected from the membership. The members of the coun-
37 cil shall be:
38 (a) The representative of the department's adult services unit director
39 or his designee.
40 (b) The representative of the department's mental health unit or his des-
41 ignee.
42 (c) The representative of the department's developmental disabilities
43 unit or his designee.
44 (d) The state ombudsman for the elderly or his designee.
45 (ec) The director of the state protection and advocacy system or his des-
46 ignee.
47 (f) An advocate for mentally ill citizens in the state.
48 (g) An advocate for physically disabled citizens in the state.
49 (hd) The director of the state developmental disabilities council or his
16
1 designee.
2 (e) The director of the Idaho health care association or his designee.
3 (i) Four (4) administrators or licensees of licensed residential or
4 assisted living facilities, one (1) of whom shall be the president of the
5 state association representing residential or assisted living facilities
6 and two (2) of whom shall be designees representing such association.
7 (f) An advocate for citizens with mental illness in the state.
8 (g) Five (5) administrators or licensees of residential care or assisted
9 living facilities, one (1) of whom shall be the president of the state
10 association representing the largest number of residential care or
11 assisted living facilities in Idaho, two (2) of whom shall be designees
12 representing such associations, and two (2) at-large designees appointed
13 by the department. The administrators or licensees shall be selected so as
14 to represent residential care or assisted living facilities providing care
15 to the elderly, individuals with mental illness, and individuals with
16 developmental disabilities, respectively.
17 (jh) Four (4) certified family home providers, certified pursuant to this
18 chapter.
19 (ki) Three Six (36) residents, of licensed three (3) of whom reside in
20 residential care or assisted living facilities who are mentally ill,
21 developmentally disabled or physically disabled or individuals residing
22 and three (3) of whom reside in certified family homes. A resident may be
23 represented by his family member.
24 (j) The local representative of the American association of retired per-
25 sons (AARP).
26 (2) In appointing the first members of the council who are not state
27 agency representatives, the director shall appoint eight (8) members for a
28 term of two (2) years and seven (7) members for a term of three (3) years.
29 After the initial appointment, mMembers who are not state agency representa-
30 tives shall serve three (3) year terms. A vacancy shall be filled for the
31 remainder of the unexpired term from the same class of persons represented by
32 the outgoing member.
33 SECTION 22. That Section 39-3331, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 39-3331. POWERS AND DUTIES OF THE ADVISORY COUNCIL. The board and resi-
36 dential care or assisted living advisory council shall have the following
37 powers and duties:
38 (1) To make policy recommendations regarding the coordination of licens-
39 ing, certifying and enforcement standards in residential care or assisted liv-
40 ing facilities and certified family homes and the provision of services to
41 residents of residential care or assisted living facilities. and certified
42 family homes.
43 (2) To advise the department regarding methods for identification of
44 unlicensed residential or assisted living facilities and uncertified family
45 homes.
46 (3) To advise the agency during development and revision of rules.
47 (43) To review and comment upon proposed rules.
48 (54) To submit an annual report to the legislature stating opinions and
49 recommendations which would further the state's capability in addressing resi-
50 dential care or assisted living facility and certified family home issues.
51 SECTION 23. That Section 39-3332, Idaho Code, be, and the same is hereby
52 amended to read as follows:
17
1 39-3332. MEETINGS. The board and residential care or assisted living
2 advisory council shall meet as necessary but not less than two four (24)
3 times a year. Meetings of the council shall be open to the public. The depart-
4 ment shall provide:
5 (1) Staff necessary to assist the council in performing its duties.
6 (2) Space for meetings of the council.
7 SECTION 24. That Section 39-3333, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-3333. REIMBURSEMENT OF EXPENSES. Members of the board and residential
10 care and assisted living advisory council shall be reimbursed by the depart-
11 ment for their actual expenses incurred in the performance of their duties,
12 not to exceed the limits set forth in the state travel guidelines.
13 SECTION 25. That Section 39-3340, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 39-3340. LICENSING. OF RESIDENTIAL OR ASSISTED LIVING FACILITIES FOR THE
16 MENTALLY ILL, DEVELOPMENTALLY DISABLED AND PHYSICALLY DISABLED. After July 1,
17 1991, no (1) Any person, firm, partnership, association, governmental unit, or
18 corporation within the state and no state or local public agency shall propos-
19 ing to operate, establish, manage, conduct, or maintain a residential care or
20 assisted living facility in the state without a current valid shall have a
21 license issued by the licensing agency of the department. A license is not
22 transferable. The owner of the license has ultimate responsibility for the
23 operation of the facility.
24 (2) Each residential care or assisted living facility in the state
25 requires an administrator, properly licensed by the bureau of occupational
26 licensing, who is responsible for the day-to-day operation of the facility.
27 (3) A license is not transferable from one (1) individual to another,
28 from one (1) business entity to another, or from one (1) location to another.
29 When a change of operator, ownership, lease or location occurs, the facility
30 shall be relicensed, and the operator shall follow the application procedures,
31 and obtain a license, before commencing operation as a facility. When there is
32 a significant change in an owner's share of the facility, but which does not
33 alter the overall ownership or operation of the business, that change shall be
34 communicated to the licensing agency within sixty (60) days of the effective
35 date of the change. When the owner contracts the operation to a facility man-
36 agement company, other than for temporary management, it shall be treated as a
37 change of operator.
38 SECTION 26. That Section 39-3345, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-3345. DENIAL OR REVOCATION OF A LICENSE. The licensing agency may deny
41 the issuance of a license or revoke any license when persuaded by a preponder-
42 ance of evidence that such conditions exist as to endanger the health or
43 safety of any residents, or when the facility is not in substantial compliance
44 with any the provisions of this chapter or the rules promulgated pursuant to
45 this chapter.
46 SECTION 27. That Section 39-3349, Idaho Code, be, and the same is hereby
47 amended to read as follows:
18
1 39-3349. RESPONSIBILITY FOR INSPECTIONS AND LICENSING -- NONTRANSFERABIL-
2 ITY OF LICENSES TECHNICAL ASSISTANCE. The licensing agency shall inspect and
3 license provide technical assistance to residential care or assisted living
4 facilities. A license is not transferable The department may provide consult-
5 ing services upon request to any residential care or assisted living facility
6 to assist in the identification or correction of deficiencies and in the up-
7 grading of the quality of care provided by the facility.
8 SECTION 28. That Section 39-3351, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-3351. EXEMPTIONS. The provisions of this chapter do not apply to any
11 of the following:
12 (1) Any health facility as defined by chapter 13, title 39, Idaho Code.
13 (2) Any house, institution, hotel, congregate housing project, for the
14 elderly, retirement home or other similar place that is limited to providing
15 one (1) or more of the following: housing, meals, transportation, housekeep-
16 ing, or recreational and social activities; or that have has residents acces-
17 sing supportive services from an entity approved to provide such services in
18 Idaho and holding no legal ownership interest in the entity operating the
19 facility.
20 (3) Any arrangement for the receiving and care of persons by a relative.
21 (4) Any similar facility determined by the director.
22 SECTION 29. 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 services" if
30 it is unlicensed and not exempt from licensure, and any one (1) of the follow-
31 ing 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, devel-
39 opmentally disabled or physically disabled, the department shall refer resi-
40 dents to the appropriate placement or adult protective services agency if
41 either of 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
48 a misdemeanor punishable by imprisonment in a county jail not to exceed six
49 (6) months, or by a fine not to exceed five thousand dollars ($5,000).
50 (5) In the event the county attorney in the county where the alleged
51 violation occurred fails or refuses to act within thirty (30) days of notifi-
19
1 cation of the violation, the attorney general is authorized to prosecute
2 violations under the provisions of this section.
3 SECTION 30. That Section 39-3354, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 39-3354. WAIVER OR VARIANCE. The board shall provide by rule and regula-
6 tion a procedure whereby a temporary variance or a permanent waiver of a spe-
7 cific standard may be granted in the event that good cause is shown for such a
8 variance or waiver and providing that a variance or waiver of a standard does
9 not endanger the health and safety of any resident. The decision to grant a
10 variance or waiver shall not be considered as precedent or be given any force
11 of or effect in any other proceeding.
12 SECTION 31. That Section 39-3354A, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-3354A. SPECIAL WAIVER PERMITTED. The department may grant a special
15 waiver of the requirement for licensure as a residential care or assisted liv-
16 ing facility when it is deemed in the best interests of individuals and with
17 due consideration of the following criteria:
18 (1) The individuals are residents of a facility operated by a nonprofit
19 health care and/or housing organization established as such in the state of
20 Idaho and satisfying the requirements of U.S. Internal Revenue Code section
21 501(c) as a nonprofit;
22 (2) The support services required by the individuals are furnished by an
23 entity approved to provide such services in the state of Idaho in good stand-
24 ing as demonstrated by routine inspections required for the type of entity
25 providing services;
26 (3) Facilities seeking such waivers and providing meal service shall be
27 inspected and licensed as a food service establishment by the district health
28 department unless the meal service is provided by a kitchen already part of a
29 facility licensed by the department;
30 (4) The costs of obtaining the needed services from another source are
31 significantly greater and/or would pose a significant hardship on these indi-
32 viduals.
33 Any waiver granted under this section shall be reviewed annually and is
34 subject to inspection by the department to ensure safety and sanitation.
35 SECTION 32. That Section 39-3355, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 39-3355. INSPECTIONS. (1) The licensing agency shall cause to be made
38 such inspections and investigations at least every twelve (12) months to
39 determine compliance with this chapter and applicable rules.
40 (2) All inspections for such purposes will be made unannounced and with-
41 out prior notice at intervals determined by the licensing agency.
42 (3) An inspector shall have full access and authority to examine, among
43 other things, quality of care and service delivery, a facility's records, res-
44 ident accounts, physical premises, including buildings, grounds and equipment,
45 and any other areas necessary to determine compliance with this chapter and
46 applicable rules.
47 (4) An inspector shall have authority to interview the licensee, adminis-
48 trator/operator, staff and residents. Interviews with residents shall be con-
49 fidential and conducted privately unless otherwise specified by the resident.
20
1 (5) The licensing agency shall notify the facility, in writing, of all
2 deficiencies and shall approve a reasonable length of time for compliance by
3 the facility.
4 (6) Current lists of deficiencies, including plans of correction, shall
5 be available to the public upon request in the individual facilities or by
6 written request to the regional office of the department or the licensing
7 agency department.
8 SECTION 33. That the Heading for Chapter 35, Title 39, Idaho Code, be,
9 and the same is hereby amended to read as follows:
10 CHAPTER 35
11 RESIDENTIAL CARE FOR THE ELDERLY IDAHO CERTIFIED FAMILY HOMES
12 SECTION 34. That Chapter 35, Title 39, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 39-3501, Idaho Code, and to read as follows:
15 39-3501. LEGISLATIVE INTENT AND DECLARATION. The purpose of a certified
16 family home in Idaho is to provide a homelike alternative designed to allow
17 individuals to remain in a more normal family-styled living environment, usu-
18 ally within their own community. Certified family homes provide a home to
19 individuals who are elderly, individuals with a mental illness, developmental
20 disabilities, physical disabilities or to those unable to live alone, and
21 whose mental, emotional and physical condition can be met by the care provider
22 to delay the need for more expensive congregate care or other institutional
23 care. The home must obtain a waiver under section 39-1301A, Idaho Code, to
24 care for two (2) persons requiring care described in section 39-1301(b), Idaho
25 Code.
26 It is the intent of the legislature that certified family homes be avail-
27 able to meet the needs of those residing in these homes while providing a more
28 homelike environment focused on integrated community living rather than other
29 more restrictive environments and by recognizing the capabilities of individu-
30 als to direct their own care.
31 The certified family home shall be operated by a provider who has demon-
32 strated the knowledge and experience required to provide safe and appropriate
33 services to each resident of the certified family home. The provider shall
34 protect each resident's rights and provide appropriate services to meet each
35 resident's needs. For those residents whose care is not paid with public
36 funds, the certified family home shall conduct an objective, individualized
37 assessment to determine resident needs, develop a comprehensive negotiated
38 plan of service to meet those needs, deliver appropriate services to meet res-
39 ident needs and ensure resident rights are honored.
40 The department is responsible for monitoring and enforcing the provisions
41 of this chapter. This responsibility includes, but is not limited to: monitor-
42 ing the condition of the certified family home, ensuring that each resident
43 has an individualized written plan of care that includes activities of daily
44 living and support services, and managing enforcement procedures when viola-
45 tions occur.
46 SECTION 35. That Section 39-3502, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 39-3502. DEFINITIONS. As used in this chapter:
49 (1) "Abuse" means a nonaccidental act of sexual, physical or mental mis-
21
1 treatment or injury of a resident through the action or inaction of another
2 individual.
3 (2) "Activities of daily living" means the performance of basic self-care
4 activities in meeting an individual's needs to sustain him in a daily living
5 environment.
6 (2) "Administrator/operator" means any person who has responsibility for
7 day-to-day administration or operation of a licensed residential or assisted
8 living facility for the elderly.
9 (3) "Adult" means a person who has attained the age of eighteen (18)
10 years.
11 (43) "Advocate" means an authorized or designated representative of a
12 program or organization operating under federal or state mandate to represent
13 the interests of a population group served by the facility certified family
14 home.
15 (54) "Assessment" means the conclusion reached using uniform criteria
16 which identifies resident strengths, weaknesses, risks and needs, to include
17 functional, medical and behavioral. The assessment criteria shall be developed
18 by the department and relevant councils for determining a person's need for
19 care and services the advisory council.
20 (65) "Board" means the board of health and welfare.
21 (76) "Care provider" means an the adult member or members of the home
22 family responsible for maintaining the certified family home. The care pro-
23 vider(s) and the legal owner may not necessarily be the same person. The care
24 provider must live in the home.
25 (8) "Certificate" means a one (1) year certificate issued by the certify-
26 ing agent of the department to certified family homes complying with this
27 chapter.
28 (97) "Certified family home" means a family home family-styled living
29 environment in which two (2) or fewer adults are placed to live who are not
30 able to reside in their own home and who require family care, help in daily
31 living, protection and security, (may be referred to as a "home"). Notwith-
32 standing the foregoing, upon application by the owner the department may au-
33 thorize not more than four (4) adults to be placed in a certified family home
34 which is owner-occupied supervision, personal assistance and encouragement
35 toward independence.
36 (108) "Certifying agent" means a person acting under the authority of the
37 department to participate in the certification, inspection, and regulation of
38 a family home.
39 (9) "Chemical restraint" means any drug that is used for discipline or
40 convenience and not required to treat medical symptoms.
41 (110) "Client" means any person who receives financial aid and/or services
42 from an organized program of the department.
43 (12) "Continuing" means personal assistance services required over an
44 extended period of time.
45 (11) "Core issues" includes abuse, neglect, exploitation, inadequate care,
46 inoperable fire detection or extinguishing systems with no fire watch in place
47 pending the correction of the system, and situations in which advocates, rep-
48 resentatives and department certification staff are denied access to records,
49 residents, or the certified family home.
50 (132) "Department" means the Idaho department of health and welfare.
51 (143) "Director" means the director of the Idaho department of health and
52 welfare.
53 (15) "Facility" means a licensed residential or assisted living facility
54 for the elderly or certified family home.
55 (14) "Exploitation" means the misuse of a vulnerable adult's funds, prop-
22
1 erty or resources by another person for profit or advantage.
2 (165) "Governmental unit" means the state, any county, any city, other
3 political subdivision, or any department, division, board or other agency
4 thereof.
5 (176) "Home family" means all individuals related by blood, or marriage,
6 or adoption, other than residents, residing in the certified family home.
7 (17) "Inadequate care" means that a certified family home fails to imple-
8 ment the negotiated plan of service or provide for room, board, activities of
9 daily living, supervision, first aid, assistance and monitoring of
10 medications, emergency intervention, coordination of outside services, or a
11 safe living environment; and which facility engages in violations of resi-
12 dents' rights or takes residents who require more than the level of care they
13 can provide.
14 (18) "License" means a basic permit to operate a licensed residential or
15 assisted living facility for the elderly.
16 (19) "Licensee" means the holder of a license to operate a licensed resi-
17 dential or assisted living facility for the elderly under this chapter.
18 (20) "Licensing agency" means the unit of the department of health and
19 welfare that conducts inspections and surveys and issues licenses based on
20 compliance with this chapter.
21 (21) "Mixed populations" means that two (2) or more of the following popu-
22 lations: mentally ill, developmentally disabled, physically disabled, and/or
23 elderly, are provided care and/or housing within the facility.
24 (18) "Neglect" means failure to provide food, clothing, shelter, or medi-
25 cal care necessary to sustain life, health and desires of a resident.
26 (2219) "Negotiated service agreement" means the agreement reached by the
27 resident and/or their representative, if applicable, and the facility, based
28 on the assessment, physician's orders if any, admission records if any, and
29 desires of the client resident, and which outlines services to be provided and
30 the obligations of facility the certified family home and the resident.
31 (23) "Person" means any individual, firm, partnership, corporation, com-
32 pany, association or joint stock association, and the legal successor thereof.
33 (240) "Personal assistance" means the provision by the staff of the facil-
34 ity certified family home of one (1) or more of the following services:
35 (a) Assisting the resident with activities of daily living.
36 (b) Arranging for supportive services.
37 (c) Being aware of the resident's general whereabouts.
38 (d) Monitoring the activities of the resident while on the premises of
39 the facility to ensure the resident's health, safety and well-being.
40 (25) "Authorized provider" means an individual who is a nurse practitioner
41 or clinical nurse specialist, licensed by the Idaho state board of nursing, or
42 a physician assistant, licensed by the Idaho state board of medicine.
43 (261) "Political subdivision" means a city or county.
44 (272) "Representative of the department" means an employee of the depart-
45 ment.
46 (283) "Resident" means an adult who lives in a licensed residential or
47 assisted living facility or certified family home and who requires personal
48 assistance or supervision.
49 (29) "Residential or assisted living council for the elderly" means the
50 interdisciplinary group appointed by the director to advise the agency and
51 legislature on matters of policy relating to residential or assisted living
52 facilities for the elderly.
53 (30) "Residential or assisted living facility for the elderly" means a
54 facility or residence, however named, operated on either a profit or nonprofit
55 basis for the purpose of providing necessary supervision, personal assistance,
23
1 meals and lodging to three (3) or more elderly adults not related to the
2 owner.
3 (3124) "Room and board" means lodging and meals.
4 (3225) "Substantial compliance" means there are a certified family home
5 has no core issue deficiencies. which endanger the health, safety or welfare
6 of the residents. It also means deficiencies affecting resident welfare
7 including resident rights, resident property, and the opportunity, where
8 appropriate, to work and be involved in recreation and education opportunities
9 in the community.
10 (26) "Substitute caregiver" means an adult designated by the certified
11 family home provider to provide care and services in a certified family home
12 in the temporary absence of the regular care provider.
13 (3327) "Supervision" means administrative activity which provides the fol-
14 lowing: protection, guidance, knowledge of the resident's whereabouts and
15 assistance with monitoring activities. of daily living. The operator care pro-
16 vider is responsible for providing appropriate supervision based on each
17 resident's negotiated service agreement.
18 (3428) "Supportive services" means the specific services that are provided
19 to the resident in the community and that are required by the negotiated ser-
20 vice agreement or reasonably requested by the resident.
21 SECTION 36. That Section 39-3506, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 39-3506. STATE LICENSING CERTIFICATION TO SUPERSEDE LOCAL REGULATION. The
24 provisions of this chapter, and the rules promulgated pursuant to this chap-
25 ter, shall supersede any program of any political subdivision of the state
26 which licenses or sets standards for residential or assisted living facilities
27 for the elderly certified family homes.
28 SECTION 37. That Section 39-3507, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 39-3507. ADMISSIONS. (1) A licensed residential or assisted living facil-
31 ity for the elderly certified family home shall not admit or retain any resi-
32 dent requiring a level of services or type of service for which the facility
33 is not licensed or which the facility does not provide or arrange for, or if
34 the facility certified family home does not have the staff, appropriate in
35 numbers and with time or appropriate skills, to provide.
36 (2) The department shall develop rules governing admissions to licensed
37 residential or assisted living facilities for the elderly.
38 SECTION 38. That Section 39-3508, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-3508. ASSESSMENT. The department shall develop employ uniform assess-
41 ment criteria to assess functional and cognitive disability. The conclusions
42 shall be deemed the assessment and shall be used to provide appropriate place-
43 ment and funding for service needs. The assessment shall also be used to
44 ensure funding is cost-effective and appropriate when compared to other state
45 programs relevant to the needs of the client being assessed. The department
46 shall develop rules regarding:
47 (1) Qualifications of persons making assessments.
48 (2) Department's responsibility for state pay clients.
49 (3) Time frames for completing an assessment.
24
1 (4) Information to be included in an assessment.
2 (5) Use of an assessment in developing the negotiated service agreement.
3 (6) Use of assessments in determining facility staffing ratios.
4 (7) Use of assessments for determining the ability of provider and facil-
5 ity to meet residents' needs and special training or licenses that may be
6 required in caring for certain residents.
7 SECTION 39. That Section 39-3509, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-3509. NEGOTIATED SERVICE AGREEMENT OR PLAN OF SERVICE. (1) Each resi-
10 dent shall be provided a negotiated service agreement or plan of service to
11 provide for coordination of services and for guidance of the staff and manage-
12 ment of the facility care provider where the person resides. Upon completion,
13 the agreement shall clearly identify the resident and describe the services to
14 be provided to the resident and how such services are to be delivered.
15 (2) A negotiated service agreement shall be based on the person's:
16 (a) Assessment;
17 (b) Service needs for activities of daily living;
18 (c) Need for limited nursing services;
19 (d) Need for medication assistance;
20 (e) Frequency of needed services;
21 (f) Level of assistance, i.e., standby, reminding, total;
22 (g) Signature and approval of agreement; and
23 (h) Signing date that the plan was approved and date plan will be
24 reviewed.
25 (3) The residential contractor shall consult the resident, the resident's
26 family, friends, case manager and/or consumer coordinator in the development
27 of the resident's service agreement.
28 (4) A copy of the agreement shall be given to the resident and a copy
29 placed in the resident's records file no later than two (2) weeks from admis-
30 sion.
31 (5) A resident shall be given the choice and control of how and what ser-
32 vices the facility will provide, or external vendors will provide, to the
33 extent the resident can make choices.
34 (6) On an exception basis, a record shall be made of any changes or
35 inability to provide services outlined in the negotiated service agreement.
36 (7) The agreement shall include a statement regarding when there is no
37 need for access to external services.
38 SECTION 40. That Chapter 35, Title 39, Idaho Code, be, and the same is
39 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
40 ignated as Section 39-3511, Idaho Code, and to read as follows:
41 39-3511. ADVISORY COUNCIL. (1) The department shall establish a state
42 level advisory council consisting of twenty-two (22) members appointed by the
43 organizations and/or agencies represented on the council. The chairman of the
44 council shall be elected from the membership.
45 The members of the council shall be:
46 (a) The director or his designee;
47 (b) The state ombudsman for the elderly or his designee;
48 (c) The director of the state protection and advocacy system or his des-
49 ignee;
50 (d) The director of the state developmental disabilities council or his
51 designee;
25
1 (e) The director of the Idaho health care association or his designee;
2 (f) An advocate for citizens with mental illness in the state;
3 (g) Four (4) certified family home providers;
4 (h) Five (5) administrators or licensees of residential care or assisted
5 living facilities, one (1) of whom shall be the president of the state
6 association representing the largest number of residential care or
7 assisted living facilities in Idaho, two (2) of whom shall be designees
8 representing such associations, and two (2) at-large designees appointed
9 by the department. The administrators or licensees shall be selected so as
10 to represent residential care or assisted living facilities providing care
11 to the elderly, individuals with mental illness, and individuals with
12 developmental disabilities, respectively;
13 (i) Six (6) residents, three (3) of whom reside in residential care or
14 assisted living facilities and three (3) of whom reside in certified fam-
15 ily homes. A resident may be represented by his family member; and
16 (j) The local representative of the American association of retired per-
17 sons (AARP).
18 (2) Members who are not state agency representatives shall serve three
19 (3) year terms. A vacancy shall be filled for the remainder of the unexpired
20 term from the same class of persons represented by the outgoing member.
21 SECTION 41. That Section 39-3516, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 39-3516. RESIDENT RIGHTS. A licensed residential or assisted living
24 facility for the elderly certified family home must protect and promote the
25 rights of each resident, including each of the following rights:
26 (1) Resident records. Each facility certified family home must maintain
27 and keep current a record of the following information on each resident:
28 (a) A copy of the resident's current negotiated plan of service agreement
29 and physician's order history and physical that includes current
30 medications and special treatments.
31 (b) Written acknowledgement that the resident has received copies of the
32 rights.
33 (c) A record of all personal property and funds which the resident has
34 entrusted to the facility certified family home, including copies of
35 receipts for the property.
36 (d) Information about any specific health problems of the resident which
37 may be useful in a medical emergency.
38 (e) The name, address and telephone number of an individual identified by
39 the resident who should be contacted in the event of an emergency or death
40 of the resident.
41 (f) Any other health-related, emergency or pertinent information which
42 the resident requests the facility certified family home to keep on
43 record.
44 (g) The current admission agreement between the resident and the facility
45 certified family home.
46 (2) Privacy. Each resident must be assured the right to privacy with
47 regard to accommodations, medical and other treatment, written and telephone
48 communications, visits, and meetings of family and resident groups.
49 (3) Humane care and environment (dignity and respect).
50 (a) Each resident shall have the right to humane care and a humane envi-
51 ronment, including the following:
52 (i) The right to a diet which is consistent with any religious or
53 health-related restrictions.
26
1 (ii) The right to refuse a restricted diet.
2 (iii) The right to a safe and sanitary living environment.
3 (b) Each resident shall have the right to be treated with dignity and
4 respect, including:
5 (i) The right to be treated in a courteous manner by staff.
6 (ii) The right to receive a response from the facility certified
7 family home to any request of the resident within a reasonable time.
8 (4) Personal possessions. Each resident shall have the right to:
9 (a) Wear his own clothing.
10 (b) Determine his own dress or hair style.
11 (c) Retain and use his own personal property in his own living area so as
12 to maintain individuality and personal dignity.
13 (d) Be provided a separate storage area in his own living area and at
14 least one (1) locked lockable cabinet or drawer for keeping personal prop-
15 erty if requested by the resident.
16 (5) Personal funds. Residents whose board and care is paid for by public
17 assistance shall retain, for their personal use, the difference between their
18 total income and the applicable board and care allowance established by
19 department rules.
20 (a) A facility certified family home shall not require a resident to
21 deposit his personal funds with the facility certified family home.
22 (b) Once the facility certified family home accepts the written authori-
23 zation of the resident, the facility certified family home must hold,
24 safeguard and account for such personal funds under a system established
25 and maintained by the facility certified family home in accordance with
26 this subparagraph.
27 (6) Management of personal funds. Upon a facility's certified family
28 home's acceptance of written authorization of a resident, the facility certi-
29 fied family home must manage and account for the personal funds of the resi-
30 dent deposited with the facility as follows: certified family home.
31 (a) The facility must deposit any amount of a resident's personal funds
32 in excess of one hundred dollars ($100) in an interest-bearing account, or
33 accounts, that is separate from any of the facility's operating accounts
34 and credit all interest earned on such separate account to such account.
35 The facility must maintain any other personal funds in a noninterest-
36 bearing account or petty cash fund.
37 (b) The facility must assure a full and complete separate accounting of
38 each resident's personal funds, maintain a written record of all financial
39 transactions involving each resident's personal funds deposited with the
40 facility, and afford the resident, or a legal representative of the resi-
41 dent, reasonable access to such record.
42 (c) Upon the death of a resident with such an account, the facility cer-
43 tified family home must promptly convey the resident's personal funds, and
44 a final accounting of such funds, to the individual administering the
45 resident's estate. For clients of the department, the remaining balance of
46 funds shall be refunded to the department.
47 (7) Access and visitation rights. Each facility certified family home
48 must permit:
49 (a) Immediate access to any resident by any representative of the depart-
50 ment, by the state ombudsman for the elderly or his designee, or by the
51 resident's individual physician.
52 (b) Immediate access to a resident, subject to the resident's right to
53 deny or withdraw consent at any time, by immediate family or other rela-
54 tives.
55 (c) Immediate access to a resident, subject to reasonable restrictions
27
1 and the resident's right to deny or withdraw consent at any time, by
2 others who are visiting with the consent of the resident.
3 (d) Reasonable access to a resident by any entity or individual that pro-
4 vides health, social, legal or other services to the resident, subject to
5 the resident's right to deny or withdraw consent at any time.
6 (e) Access by protection and advocacy system. The certified family home
7 shall permit advocates and representatives of the protection and advocacy
8 system designated by the governor pursuant to 42 U.S.C. 15043 and 42
9 U.S.C. 10801 et seq. access to residents, certified family homes and
10 records in accordance with applicable federal law and regulations.
11 (8) Employment. Each resident shall have the right to refuse to perform
12 services for the facility certified family home except as contracted for by
13 the resident and the operator of the facility care provider of the home. If
14 the resident is hired by the facility certified family home to perform ser-
15 vices as an employee of the facility home, the wage paid to the resident shall
16 be consistent with state and federal law.
17 (9) Confidentiality. Each resident shall have the right to confidential-
18 ity of personal and clinical records.
19 (10) Freedom from abuse, neglect and restraints. Each resident shall have
20 the right to be free from physical, mental or sexual abuse, neglect, corporal
21 punishment, involuntary seclusion, and any physical or chemical restraints.
22 imposed for purposes of discipline or convenience.
23 (11) Freedom of religion. Each resident shall have the right to practice
24 the religion of his choice or to abstain from religious practice. Residents
25 shall also be free from the imposition of the religious practices of others.
26 (12) Control and receipt of health-related services. Each resident shall
27 have the right to control his receipt of health-related services, including:
28 (a) The right to retain the services of his own personal physician, den-
29 tist and other health care professionals.
30 (b) The right to select the pharmacy or pharmacist of his choice.
31 (c) The right to confidentiality and privacy concerning his medical or
32 dental condition and treatment.
33 (13) Grievances. Each resident shall have the right to voice grievances
34 with respect to treatment or care that is (or fails to be) furnished, without
35 discrimination or reprisal for voicing the grievances and the right to prompt
36 efforts by the facility certified family home to resolve grievances the resi-
37 dent may have, including those with respect to the behavior of other resi-
38 dents.
39 (14) Participation in resident and family groups. Each resident shall have
40 the right to organize and participate in resident groups in the facility and
41 the right of the resident's family to meet in the facility with the families
42 of other residents in the facility.
43 (15) Participation in other activities. Each resident shall have the right
44 to participate in social, religious and community activities that do not
45 interfere with the rights of other residents in the facility certified family
46 home.
47 (165) Examination of survey results home inspection reports. Each resident
48 shall have the right to examine, upon reasonable request, the results of the
49 most recent survey home inspection of the facility certified family home con-
50 ducted by the department with respect to the facility certified family home
51 and any plan of correction in effect with respect to the facility certified
52 family home.
53 (176) Other rights. Each resident shall have any other right established
54 by the department.
28
1 SECTION 42. That Section 39-3519, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-3519. ACCESS BY ADVOCATES AND REPRESENTATIVES. A licensed residential
4 or assisted living facility for the elderly certified family home shall permit
5 advocates and representatives of community legal services programs, including
6 the protection and advocacy system pursuant to 42 U.S.C. 15043 and 42 U.S.C.
7 10801 et seq., whose purposes include rendering assistance without charge to
8 residents, to have access to the facility certified family home at reasonable
9 times. in order to:
10 (1) Visit, talk with, and make personal, social and legal services avail-
11 able to all residents.
12 (2) Inform residents of their rights and entitlements, and their corre-
13 sponding obligations under state, federal and local laws by distribution of
14 educational materials and discussion in groups and with individuals.
15 (3) Assist residents in asserting their legal rights regarding claims for
16 public assistance, medical assistance and social security benefits, as well as
17 in all other matters in which residents are aggrieved, which may be provided
18 individually or in a group basis, and may include organizational activity,
19 counseling and litigation.
20 (4) Engage in all other methods of assisting, advising and representing
21 residents so as to extend to them the full enjoyment of their rights.
22 (5) Communicate privately and without restrictions with any resident who
23 consents to the communication.
24 (6) Observe all common areas of the facility.
25 SECTION 43. That Section 39-3561, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 39-356105. RULES. The board shall have the power and it shall be its duty
28 to promulgate appropriate rules necessary to implement and enforce the stan-
29 dards for certified family homes pursuant to this act including, but not lim-
30 ited to, the following:
31 (1) A home shall be certified for no more than two (2) adults, however,
32 upon an application by the owner and upon a finding by the department that
33 residents can be cared for safely and appropriately based on the residents'
34 specific needs, the department may authorize not more than four (4) adults to
35 be placed in a certified family home which is owner-occupied and which applies
36 to the department for the authorization. Certification as a four (4) resident
37 certified family home shall not be transferable to another person or entity.
38 Four (4) resident certified family homes shall be subject to all statutes and
39 rules governing certified family homes but shall not be subject to the resi-
40 dential care facility administrator licensing requirements of chapter 42,
41 title 54, Idaho Code, or section 39-3340, Idaho Code, licensing of residential
42 care or assisted living facilities for the individuals with mentally illness,
43 developmentally disabled disabilities and or physically disabled, disabili-
44 ties. or section 39-3540, Idaho Code, licensing of residential or assisted
45 living facilities for the elderly. This provision implementing four (4) resi-
46 dent certified family homes shall be effective on July 1, 2001. Prior to the
47 effective date, tThe department shall promulgate rules for four (4) resident
48 certified family homes through the negotiated rulemaking process. Nothing in
49 this subsection shall be construed to authorize increased group size for
50 providers of any form of care other than certified family homes.
51 (2) A care provider may be a couple or a single individual is the adult
52 who has applied to be the care provider and who is responsible for client care
29
1 and following the laws and rules of the certified family home program.
2 (3) A home cannot be approved as certified for family home care if it
3 also provides room and board for other persons. A waiver may be granted by the
4 department where a married couple wishes to live together in the same certi-
5 fied family home and one (1) member of the couple does not require certified
6 family home care.
7 (4) A home cannot be approved as a certified family home and for child
8 foster care at the same time, unless a waiver is granted by the department.
9 (5) The care provider must have sufficient income resources to maintain
10 the home and the services offered.
11 (6) Information obtained by the care provider shall be held confidential
12 except to representatives of the department to provide services or determine
13 compliance with this chapter or upon consent of the individual or his legal
14 guardian.
15 (7) Recordkeeping and reporting requirements as may be deemed necessary.
16 (8) Requirements to assure the safety and adequate care of residents to
17 include the recording of incidents and accidents.
18 (9) Until July 1, 1994, residential care facilities serving four (4) or
19 fewer residents and holding a valid license or with an application for a
20 license pending with the department as of July 1, 1994, shall have the option
21 of being certified as a certified family home. Certification as a certified
22 family home under this subsection shall not be transferable to another person
23 or entity. Certified family home providers certified under this subsection
24 shall not be subject to the licensing requirements of chapter 42, title 54,
25 Idaho Code, section 39-3340, Idaho Code, or section 39-3540, Idaho Code. This
26 provision in and of itself shall not be construed to authorize increased group
27 size for providers of any form of care other than certified family homes Man-
28 agement of medications.
29 (10) Inspections. The certifying agency may inspect and investigate certi-
30 fied family homes as necessary to determine compliance with this chapter and
31 the department's rules.
32 (11) Revocation of certification or other enforcement actions.
33 SECTION 44. That Section 39-3562, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 39-35620. APPLICATION FOR CERTIFICATION. An application for certification
36 shall be made to regional offices of the department upon forms provided by the
37 department and shall contain such information as the department reasonably
38 requires which will include a background check and fingerprinting with the
39 Idaho state police through the department. Following receipt of an applica-
40 tion, the department shall conduct a study, including a visit to the home, to
41 determine the capability of the provider to provide care as a certified family
42 home.
43 SECTION 45. That Section 39-3563, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 39-356321. ISSUANCE AND RENEWAL OF CERTIFICATION. Each certificate shall
46 be issued only for the home and provider named in the application and shall
47 not be transferable or assignable. Each certified family home is required to
48 renew its certification annually. The application for renewal shall be filed
49 with the regional office of the department within thirty (30) days prior to
50 the date of expiration. The existing certificate, unless suspended or revoked,
51 shall remain in force and effect until the department has acted upon the
30
1 application renewal when such application for renewal is timely filed.
2 SECTION 46. That Section 39-3564, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-356422. TEMPORARY PROVISIONAL CERTIFICATION. Upon initial investiga-
5 tion, should an applicant for a certificate be unable to meet a standard
6 because of conditions that are unlikely to endure beyond six (6) months, the
7 department may grant a temporary provisional certificate pending the satisfac-
8 tory correction of all deficiencies and provided that the deficiencies do not
9 jeopardize the health and safety of residents. No more than one (1) provi-
10 sional certificate shall be issued to the same certified family home in any
11 twelve (12) month period.
12 SECTION 47. That Section 39-3565, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-356523. DENIAL OR REVOCATION OF A CERTIFICATE. The department may deny
15 the issuance of a certificate or revoke any certificate when persuaded by a
16 preponderance of evidence that such conditions exist as to endanger the health
17 or safety of any resident, or when the home is not in substantial compliance
18 with the provisions of this chapter or rules promulgated pursuant to this
19 chapter.
20 SECTION 48. That Section 39-3566, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 39-356624. PROCEDURE FOR DENIAL OR REVOCATION OF A CERTIFICATE. Immedi-
23 ately upon the denial of any application for a certificate, or the revocation
24 of a certificate, the department shall notify the applicant in writing. Within
25 twenty-one (21) days after the department mails the notice, the applicant may
26 present his written petition for a hearing to the department. Upon receipt by
27 the department of the petition in proper form, the petition shall be set for
28 hearing. The proceedings shall be conducted in accordance with the Idaho
29 administrative procedure act and the department's has all the powers granted
30 therein rules.
31 SECTION 49. That Section 39-3567, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 39-356725. EFFECT OF PREVIOUS REVOCATION OR DENIAL OF A CERTIFICATE. The
34 department is not required to review the application of an applicant who has
35 had a certificate denied or revoked until five (5) years have elapsed from the
36 date of certificate denial, revocation, or appeals.
37 SECTION 50. That Section 39-3568, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-356826. RULES PROVIDED. Upon initial certification, certified family
40 homes shall be provided a printed copy of all applicable statutes and rules by
41 the department, without charge.
42 SECTION 51. That Chapter 35, Title 39, Idaho Code, be, and the same is
43 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
44 ignated as Section 39-3527, Idaho Code, and to read as follows:
31
1 39-3527. RESPONSIBILITY FOR INSPECTIONS AND TECHNICAL ASSISTANCE. The
2 certifying agency shall inspect and provide technical assistance to certified
3 family homes. The department may provide consulting services upon request to
4 any certified family home to assist in the identification and correction of
5 deficiencies and in the upgrading of the quality of care provided by the cer-
6 tified family home.
7 SECTION 52. That Section 39-3571, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-357128. OPERATING WITHOUT CERTIFICATION -- MISDEMEANOR. Any person who
10 operates a certified family home within the state without first obtaining cer-
11 tification as provided in this chapter shall be guilty of a misdemeanor.
12 SECTION 53. That Section 39-3575, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-357503. PAYMENT AGREEMENTS. Each care provider shall negotiate a writ-
15 ten, signed and dated agreement between the care provider and a resident spec-
16 ifying the amount of monthly payment to be paid by the resident and the method
17 for payment.
18 SECTION 54. That Section 39-3577, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-357713. TRAINING. The department shall insure assure that care
21 providers receive, at a minimum, training which shall include the rights of
22 the resident, and a basic understanding of the psychosocial and physical needs
23 of residents to be served. The department will specify require annual continu-
24 ing education requirements for care providers as defined by rules promulgated
25 pursuant to this chapter.
26 SECTION 55. That Section 39-3578, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 39-357804. PHYSICAL AND ENVIRONMENTAL STANDARDS. Standards shall be
29 developed through the regulatory process by the department to insure assure a
30 safe, sanitary and comfortable environment for residents of certified family
31 homes.
32 SECTION 56. That Section 39-3579, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 39-357910. SEPARABILITY. If any section, subsection, paragraph, sentence,
35 or any other part of this chapter is adjudged unconstitutional or invalid,
36 such judgment shall not affect, impair, or invalidate the remainder of this
37 chapter, but shall be confined to this section, subsection, paragraph, sen-
38 tence, or any other part of this chapter directly involved in the controversy
39 in which the judgment has been rendered.
40 SECTION 57. That Section 39-3580, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 39-358012. APPLICATION OF PROVISIONS. The provisions of section 39-3509,
43 Idaho Code, governing licensed residential or assisted living facilities,
32
1 shall also govern certified family homes. Any individual providing care and
2 housing commercially to the elderly, general public or individuals with mental
3 illness, developmental disabilities, or physical disabilities shall at a mini-
4 mum meet the requirements of this chapter or other provision of law governing
5 care and housing for the elderly, individuals with mental illness, developmen-
6 tal disabilities, or physical disabilities if those provisions are more
7 restrictive.
8 SECTION 58. That Section 63-701, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 63-701. DEFINITIONS. As used in this chapter:
11 (1) "Claimant" means a person who has filed a claim under the provisions
12 of sections 63-701 through 63-710, Idaho Code. Except as provided in section
13 63-702(2), Idaho Code, on January 1 of the year or before April 15 in which
14 the claim was filed a claimant must be an owner of a homestead and be:
15 (a) Not less than sixty-five (65) years old; or
16 (b) A child under the age of eighteen (18) years who is fatherless or
17 motherless or who has been abandoned by any surviving parent or parents;
18 or
19 (c) A widow or widower; or
20 (d) A disabled person who is recognized as disabled by the social secu-
21 rity administration pursuant to title 42 of the United States Code, or by
22 the railroad retirement board pursuant to title 45 of the United States
23 Code, or by the office of management and budget pursuant to title 5 of the
24 United States Code; or
25 (e) A disabled veteran of any war engaged in by the United States, whose
26 disability is recognized as a service-connected disability of a degree of
27 ten percent (10%) or more, or who has a pension for nonservice-connected
28 disabilities, in accordance with laws and regulations administered by the
29 United States veterans administration; or
30 (f) A person, as specified in 42 U.S.C. 1701, who was or is entitled to
31 receive benefits because he is known to have been taken by a hostile force
32 as a prisoner, hostage or otherwise; or
33 (g) Blind.
34 (2) "Homestead" means the dwelling, owner-occupied by the claimant as
35 described in this chapter and used as the primary dwelling place of the claim-
36 ant and may be occupied by any members of the household as their home, and so
37 much of the land surrounding it, not exceeding one (1) acre, as is reasonably
38 necessary for the use of the dwelling as a home. It may consist of a part of a
39 multidwelling or multipurpose building and part of the land upon which it is
40 built. "Homestead" does not include personal property such as furniture, fur-
41 nishings or appliances, but a manufactured home may be a homestead.
42 (3) "Household" means the claimant and the claimant's spouse. The term
43 does not include bona fide lessees, tenants, or roomers and boarders on con-
44 tract. "Household" includes persons described in subsection (8)(b) of this
45 section.
46 (4) "Household income" means all income received by the claimant and, if
47 married, all income received by the claimant's spouse, in a calendar year.
48 (5) "Income" means the sum of federal adjusted gross income as defined in
49 the Internal Revenue Code, as defined in section 63-3004, Idaho Code, and to
50 the extent not already included in federal adjusted gross income:
51 (a) Alimony;
52 (b) Support money;
53 (c) Nontaxable strike benefits;
33
1 (d) The nontaxable amount of any individual retirement account, pension
2 or annuity, (including railroad retirement benefits, all payments received
3 under the federal social security act except the social security death
4 benefit as specified in this subsection, state unemployment insurance
5 laws, and veterans disability pensions and compensation, excluding
6 rollovers as provided in section 402 or 403 of the Internal Revenue Code);
7 (e) Nontaxable interest received from the federal government or any of
8 its instrumentalities or a state government or any of its instrumentali-
9 ties;
10 (f) Worker's compensation; and
11 (g) The gross amount of loss of earnings insurance.
12 It does not include capital gains, gifts from nongovernmental sources or
13 inheritances. To the extent not reimbursed, the cost of medical care as
14 defined in section 213(d) of the Internal Revenue Code, incurred or paid by
15 the claimant and, if married, the claimant's spouse, may be deducted from
16 income. To the extent not reimbursed, personal funeral expenses, including
17 prepaid funeral expenses and premiums on funeral insurance, of the claimant
18 and claimant's spouse only, may be deducted from income up to an annual maxi-
19 mum of five thousand dollars ($5,000) per claim. "Income" does not include
20 veterans disability pensions received by a person described in subsection
21 (1)(e) who is a claimant or a claimant's spouse if the disability pension is
22 received pursuant to a service-connected disability of a degree of forty per-
23 cent (40%) or more. "Income" does not include lump sum death benefits made by
24 the social security administration pursuant to 42 U.S.C. section 402(i). Docu-
25 mentation of medical expenses may be required by the county assessor, board of
26 equalization and state tax commission in such form as the county assessor,
27 board of equalization or state tax commission shall determine. "Income" shall
28 be that received in the calendar year immediately preceding the year in which
29 a claim is filed. Where a claimant and/or the claimant's spouse does not file
30 a federal tax return, the claimant's and/or the claimant's spouse's federal
31 adjusted gross income, for purposes of this section, shall be an income equiv-
32 alent to federal adjusted gross income had the claimant and/or the claimant's
33 spouse filed a federal tax return, as determined by the county assessor. The
34 county assessor, board of equalization or state tax commission may require
35 documentation of income in such form as each shall determine, including, but
36 not limited to: copies of federal or state tax returns and any attachments
37 thereto; and income reporting forms such as the W-2 and 1099.
38 (6) "Occupied" means actual use and possession.
39 (7) "Owner" means a person holding title in fee simple or holding a cer-
40 tificate of motor vehicle title (either of which may be subject to mortgage,
41 deed of trust or other lien) or who has retained or been granted a life estate
42 or who is a person entitled to file a claim under section 63-702, Idaho Code.
43 "Owner" shall also include any person who:
44 (a) Is the beneficiary of a revocable or irrevocable trust which is the
45 owner of such homestead and under which the claimant or the claimant's
46 spouse has the primary right of occupancy of the homestead; or
47 (b) Is a partner of a limited partnership, member of a limited liability
48 company or shareholder of a corporation if such entity holds title in fee
49 simple or holds a certificate of motor vehicle title and if the person
50 holds at least a five percent (5%) ownership in such entity, as determined
51 by the county assessor; or
52 (c) Has retained or been granted a life estate.
53 "Owner" includes a vendee in possession under a land sale contract. Any par-
54 tial ownership shall be considered as ownership for determining initial quali-
55 fication for property tax reduction benefits; however, the amount of property
34
1 tax reduction under section 63-704, Idaho Code, and rules promulgated pursuant
2 to section 63-705, Idaho Code, shall be computed on the value of the
3 claimant's partial ownership. "Partial ownership," for the purposes of this
4 section, means any one (1) person's ownership when property is owned by more
5 than one (1) person or where the homestead is held by an entity, as set forth
6 in this subsection, but more than one (1) person has the right of occupancy of
7 such homestead. A person holding either partial title in fee simple or holding
8 a certificate of motor vehicle title together with another person but who does
9 not occupy the dwelling as his primary dwelling place, shall not be considered
10 an owner for purposes of this section, if such person is a cosignatory of a
11 note secured by the dwelling in question and at least one (1) of the other
12 cosignatories of the note occupies the dwelling as his primary dwelling place.
13 The combined community property interests of both spouses shall not be consid-
14 ered partial ownership so long as the combined community property interests
15 constitute the entire ownership of the homestead, including where the spouses
16 are occupying a homestead owned by an entity, as set forth in this subsection,
17 and the spouses have the primary right of occupancy of the homestead. The pro-
18 portional reduction required under this subsection shall not apply to commu-
19 nity property interests. Where title to property is held by a person who has
20 died without timely filing a claim for property tax reduction, the estate of
21 the deceased person shall be the "owner," provided that the time periods dur-
22 ing which the deceased person held such title shall be attributed to the
23 estate for the computation of any time periods under subsection (8)(a) or
24 (8)(b) of this section.
25 (8) (a) "Primary dwelling place" means the claimant's dwelling place on
26 January 1 or before April 15 of the year for which the claim is made. The
27 primary dwelling place is the single place where a claimant has his true,
28 fixed and permanent home and principal establishment, and to which when-
29 ever the individual is absent he has the intention of returning. A claim-
30 ant must establish the dwelling to which the claim relates to be his pri-
31 mary dwelling place by clear and convincing evidence or by establishing
32 that the dwelling is where the claimant resided on January 1 or before
33 April 15 and:
34 (i) At least six (6) months during the prior year; or
35 (ii) The majority of the time the claimant owned the dwelling if
36 owned by the claimant less than one (1) year; or
37 (iii) The majority of the time after the claimant first occupied the
38 dwelling if occupied by the claimant for less than one (1) year. The
39 county assessor may require written or other proof of the foregoing
40 in such form as the county assessor may determine.
41 (b) Notwithstanding the provisions of paragraph (a) of this subsection,
42 the property upon which the claimant makes application shall be deemed to
43 be the claimant's primary dwelling place if the claimant is otherwise
44 qualified and resides in a care facility and does not allow the property
45 upon which the claimant has made application to be occupied by persons
46 paying a consideration to occupy the dwelling. Payment of utilities shall
47 not be payment of a consideration to occupy the dwelling. A claimant's
48 spouse who resides in a care facility shall be deemed to reside at the
49 claimant's primary dwelling place and to be a part of the claimant's
50 household. A care facility is a hospital, nursing facility or intermediate
51 care facility for the mentally retarded as defined in section 39-1301,
52 Idaho Code, or a facility as defined in section 39-3302(164), Idaho Code,
53 or a dwelling other than the one upon which the applicant makes applica-
54 tion where a claimant who is unable to reside in the dwelling upon which
55 the application is made lives and receives help in daily living, protec-
35
1 tion and security.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Sali
Seconded by Garrett
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 265
1 AMENDMENTS TO SECTION 4
2 On page 4 of the printed bill, in line 45, delete the word "includes" and
3 insert: "means"; on page 5, in line 8, delete "means" and insert: "occurs
4 when"; and also in line 8, delete "implement" and insert: "provide the ser-
5 vices required to meet the terms of"; in line 11, delete "and"; in line 12,
6 delete "which facility" and insert: "or"; in line 13, following "who" delete
7 the remainder of the line and insert: "have been admitted in violation of the
8 provisions of section 39-3307, Idaho Code."; and in line 23, following "life"
9 delete "," and insert: "and"; and also in line 23, delete "and desires".
10 AMENDMENTS TO SECTION 5
11 On page 6, in line 29, delete "level of payment." and insert: "level of
12 payment"; and in line 30, following "criteria:" insert: "reimbursement rate to
13 the service provider."; on page 7, in line 10, delete "Payment"; delete lines
14 11 and 12; in line 13, delete "another location." and insert: "Eligible par-
15 ticipants must be allowed to choose the facility or services that are appro-
16 priate to meet their medical needs and financial ability to pay."; and in line
17 14, following "department" insert: "through negotiated rulemaking".
18 AMENDMENT TO SECTION 6
19 On page 7, in line 23, following "disabilities" insert: "or dementia".
20 AMENDMENT TO SECTION 7
21 On page 7, in line 38, following the word "shall" insert: ", through
22 negotiated rulemaking,".
23 AMENDMENTS TO SECTION 9
24 On page 8, in line 15, delete "which may or may not be available at the
25 facility"; in line 16, delete "including" and insert: "to include"; and also
26 in line 16, following "benefits" delete the remainder of the line and in line
27 17, delete "informed decisions" and insert: "where applicable"; and also in
28 line 17, delete "may" and insert: "shall"; and also in line 17, delete "to
29 assure" and insert: "for"; and also in line 17, delete "notice".
30 AMENDMENTS TO SECTION 11
31 On page 9, in line 18, following "facility" delete "will" and insert:
32 "will shall"; and also in line 18, following "vendors" delete "will" and
33 insert: "will shall"; in line 19, delete "and they do not exceed the level of
34 care"; and in line 20, delete "licensing" and insert: ", so long as the
35 resident's choice does not violate the provisions of section 39-3307(1), Idaho
36 Code".
37 AMENDMENT TO SECTION 14
38 On page 13, in line 6, following "(17)" insert: "Other rights. Each resi-
2
1 dent shall have any other right established by the department."; and delete
2 lines 38 and 39.
3 AMENDMENTS TO SECTION 32
4 On page 19, in line 40, delete "All inspections" and insert: "All
5 iInspections"; and in line 41, following "notice" insert: "at the discretion
6 of the department and".
7 AMENDMENTS TO SECTION 35
8 On page 21, in line 45, delete "includes" and insert: "means"; on page 22,
9 in line 7, delete "means that" and insert: "occurs when"; and also in line 7,
10 delete "imple-"; in line 8, delete "ment" and insert: "provide the services
11 required to meet the terms of"; in line 11, delete "and which facility" and
12 insert: "or"; in line 12, following "who" delete the remainder of the line;
13 delete line 13, and insert: "have been admitted in violation of the provisions
14 of section 39-3507, Idaho Code."; in line 25, following "life" delete "," and
15 insert: "and"; and also in line 25, delete "and desires".
16 AMENDMENT TO SECTION 41
17 On page 27, delete lines 53 and 54, and insert: "(17) Other rights. Each
18 resident shall have any other right established by the department.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 265, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ASSISTED LIVING FACILITIES AND CERTIFIED FAMILY HOMES; REPEALING
3 SECTIONS 39-3310, 39-3311, 39-3319, 39-3320, 39-3341, 39-3342, 39-3343,
4 39-3344, 39-3346, 39-3347, 39-3348, 39-3350, 39-3353, 39-3359, 39-3370,
5 39-3371, 39-3372, 39-3373, 39-3374, 39-3375, 39-3376, 39-3377, 39-3378,
6 39-3379, 39-3380, 39-3381, 39-3382, 39-3383, 39-3384, 39-3385, 39-3386,
7 39-3387, 39-3388, 39-3389, 39-3392, 39-3393, 39-3501, 39-3503, 39-3504,
8 39-3505, 39-3510, 39-3511, 39-3513, 39-3514, 39-3515, 39-3517, 39-3518,
9 39-3520, 39-3521, 39-3522, 39-3523, 39-3524, 39-3525, 39-3530, 39-3531,
10 39-3532, 39-3533, 39-3540, 39-3541, 39-3542, 39-3543, 39-3544, 39-3545,
11 39-3546, 39-3547, 39-3548, 39-3549, 39-3550, 39-3551, 39-3552, 39-3553,
12 39-3554A, 39-3555, 39-3556, 39-3557, 39-3558, 39-3559, 39-3560, 39-3569,
13 39-3570, 39-3572, 39-3573, 39-3573A, 39-3574 AND 39-3576, IDAHO CODE;
14 AMENDING THE HEADING FOR CHAPTER 33, TITLE 39, IDAHO CODE; AMENDING SEC-
15 TION 39-3301, IDAHO CODE, TO REVISE LEGISLATIVE INTENT AND TO MAKE A TECH-
16 NICAL CORRECTION; AMENDING SECTION 39-3302, IDAHO CODE, TO FURTHER DEFINE
17 TERMS; AMENDING SECTION 39-3303, IDAHO CODE, TO CLARIFY PROVISIONS GOVERN-
18 ING PAYMENT LEVELS; AMENDING SECTION 39-3304, IDAHO CODE, TO PROVIDE COR-
19 RECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
20 39-3305, IDAHO CODE, TO SPECIFY ISSUES TO BE GOVERNED BY RULE; AMENDING
21 SECTION 39-3306, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SEC-
22 TION 39-3307, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO REQUIRE
23 NOTICE OF OPTIONS TO PROSPECTIVE RESIDENTS; AMENDING SECTION 39-3308,
24 IDAHO CODE, TO SPECIFY ASSESSMENT CRITERIA TO BE EMPLOYED; AMENDING SEC-
25 TION 39-3309, IDAHO CODE, TO REVISE CONTENT OF NEGOTIATED SERVICE AGREE-
26 MENT; AMENDING SECTION 39-3313, IDAHO CODE, TO GOVERN CONTENT OF ADMISSION
27 AGREEMENTS; AMENDING SECTION 39-3315, IDAHO CODE, TO GOVERN CONTENT OF
28 ADMISSION RECORDS; AMENDING SECTION 39-3316, IDAHO CODE, TO GOVERN RESI-
29 DENT RIGHTS AND TO MAKE TECHNICAL CHANGES; AMENDING SECTION 39-3318, IDAHO
30 CODE, TO GOVERN RESPONSE TO INCIDENTS AND COMPLAINTS; AMENDING SECTION
31 39-3321, IDAHO CODE, TO REQUIRE THAT ADMINISTRATORS MUST BE LICENSED;
32 AMENDING SECTION 39-3322, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND
33 TO REQUIRE NOTICE CONCERNING LIABILITY INSURANCE; AMENDING SECTION
34 39-3324, IDAHO CODE, TO GOVERN STAFF TRAINING REQUIREMENTS; AMENDING SEC-
35 TION 39-3325, IDAHO CODE, TO SPECIFY REQUIREMENTS FOR LOCATION AND PHYSI-
36 CAL ENVIRONMENT OF FACILITIES; AMENDING CHAPTER 33, TITLE 39, IDAHO CODE,
37 BY THE ADDITION OF A NEW SECTION 39-3326, IDAHO CODE, TO REQUIRE A POLICY
38 GOVERNING MEDICATIONS; AMENDING SECTION 39-3330, IDAHO CODE, TO PROVIDE
39 FOR THE ADVISORY COUNCIL AND TO SPECIFY MEMBERSHIP; AMENDING SECTION
40 39-3331, IDAHO CODE, TO PROVIDE POWERS AND DUTIES OF THE ADVISORY COUNCIL;
41 AMENDING SECTION 39-3332, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND
42 TO REQUIRE MEETINGS; AMENDING SECTION 39-3333, IDAHO CODE, TO GOVERN REIM-
43 BURSEMENT FOR EXPENSES OF MEMBERS; AMENDING SECTION 39-3340, IDAHO CODE,
44 TO REQUIRE LICENSING; AMENDING SECTION 39-3345, IDAHO CODE, TO PROVIDE
45 CORRECT TERMINOLOGY; AMENDING SECTION 39-3349, IDAHO CODE, TO SPECIFY
46 RESPONSIBILITY FOR INSPECTIONS AND TECHNICAL ASSISTANCE; AMENDING SECTION
2
1 39-3351, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNI-
2 CAL CORRECTION; AMENDING SECTION 39-3352, IDAHO CODE, TO PROVIDE CORRECT
3 TERMINOLOGY; AMENDING SECTION 39-3354, IDAHO CODE, TO PROVIDE CORRECT TER-
4 MINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-3354A,
5 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-3355,
6 IDAHO CODE, TO STRIKE CERTAIN INSPECTION REQUIREMENTS; AMENDING THE HEAD-
7 ING FOR CHAPTER 35, TITLE 39, IDAHO CODE; AMENDING CHAPTER 35, TITLE 39,
8 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-3501, IDAHO CODE, TO PRO-
9 VIDE A STATEMENT OF LEGISLATIVE INTENT; AMENDING SECTION 39-3502, IDAHO
10 CODE, TO FURTHER DEFINE TERMS; AMENDING SECTION 39-3506, IDAHO CODE, TO
11 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-3507, IDAHO CODE, TO GOV-
12 ERN ADMISSIONS; AMENDING SECTION 39-3508, IDAHO CODE, TO REVISE ASSESSMENT
13 CRITERIA; AMENDING SECTION 39-3509, IDAHO CODE, TO REVISE CONTENT OF THE
14 NEGOTIATED SERVICE AGREEMENT AND TO AUTHORIZE A PLAN OF SERVICE; AMENDING
15 CHAPTER 35, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
16 39-3511, IDAHO CODE, TO CREATE THE ADVISORY COUNCIL AND TO SPECIFY THE
17 MEMBERSHIP; AMENDING SECTION 39-3516, IDAHO CODE, TO GOVERN RESIDENT
18 RIGHTS; AMENDING SECTION 39-3519, IDAHO CODE, TO SPECIFY ACCESS BY ADVO-
19 CATES AND REPRESENTATIVES; AMENDING SECTION 39-3561, IDAHO CODE, TO REDES-
20 IGNATE THE SECTION AND TO GOVERN CONTENT OF RULES; AMENDING SECTION
21 39-3562, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO GOVERN BACKGROUND
22 CHECKS; AMENDING SECTION 39-3563, IDAHO CODE, TO REDESIGNATE THE SECTION;
23 AMENDING SECTION 39-3564, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
24 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-3565, IDAHO CODE, TO
25 REDESIGNATE THE SECTION; AMENDING SECTION 39-3566, IDAHO CODE, TO REDESIG-
26 NATE THE SECTION AND TO GOVERN PROCEDURE FOR DENIAL OR REVOCATION OF A
27 CERTIFICATE; AMENDING SECTIONS 39-3567 AND 39-3568, IDAHO CODE, TO REDES-
28 IGNATE THE SECTIONS; AMENDING CHAPTER 35, TITLE 39, IDAHO CODE, BY THE
29 ADDITION OF A NEW SECTION 39-3527, IDAHO CODE, TO PROVIDE RESPONSIBILITY
30 FOR INSPECTIONS AND TECHNICAL ASSISTANCE; AMENDING SECTION 39-3571, IDAHO
31 CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 39-3575, IDAHO CODE, TO
32 REDESIGNATE THE SECTION AND TO CLARIFY THE TYPE OF AGREEMENTS COVERED;
33 AMENDING SECTION 39-3577, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
34 AUTHORIZE RULES; AMENDING SECTION 39-3578, IDAHO CODE, TO REDESIGNATE THE
35 SECTION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-3579,
36 IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 39-3580, IDAHO
37 CODE, TO REDESIGNATE THE SECTION AND TO SPECIFY APPLICATION OF THE PROVI-
38 SIONS OF THIS CHAPTER; AND AMENDING SECTION 63-701, IDAHO CODE, TO CORRECT
39 A CODE CITATION.
40 Be It Enacted by the Legislature of the State of Idaho:
41 SECTION 1. That Sections 39-3310, 39-3311, 39-3319, 39-3320, 39-3341,
42 39-3342, 39-3343, 39-3344, 39-3346, 39-3347, 39-3348, 39-3350, 39-3353,
43 39-3359, 39-3370, 39-3371, 39-3372, 39-3373, 39-3374, 39-3375, 39-3376,
44 39-3377, 39-3378, 39-3379, 39-3380, 39-3381, 39-3382, 39-3383, 39-3384,
45 39-3385, 39-3386, 39-3387, 39-3388, 39-3389, 39-3392, 39-3393, 39-3501,
46 39-3503, 39-3504, 39-3505, 39-3510, 39-3511, 39-3513, 39-3514, 39-3515,
47 39-3517, 39-3518, 39-3520, 39-3521, 39-3522, 39-3523, 39-3524, 39-3525,
48 39-3530, 39-3531, 39-3532, 39-3533, 39-3540, 39-3541, 39-3542, 39-3543,
49 39-3544, 39-3545, 39-3546, 39-3547, 39-3548, 39-3549, 39-3550, 39-3551,
50 39-3552, 39-3553, 39-3554A, 39-3555, 39-3556, 39-3557, 39-3558, 39-3559,
51 39-3560, 39-3569, 39-3570, 39-3572, 39-3573, 39-3573A, 39-3574 and 39-3576,
52 Idaho Code, be, and the same are hereby repealed.
3
1 SECTION 2. That the Heading for Chapter 33, Title 39, Idaho Code, be, and
2 the same is hereby amended to read as follows:
3 CHAPTER 33
4 IDAHO BOARD AND RESIDENTIAL CARE OR ASSISTED LIVING ACT
5 SECTION 3. That Section 39-3301, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-3301. LEGISLATIVE INTENT AND DECLARATION. The purpose of a residential
8 care or assisted living facility in Idaho is to provide a humane, safe, and
9 home-like homelike living arrangement for persons who are mentally ill, devel-
10 opmentally disabled or physically disabled adults who need some assistance
11 with activities of daily living and personal care but do not require the level
12 of care identified under section 39-1301(b), Idaho Code, other than for short
13 exceptional stays meaning a treatment window designed to allow a resident to
14 receive treatment for a short term acute episode as determined by a licensed
15 professional nurse.
16 The state will encourage the development of facilities tailored to the
17 needs of individual populations which operate in integrated settings in commu-
18 nities where sufficient supportive services exist to provide the resident, if
19 appropriate, an opportunity to work and be involved in recreation and educa-
20 tion opportunities. alongside people who are not mentally ill, developmentally
21 disabled or physically disabled. Additional services can be made available in
22 the facility to meet the resident's identified needs Employment, recreational
23 and educational opportunities for people with disabilities shall be offered in
24 the most integrated setting consistent with their needs.
25 The facilities A residential care or assisted living facility shall be
26 operated and staffed by individuals who have the knowledge and experience
27 required to provide safe and appropriate services to all residents of the
28 facility. The operators shall protect the rights and provide appropriate ser-
29 vices to meet the needs of the individual residents.
30 The department will be responsible for monitoring and enforcing the provi-
31 sions of this chapter. This responsibility includes, but is not limited to,
32 monitoring the condition of the facility, the individualized, written plan of
33 care including activities of daily living and support services to be provided,
34 and the development of enforcement procedures when violations occur.
35 Nothing in this chapter is intended to reduce or eliminate any duty of the
36 department or any other public or private entity for provision of services for
37 any resident.
38 The administrator of the facility shall ensure that an objective,
39 individualized assessment to determine resident needs is conducted, develop a
40 comprehensive negotiated plan of care to meet those needs, deliver appropriate
41 services to meet resident needs, and ensure resident rights are honored.
42 SECTION 4. 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) "Abuse" means a nonaccidental act of sexual, physical or mental mis-
46 treatment or injury of a resident through the action or inaction of another
47 individual.
48 (2) "Activities of daily living" means the performance of basic self-care
49 activities in meeting an individual's needs to sustain him in a daily living
50 environment.
4
1 (23) "Administrator/operator" means any person who has responsibility an
2 individual, properly licensed by the bureau of occupational licensing, who is
3 responsible for day-to-day administration or operation of a licensed residen-
4 tial care or assisted living facility. which provides services to individuals
5 who are mentally ill, developmentally disabled or physically disabled.
6 (34) "Adult" means a person who has attained the age of eighteen (18)
7 years.
8 (45) "Advocate" means an authorized or designated representative of a
9 program or organization operating under federal or state mandate to represent
10 the interests of mentally ill, developmentally disabled, or elderly residents.
11 (56) "Assessment" means the conclusion reached using uniform criteria
12 which identifies resident strengths, weaknesses, risks and needs, to include
13 functional, medical and behavioral needs. The assessment criteria shall be
14 developed by the department and relevant residential care or assisted living
15 councils for determining a person's need for care and services.
16 (67) "Authorized provider" in this chapter means an individual who is a
17 nurse practitioner or clinical nurse specialist or a physician assistant.
18 (8) "Board" means the board of health and welfare.
19 (7) "Board and care council" means the interdisciplinary group appointed
20 by the director to advise the agency on matters of policy relating to residen-
21 tial or assisted living facilities and certified family homes.
22 (8) "Care provider" means an adult member of the home family responsible
23 for maintaining the certified family home. The care provider and the legal
24 owner may not necessarily be the same person.
25 (9) "Certificate" means a one (1) year certificate issued by the certify-
26 ing agent of the department to certified family homes complying with this
27 chapter.
28 (10) "Certified family home" means a family home in which two (2) or fewer
29 adults are placed to live who are not able to reside in their own home and who
30 require family care, help in daily living, protection, security, and encour-
31 agement toward independence (may be referred to as a "home"). Notwithstanding
32 the foregoing, upon application by the owner the department may authorize not
33 more than four (4) adults to be placed in a certified family home which is
34 owner-occupied.
35 (11) "Certifying agent" means a person acting under the authority of the
36 department to participate in the certification, inspection, and regulation of
37 a certified family home.
38 (12) "Client" means any person who receives financial aid and/or services
39 from an organized program of the department.
40 (13) "Continuing" means personal assistance services required over an
41 extended period of time.
42 (149) "Chemical restraint" means a medication used to control behavior or
43 to restrict freedom of movement and is not a standard treatment for the
44 resident's condition.
45 (10) "Core issues" means abuse, neglect, exploitation, inadequate care, a
46 situation in which the facility has operated for more than thirty (30) days
47 without a licensed administrator designated the responsibility for the day-to-
48 day operations of the facility, inoperable fire detection or extinguishing
49 systems with no fire watch in place pending the correction of the system, and
50 surveyors denied access to records, residents or facilities.
51 (11) "Department" means the Idaho department of health and welfare.
52 (152) "Director" means the director of the Idaho department of health and
53 welfare.
54 (13) "Exploitation" means the misuse of a resident's funds, property,
55 resources, identity or person for profit or advantage.
5
1 (164) "Facility" means a licensed residential care or assisted living
2 facility. or a certified family home.
3 (175) "Governmental unit" means the state, any county, any city, other
4 political subdivision, or any department, division, board, or other agency
5 thereof.
6 (18) "Home family" means all individuals related by blood or marriage,
7 other than residents, residing in the certified family home.
8 (16) "Inadequate care" occurs when a facility fails to provide the ser-
9 vices required to meet the terms of the negotiated service agreement or pro-
10 vide for room, board, activities of daily living, supervision, first aid,
11 assistance and monitoring of medications, emergency intervention, coordination
12 of outside services, a safe living environment; or engages in violations of
13 resident's rights, or takes residents who have been admitted in violation of
14 the provisions of section 39-3307, Idaho Code.
15 (197) "License" means a basic permit to operate a licensed residential
16 care or assisted living facility. which provides services to individuals who
17 are mentally ill, developmentally disabled or physically disabled.
18 (2018) "Licensee" means the holder owner of a license to operate a
19 licensed residential care or assisted living facility under this chapter.
20 (219) "Licensing agency" means the unit of the department of health and
21 welfare that conducts inspections and surveys and issues licenses based on
22 compliance with this chapter.
23 (20) "Neglect" means failure to provide food, clothing, shelter, or medi-
24 cal care necessary to sustain the life and health of a resident.
25 (221) "Negotiated service agreement" means the agreement reached by the
26 resident and/or their representative and the facility, based on the assess-
27 ment, physician's orders, if any, admission records, if any, and desires of
28 the clients resident, and which outlines services to be provided and the obli-
29 gations of the facility and the resident.
30 (23) "Authorized provider" means an individual who is a nurse practitioner
31 or clinical nurse specialist, licensed by the Idaho state board of nursing, or
32 a physician assistant, licensed by the Idaho state board of medicine.
33 (24) "Person" means any individual, firm, partnership, corporation, com-
34 pany, association or joint stock association, and the legal successor thereof.
35 (252) "Personal assistance" means the provision by the staff of the facil-
36 ity of one (1) or more of the following services:
37 (a) Assisting the resident with activities of daily living.
38 (b) Arranging for supportive services.
39 (c) Being aware of the resident's general whereabouts.
40 (d) Monitoring the activities of the resident while on the premises of
41 the facility to ensure the resident's health, safety and well-being.
42 (263) "Political subdivision" means a city or county.
43 (27) "Representative of the department" means an employee of the depart-
44 ment.
45 (284) "Resident" means an adult who lives in a licensed residential care
46 or assisted living facility. or a certified family home and who requires per-
47 sonal assistance or supervision.
48 (295) "Residential care or assisted living facility" means a facility or
49 residence, however named, operated on either a profit or nonprofit basis for
50 the purpose of providing necessary supervision, personal assistance, meals and
51 lodging to three (3) or more developmentally disabled, physically disabled or
52 mentally ill adults not related to the owner.
53 (3026) "Room and board" means lodging and meals.
54 (31) "Qualified mental health professional" means a person who is quali-
55 fied, by training and experience as defined by rules promulgated by the board,
6
1 to provide services to the mentally ill.
2 (32) "Qualified mental retardation professional" means a person who is
3 qualified, by training and experience as defined by rules promulgated by the
4 board, to provide services to the mentally retarded.
5 (3327) "Substantial compliance" means there are a facility has no core
6 issue deficiencies. which endanger the health, safety, or welfare of the resi-
7 dents. It also means deficiencies affecting resident welfare including resi-
8 dent rights, resident property, and the opportunity, where appropriate, to
9 work and be involved in recreation and education opportunities in the commu-
10 nity.
11 (3428) "Supervision" means administrative activity which provides the fol-
12 lowing: protection, guidance, knowledge of the resident's general whereabouts,
13 and assistance with activities of daily living. The operator is responsible
14 for providing appropriate supervision based on each resident's negotiated ser-
15 vice agreement The administrator is responsible for providing appropriate
16 supervision based on each resident's negotiated service agreement or other
17 legal requirements.
18 (3529) "Supportive services" means the specific services that are provided
19 to the resident in the community. and that are required by the negotiated ser-
20 vice agreement or reasonably requested by the resident.
21 SECTION 5. That Section 39-3303, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 39-3303. PAYMENT LEVELS. Clients of the department who are mentally ill,
24 developmentally disabled or physically disabled and are receiving financial
25 aid as set out in sections 56-207, 56-208 and 56-209a, Idaho Code, seeking
26 placement in a licensed residential care or assisted living facility or certi-
27 fied family home will be assessed by the department. Based upon the assessed
28 need, the specific types of services and supports required regarding their
29 need for specific types of services and supports. This assessment will deter-
30 mine the level of payment to be received by the resident according to the fol-
31 lowing criteria: reimbursement rate to the service provider.
32 (1) Level I. The client requires room, board, and supervision and may
33 require one (1) or more of the following:
34 (a) Minimal assistance with activities of daily living and nonmedical
35 personal assistance.
36 (b) Minimal assistance with mobility, i.e., client is independently
37 mobile.
38 (c) Minimal assistance in an emergency, i.e., client is capable of self-
39 preservation in an emergency.
40 (d) Minimal assistance with medications, i.e., client does not require
41 medication management or supervision.
42 (e) Minimal behavior management substantiated by the client's history.
43 (2) Level II. The client requires room, board, and supervision and may
44 require one (1) or more of the following:
45 (a) Moderate assistance with activities of daily living and nonmedical
46 personal assistance.
47 (b) Moderate assistance with mobility, but easily mobile with assistance.
48 (c) Moderate assistance in an emergency, but client is capable of self-
49 preservation with assistance.
50 (d) Moderate assistance with medications.
51 (e) Moderate assistance with behavior management.
52 (3) Level III. The client requires room, board, and staff up and awake on
53 a twenty-four (24) hour basis and may require one (1) or more of the follow-
7
1 ing:
2 (a) Extensive assistance with activities of daily living.
3 (b) Extensive personal assistance.
4 (c) Extensive assistance with mobility and may be immobile without exten-
5 sive assistance.
6 (d) Extensive assistance in an emergency and may be incapable of self-
7 preservation without assistance.
8 (e) Extensive assistance with and monitoring of medications.
9 (f) Extensive assistance with training and/or behavior management.
10 (4) Other levels and amounts as determined by the department pursuant to
11 negotiated rulemaking as defined in chapter 52, title 67, Idaho Code Eligible
12 participants must be allowed to choose the facility or services that are
13 appropriate to meet their medical needs and financial ability to pay. The
14 department shall promulgate rules outlining the payment policy and calcula-
15 tions for clients of the department through negotiated rulemaking.
16 SECTION 6. That Section 39-3304, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 39-3304. TYPES OF FACILITIES. The state will foster the development of,
19 and provide incentives for, licensed residential care or assisted living
20 facilities serving specific mentally ill and developmentally or physically
21 disabled populations which are small in size to provide for family and home-
22 like homelike arrangements. Small facilities of eight (8) beds or less for the
23 developmentally or physically disabled population individuals with developmen-
24 tal or physical disabilities or dementia and fifteen (15) beds or less for the
25 mentally ill population individual with mental illness will provide residents
26 with the opportunity for normalized and integrated living in typical homes in
27 neighborhoods and communities.
28 SECTION 7. That Section 39-3305, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 39-3305. RULES. (1) The board shall have the authority to adopt, amend,
31 repeal and enforce such reasonable rules as may be necessary or proper to
32 carry out the purpose and intent of this chapter which are designed to protect
33 the health, safety and individual rights of residents in licensed residential
34 care or assisted living facilities. and provide adequate nutrition, supervi-
35 sion, and therapeutic recreational activities and to enable tThe department to
36 shall exercise the powers and perform the duties conferred upon it by this
37 chapter, not inconsistent with any statute of this state. These rules and
38 standards shall be promulgated in accordance with the provisions of the Idaho
39 administrative procedure act. The department shall, through negotiated rule-
40 making, promulgate rules in the following areas:
41 (a) Minimum criteria for the assessment;
42 (b) Minimum criteria for the negotiated service agreement;
43 (c) Guidelines for the facility's physical environment and location;
44 (d) Criteria for the facility's license, to include:
45 (i) Initial license application criteria and procedures;
46 (ii) License renewal criteria, procedures and timing;
47 (iii) Inspection criteria and procedures;
48 (iv) Denial and revocation of license criteria and procedures; and
49 (v) Effect of previous revocation or denial of license.
50 (e) Remedy and enforcement provisions for noncompliance with statute.
51 (2) Rules shall be drafted and promulgated following negotiation with
8
1 interested providers, assisted living nurse associations and advocates.
2 SECTION 8. That Section 39-3306, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-3306. STATE LICENSING TO SUPERSEDE LOCAL REGULATION. This chapter and
5 the rules promulgated pursuant to this chapter shall supersede any program of
6 any political subdivision of the state which licenses or sets standards for
7 licensed residential care or assisted living facilities.
8 SECTION 9. That Section 39-3307, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-3307. ADMISSIONS. (1) A licensed residential care or assisted living
11 facility shall not admit or retain any resident requiring a level of services
12 or type of service for which the facility is not licensed or which the facil-
13 ity does not provide or arrange for, or if the facility does not have the
14 staff, appropriate in numbers and with appropriate skills, to provide. Pro-
15 spective residents will also be informed of options and rights available
16 through other programs, to include medicare benefits where applicable. The
17 department shall provide forms for this.
18 (2) The department shall develop rules governing admissions to licensed
19 residential care or assisted living facilities.
20 SECTION 10. That Section 39-3308, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 39-3308. ASSESSMENT. The department shall develop employ uniform assess-
23 ment criteria to assess function and cognitive disability. The conclusions
24 shall be deemed the assessment and shall be used to provide appropriate place-
25 ment and funding for service needs. The assessment shall also be used to
26 ensure funding is cost-effective and appropriate when compared to other state
27 programs relevant to the needs of the client being assessed. The department
28 shall develop rules regarding:
29 (1) Qualifications of persons making the assessments.
30 (2) Department's responsibility for state pay clients.
31 (3) Time frames for completing an assessment.
32 (4) Information to be included in an assessment.
33 (5) Use of an assessment in developing the negotiated service agreement.
34 (6) Use of assessments in determining facility staffing ratios.
35 (7) Use of assessments for determining the ability of provider and facil-
36 ity to meet residents' needs and special training or licenses that may be
37 required in caring for certain residents.
38 SECTION 11. That Section 39-3309, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-3309. NEGOTIATED SERVICE AGREEMENT. (1) Each resident shall be pro-
41 vided a negotiated service agreement to provide for coordination of services
42 and for guidance of the staff and management of the facility where the person
43 resides. Upon completion, the agreement shall clearly identify the resident
44 and describe the services to be provided to the resident and how such services
45 are to be delivered. The negotiated service agreement shall be reviewed at
46 least annually and upon any change in a diagnosis for the resident or other
47 condition requiring substantially different additional or replacement ser-
9
1 vices.
2 (2) A negotiated service agreement shall be based on the person's:
3 (a) Assessment;
4 (b) Service needs for activities of daily living;
5 (c) Need for limited nursing services;
6 (d) Need for medication assistance;
7 (e) Frequency of needed services;
8 (f) Level of assistance, i.e., standby, reminding, total;
9 (g) Signature and approval of agreement; and
10 (h) Signing date that the plan was approved and date plan will be
11 reviewed.
12 (3) The residential contractor administrator shall consult the resident,
13 the resident's family, friends, case manager and/or consumer coordinator, as
14 necessary, in the development of the resident's service agreement.
15 (4) A copy of the agreement shall be given to the resident and a copy
16 placed in the resident's records file no later than two (2) weeks from admis-
17 sion.
18 (5) A resident shall be given the choice and control of how and what ser-
19 vices the facility will shall provide, or external vendors will shall provide,
20 to the extent the resident can make choices, so long as the resident's choice
21 does not violate the provisions of section 39-3307(1), Idaho Code.
22 (6) On an exception basis, a record shall be made of any changes or
23 inability to provide services outlined in the negotiated service agreement.
24 (7) The agreement shall include a statement regarding when there is no
25 need for access to external services.
26 (8) There shall be documentation of refusal of certain treatments by com-
27 petent resident or legal health care representative.
28 SECTION 12. That Section 39-3313, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 39-3313. ADMISSION AGREEMENTS. (1) Upon admission to a licensed residen-
31 tial care or assisted living facility, the facility and the resident shall
32 enter into an admission agreement. The admission agreement shall clearly out-
33 line who is financially responsible for resident charges and shall clearly
34 outline the facility's resident discharge policies. The agreement shall be in
35 writing and shall be signed by both parties. The board shall promulgate rules
36 governing admission agreements which may be integrated with the negotiated
37 service agreement.
38 (2) A resident may be discharged for the following:
39 (a) A resident's failure to pay;
40 (b) The facility's inability to meet the resident's needs;
41 (c) The resident's needs are greater than the level of care provided by
42 the specific facility;
43 (d) The resident is a danger to himself or others.
44 (3) A resident shall have the right to appeal a discharge as established
45 by department rule.
46 (4) Should a residential care or assisted living facility choose not to
47 carry professional liability insurance, that information shall be disclosed,
48 in writing, to residents upon admission.
49 SECTION 13. That Section 39-3315, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 39-3315. ADMISSION RECORDS. (1) Records required for admission to a
10
1 facility shall be maintained and updated for administrative purposes only and
2 shall be confidential. Their availability, subject to Idaho department of
3 health and welfare rules, chapter 1, title 5, shall be limited to administra-
4 tion, professional consultants, the resident's physician or authorized pro-
5 vider, and representatives of the licensing agency. They shall include at
6 least the following information:
7 (1a) Name and social security number.
8 (2b) Permanent address if other than the facility.
9 (3c) Marital status and sex.
10 (4d) Birthplace and date of birth.
11 (5e) Name, address and telephone number of responsible agent or agency.
12 (6f) Personal physician or authorized provider. and dentist.
13 (7g) Admission date. and by whom admitted.
14 (8h) Results of a physical or health status examination performed by a
15 licensed physician or authorized provider within six (6) months prior to
16 admission.
17 (9i) A list of medications, treatments and diet prescribed for the resi-
18 dent which is signed and dated by the physician or authorized provider
19 giving the order(s).
20 (10) The results of an assessment of any developmentally disabled or men-
21 tally ill person which support the ability of the facility to meet the needs
22 of the resident.
23 (11) Psychosocial history, current within six (6) months prior to admis-
24 sion, completed by a licensed social worker, psychologist, psychiatrist, or
25 licensed physician for clients of the department. For residents who are either
26 developmentally disabled or mentally ill, the psychosocial history shall be
27 performed by either a qualified mental retardation professional or qualified
28 mental health professional.
29 (12j) Religious affiliation if resident chooses to so state.
30 (13k) Interested relatives and friends other than those in subsection
31 paragraph (5e) of this subsection. Names, addresses and telephone numbers
32 of family members and/or significant others.
33 (14l) Resident assessment.
34 (m) The results of any psychosocial evaluations or histories to ensure
35 all resident needs are being met.
36 (2) The resident's personal or religious preferences with respect to med-
37 ical treatment and medications shall be honored.
38 SECTION 14. That Section 39-3316, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-3316. RESIDENT RIGHTS. A licensed residential care or assisted living
41 facility must protect and promote the rights of each resident, including each
42 of the following rights:
43 (1) Resident records. Each facility must maintain and keep current a
44 record of the following information on each resident:
45 (a) A copy of the resident's current negotiated service agreement and
46 physician's order.
47 (b) Written acknowledgement that the resident has received copies of the
48 rights.
49 (c) A record of all personal property and funds which the resident has
50 entrusted to the facility, including copies of receipts for the property.
51 (d) Information about any specific health problems of the resident which
52 may be useful in a medical emergency.
53 (e) The name, address and telephone number of an individual identified by
11
1 the resident who should be contacted in the event of an emergency or death
2 of the resident.
3 (f) Any other health-related, emergency, or pertinent information which
4 the resident requests the facility to keep on record.
5 (g) The current admission agreement between the resident and the facil-
6 ity.
7 (2) Privacy. Each resident must be assured the right to privacy with
8 regard to accommodations, medical and other treatment, written and telephone
9 communications, visits, and meetings of family and resident groups.
10 (3) Humane care and environment (dignity and respect).
11 (a) Each resident shall have the right to humane care and a humane envi-
12 ronment, including the following:
13 1.(i) The right to a diet which is consistent with any religious or
14 health-related restrictions.
15 2.(ii) The right to refuse a restricted diet.
16 3.(iii) The right to a safe and sanitary living environment.
17 (b) Each resident shall have the right to be treated with dignity and
18 respect, including:
19 1.(i) The right to be treated in a courteous manner by staff.
20 2.(ii) The right to receive a response from the facility to any
21 request of the resident within a reasonable time.
22 (iii) The right to be communicated with, orally and/or in writing, in
23 a language they understand.
24 (4) Personal possessions. Each resident shall have the right to:
25 (a) Wear his own clothing.
26 (b) Determine his own dress or hair style.
27 (c) Retain and use his own personal property in his own living area so as
28 to maintain individuality and personal dignity.
29 (d) Be provided a separate storage area in his own living area and at
30 least one (1) locked cabinet or drawer for keeping personal property.
31 (5) Personal funds. Residents whose board and care is paid for by public
32 assistance shall retain, for their personal use, the difference between their
33 total income and the applicable board and care allowance established by
34 department rules.
35 (a) A facility shall not require a resident to deposit his personal funds
36 with the facility.
37 (b) Once the facility accepts the written authorization of the resident,
38 it must hold, safeguard, and account for such personal funds under a sys-
39 tem established and maintained by the facility in accordance with this
40 subparagraph.
41 (6) Management of personal funds. Upon a facility's acceptance of written
42 authorization of a resident, the facility must manage and account for the per-
43 sonal funds of the resident deposited with the facility as follows:
44 (a) The facility must deposit any amount of a resident's personal funds
45 in excess of one hundred dollars ($100) five (5) times the personal needs
46 allowance in an interest-bearing account (or accounts) that is separate
47 from any of the facility's operating accounts and credit all interest
48 earned on such separate account to such account. The facility must main-
49 tain any other personal funds in a noninterest-bearing account or petty
50 cash fund.
51 (b) The facility must assure a full and complete separate accounting of
52 each resident's personal funds, maintain a written record of all financial
53 transactions involving each resident's personal funds deposited with the
54 facility, and afford the resident (or a legal representative of the resi-
55 dent) reasonable access to such record.
12
1 (c) Upon the death of a resident with such an account, the facility must
2 promptly convey the resident's personal funds (and a final accounting of
3 such funds) to the individual administering the resident's estate. For
4 clients of the department, the remaining balance of funds shall be
5 refunded to the department.
6 (7) Access and visitation rights. Each facility must permit:
7 (a) Immediate access to any resident by any representative of the depart-
8 ment, by the state ombudsman for the elderly or his designees, or by the
9 resident's individual physician.
10 (b) Immediate access to a resident, subject to the resident's right to
11 deny or withdraw consent at any time, by immediate family or other rela-
12 tives.
13 (c) Immediate access to a resident, subject to reasonable restrictions
14 and the resident's right to deny or withdraw consent at any time, by
15 others who are visiting with the consent of the resident.
16 (d) Reasonable access to a resident by any entity or individual that pro-
17 vides health, social, legal, or other services to the resident, subject to
18 the resident's right to deny or withdraw consent at any time.
19 (8) Employment. Each resident shall have the right to refuse to perform
20 services for the facility except as contracted for by the resident and the
21 operator administrator of the facility. If the resident is hired by the facil-
22 ity to perform services as an employee of the facility, the wage paid to the
23 resident shall be consistent with state and federal law.
24 (9) Confidentiality. Each resident shall have the right to confidential-
25 ity of personal and clinical records.
26 (10) Freedom from abuse, neglect, and restraints. Each resident shall have
27 the right to be free from physical, mental or sexual abuse, neglect, corporal
28 punishment, involuntary seclusion, and any physical or chemical restraints.
29 imposed for purposes of discipline or convenience.
30 (11) Freedom of religion. Each resident shall have the right to practice
31 the religion of his choice or to abstain from religious practice. Residents
32 shall also be free from the imposition of the religious practices of others.
33 (12) Control and receipt of health-related services. Each resident shall
34 have the right to control his receipt of health-related services, including:
35 (a) The right to retain the services of his own personal physician, den-
36 tist and other health care professionals.
37 (b) The right to select the pharmacy or pharmacist of his their choice so
38 long as it meets the statute and rules governing residential care or
39 assisted living and the policies and procedures of the residential care or
40 assisted living facility.
41 (c) The right to confidentiality and privacy concerning his medical or
42 dental condition and treatment.
43 (d) The right to refuse medical services based on informed decision mak-
44 ing. Refusal of treatment does not relieve the facility of its obligations
45 under this chapter.
46 (13) Grievances. Each resident shall have the right to voice grievances
47 with respect to treatment or care that is (or fails to be) furnished, without
48 discrimination or reprisal for voicing the grievances and the right to prompt
49 efforts by the facility to resolve grievances the resident may have, including
50 those with respect to the behavior of other residents.
51 (14) Participation in resident and family groups. Each resident shall have
52 the right to organize and participate in resident groups in the facility and
53 the right of the resident's family to meet in the facility with the families
54 of other residents in the facility.
55 (15) Participation in other activities. Each resident shall have the right
13
1 to participate in social, religious, and community activities that do not
2 interfere with the rights of other residents in the facility.
3 (16) Examination of survey results. Each resident shall have the right to
4 examine, upon reasonable request, the results of the most recent survey of the
5 facility conducted by the department with respect to the facility and any plan
6 of correction in effect with respect to the facility.
7 (17) Other rights. Each resident shall have any other right established by
8 the department. Access by advocates and representatives. A residential care or
9 assisted living facility shall permit advocates and representatives of commu-
10 nity legal services programs, whose purposes include rendering assistance
11 without charge to residents, to have access to the facility at reasonable
12 times in order to:
13 (a) Visit, talk with, and make personal, social and legal services avail-
14 able to all residents.
15 (b) Inform residents of their rights and entitlements, and their corre-
16 sponding obligations, under state, federal and local laws by distribution
17 of educational materials and discussion in groups and with individuals.
18 (c) Assist residents in asserting their legal rights regarding claims for
19 public assistance, medical assistance and social security benefits, and in
20 all other matters in which residents are aggrieved, which may be provided
21 individually, or in a group basis, and may include organizational activ-
22 ity, counseling and litigation.
23 (d) Engage in all other methods of assisting, advising and representing
24 residents so as to extend to them the full enjoyment of their rights.
25 (e) Communicate privately and without restrictions with any resident who
26 consents to the communication.
27 (f) Observe all common areas of the facility.
28 (18) Access by protection and advocacy system. A residential care or
29 assisted living facility shall permit advocates and representatives of the
30 protection and advocacy system designated by the governor pursuant to 42
31 U.S.C. section 15043 and 42 U.S.C. section 10801 et seq. access to residents,
32 facilities and records in accordance with applicable federal statutes and reg-
33 ulations.
34 (19) Access by the long-term care ombudsman. A residential care or
35 assisted living facility shall permit advocates and representatives of the
36 long-term care ombudsman program pursuant to 42 U.S.C. section 3058, section
37 67-5009, Idaho Code, and IDAPA 15.01.03, rules of the office on aging, access
38 to residents, facilities and records in accordance with applicable federal and
39 state law, rules and regulations.
40 SECTION 15. That Section 39-3318, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 39-3318. FACILITY RESPONSE TO INCIDENTS AND COMPLAINTS. (1) In addition
43 to any other requirements of this chapter, the licensed residential care or
44 assisted living facility shall provide a procedure approved by the licensing
45 agency for immediate response to incidents and complaints. This procedure
46 shall include a method of assuring that the owner, licensee, or person desig-
47 nated by the owner or licensee is notified of the incident, that the owner,
48 licensee, or person designated by the owner or licensee administrator or des-
49 ignee has personally investigated the matter, and that the person making the
50 complaint or reporting the incident has received a response of action taken or
51 a reason why no action needs to be taken. In the case of anonymous complaints,
52 the administrator/operator or designee shall document the action taken or a
53 reason why no action needs to be taken.
14
1 (2) In order to assure the opportunity for complaints from the residents,
2 the neighborhood, and the community to be made directly to the owner, licen-
3 see, or person designated by the owner or licensee administrator or designee,
4 each facility shall, establish a regular time when the owner, licensee, or
5 person designated by the owner or licensee will be present to respond to such
6 incidents or complaints within a reasonable period of time, meet with a com-
7 plainant.
8 SECTION 16. That Section 39-3321, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-3321. QUALIFICATIONS AND REQUIREMENTS OF ADMINISTRATOR/OPERATOR. Each
11 licensed residential care or assisted living facility must employ at least one
12 (1) full-time administrator licensed by the board bureau of occupational
13 licensing, which is responsible for licensing residential care facility admin-
14 istrators for the state of Idaho. who:
15 (1) Is of good moral and responsible character and has not been con-
16 victed, or is not under the influence or control of anyone convicted, of:
17 (a) A criminal offense related to the delivery of an item or service
18 under medicare, medicaid or other state health care program; or
19 (b) A criminal offense related to the neglect or abuse of a patient, in
20 connection with the delivery of a health care item or service; or
21 (c) A criminal offense related to fraud, theft, embezzlement, breach of
22 fiduciary responsibility, or other financial misconduct; or
23 (d) A criminal offense resulting in death or injury to a person.
24 (2) Has sufficient physical, emotional, and mental capacity to carry out
25 the requirements of this chapter.
26 (3) Has sufficient management and administrative ability to carry out the
27 requirements of this chapter.
28 Multiple facilities under one (1) administrator may be allowed by the
29 department based on an approved plan of operation.
30 SECTION 17. That Section 39-3322, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-3322. QUALIFICATIONS AND REQUIREMENTS FOR FACILITY STAFF. (1) Each
33 facility must employ or arrange for sufficient trained staff to fully meet the
34 needs of its residents and the requirements of this chapter. The facility
35 shall have sufficient staff to provide care during all hours required in each
36 resident's negotiated service plan. Additional staff may be required if physi-
37 cal plant and disability of residents indicate that staff assistance in emer-
38 gencies is required. Benchmarks shall be established in the assessment crite-
39 ria where the need for certified nursing assistants or licensed nurses is
40 indicated. Licensed rResidential care or assisted living facilities shall not
41 retain residents who require the care provided by nursing facilities under
42 section 39-1301(b), Idaho Code, other than for short exceptional stays pursu-
43 ant to negotiated rulemaking as defined in chapter 52, title 67, Idaho Code.
44 (2) Should a residential care or assisted living facility choose not to
45 carry professional liability insurance, that information shall be disclosed,
46 in writing, to employees at the time of hiring.
47 SECTION 18. That Section 39-3324, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 39-3324. STAFF TRAINING. All employees of a licensed residential care or
15
1 assisted living facility shall receive department approved orientation and
2 continuing education pertinent to their job responsibilities.
3 SECTION 19. That Section 39-3325, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 39-3325. REQUIREMENTS FOR LOCATION AND PHYSICAL ENVIRONMENT OF FACILI-
6 TIES. (1) Licensed residential or assisted living facilities shall:
7 (a1) Be located in geographical areas which are accessible to supportive
8 services and are free from conditions which would pose a danger to the
9 residents.
10 (b2) Be maintained internally and externally in good repair and condition
11 in such a manner as to be free from fire and/or safety hazards.
12 (c) Be maintained in a clean and sanitary manner, including proper sewage
13 disposal, food handling, and hygiene practices.
14 (d) Be maintained in such a manner as to be free from fire/safety haz-
15 ards.
16 (2) The department shall promulgate rules concerning physical structure,
17 fire safety, health and sanitation, household items and furnishings, diet,
18 self-administered medications, and rooms.
19 SECTION 20. That Chapter 33, Title 39, Idaho Code, be, and the same is
20 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
21 ignated as Section 39-3326, Idaho Code, and to read as follows:
22 39-3326. MEDICATIONS. The medication policy governed by the policy and
23 procedure of the facility shall include a policy permitting, under the condi-
24 tions specified, a licensed nurse to fill individual dose systems such as
25 blister pack, mediset, or other system approved by the department. The policy
26 shall provide for appropriate records to maintain security of medications
27 received from a pharmacist in accordance with pharmacy standards. The licensed
28 nurse shall appropriately label the medication with name, dosage, amount and
29 time to be taken, and special instructions if appropriate.
30 SECTION 21. That Section 39-3330, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-3330. BOARD AND CARE ADVISORY COUNCIL. (1) The department shall estab-
33 lish a state level board and care advisory council consisting of twenty-two
34 (202) members appointed by the director organizations and/or agencies repre-
35 sented on the council. The director, or his designee, shall serve as chairman
36 of the council shall be elected from the membership. The members of the coun-
37 cil shall be:
38 (a) The representative of the department's adult services unit director
39 or his designee.
40 (b) The representative of the department's mental health unit or his des-
41 ignee.
42 (c) The representative of the department's developmental disabilities
43 unit or his designee.
44 (d) The state ombudsman for the elderly or his designee.
45 (ec) The director of the state protection and advocacy system or his des-
46 ignee.
47 (f) An advocate for mentally ill citizens in the state.
48 (g) An advocate for physically disabled citizens in the state.
49 (hd) The director of the state developmental disabilities council or his
16
1 designee.
2 (e) The director of the Idaho health care association or his designee.
3 (i) Four (4) administrators or licensees of licensed residential or
4 assisted living facilities, one (1) of whom shall be the president of the
5 state association representing residential or assisted living facilities
6 and two (2) of whom shall be designees representing such association.
7 (f) An advocate for citizens with mental illness in the state.
8 (g) Five (5) administrators or licensees of residential care or assisted
9 living facilities, one (1) of whom shall be the president of the state
10 association representing the largest number of residential care or
11 assisted living facilities in Idaho, two (2) of whom shall be designees
12 representing such associations, and two (2) at-large designees appointed
13 by the department. The administrators or licensees shall be selected so as
14 to represent residential care or assisted living facilities providing care
15 to the elderly, individuals with mental illness, and individuals with
16 developmental disabilities, respectively.
17 (jh) Four (4) certified family home providers, certified pursuant to this
18 chapter.
19 (ki) Three Six (36) residents, of licensed three (3) of whom reside in
20 residential care or assisted living facilities who are mentally ill,
21 developmentally disabled or physically disabled or individuals residing
22 and three (3) of whom reside in certified family homes. A resident may be
23 represented by his family member.
24 (j) The local representative of the American association of retired per-
25 sons (AARP).
26 (2) In appointing the first members of the council who are not state
27 agency representatives, the director shall appoint eight (8) members for a
28 term of two (2) years and seven (7) members for a term of three (3) years.
29 After the initial appointment, mMembers who are not state agency representa-
30 tives shall serve three (3) year terms. A vacancy shall be filled for the
31 remainder of the unexpired term from the same class of persons represented by
32 the outgoing member.
33 SECTION 22. That Section 39-3331, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 39-3331. POWERS AND DUTIES OF THE ADVISORY COUNCIL. The board and resi-
36 dential care or assisted living advisory council shall have the following
37 powers and duties:
38 (1) To make policy recommendations regarding the coordination of licens-
39 ing, certifying and enforcement standards in residential care or assisted liv-
40 ing facilities and certified family homes and the provision of services to
41 residents of residential care or assisted living facilities. and certified
42 family homes.
43 (2) To advise the department regarding methods for identification of
44 unlicensed residential or assisted living facilities and uncertified family
45 homes.
46 (3) To advise the agency during development and revision of rules.
47 (43) To review and comment upon proposed rules.
48 (54) To submit an annual report to the legislature stating opinions and
49 recommendations which would further the state's capability in addressing resi-
50 dential care or assisted living facility and certified family home issues.
51 SECTION 23. That Section 39-3332, Idaho Code, be, and the same is hereby
52 amended to read as follows:
17
1 39-3332. MEETINGS. The board and residential care or assisted living
2 advisory council shall meet as necessary but not less than two four (24)
3 times a year. Meetings of the council shall be open to the public. The depart-
4 ment shall provide:
5 (1) Staff necessary to assist the council in performing its duties.
6 (2) Space for meetings of the council.
7 SECTION 24. That Section 39-3333, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-3333. REIMBURSEMENT OF EXPENSES. Members of the board and residential
10 care and assisted living advisory council shall be reimbursed by the depart-
11 ment for their actual expenses incurred in the performance of their duties,
12 not to exceed the limits set forth in the state travel guidelines.
13 SECTION 25. That Section 39-3340, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 39-3340. LICENSING. OF RESIDENTIAL OR ASSISTED LIVING FACILITIES FOR THE
16 MENTALLY ILL, DEVELOPMENTALLY DISABLED AND PHYSICALLY DISABLED. After July 1,
17 1991, no (1) Any person, firm, partnership, association, governmental unit, or
18 corporation within the state and no state or local public agency shall propos-
19 ing to operate, establish, manage, conduct, or maintain a residential care or
20 assisted living facility in the state without a current valid shall have a
21 license issued by the licensing agency of the department. A license is not
22 transferable. The owner of the license has ultimate responsibility for the
23 operation of the facility.
24 (2) Each residential care or assisted living facility in the state
25 requires an administrator, properly licensed by the bureau of occupational
26 licensing, who is responsible for the day-to-day operation of the facility.
27 (3) A license is not transferable from one (1) individual to another,
28 from one (1) business entity to another, or from one (1) location to another.
29 When a change of operator, ownership, lease or location occurs, the facility
30 shall be relicensed, and the operator shall follow the application procedures,
31 and obtain a license, before commencing operation as a facility. When there is
32 a significant change in an owner's share of the facility, but which does not
33 alter the overall ownership or operation of the business, that change shall be
34 communicated to the licensing agency within sixty (60) days of the effective
35 date of the change. When the owner contracts the operation to a facility man-
36 agement company, other than for temporary management, it shall be treated as a
37 change of operator.
38 SECTION 26. That Section 39-3345, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-3345. DENIAL OR REVOCATION OF A LICENSE. The licensing agency may deny
41 the issuance of a license or revoke any license when persuaded by a preponder-
42 ance of evidence that such conditions exist as to endanger the health or
43 safety of any residents, or when the facility is not in substantial compliance
44 with any the provisions of this chapter or the rules promulgated pursuant to
45 this chapter.
46 SECTION 27. That Section 39-3349, Idaho Code, be, and the same is hereby
47 amended to read as follows:
18
1 39-3349. RESPONSIBILITY FOR INSPECTIONS AND LICENSING -- NONTRANSFERABIL-
2 ITY OF LICENSES TECHNICAL ASSISTANCE. The licensing agency shall inspect and
3 license provide technical assistance to residential care or assisted living
4 facilities. A license is not transferable The department may provide consult-
5 ing services upon request to any residential care or assisted living facility
6 to assist in the identification or correction of deficiencies and in the up-
7 grading of the quality of care provided by the facility.
8 SECTION 28. That Section 39-3351, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-3351. EXEMPTIONS. The provisions of this chapter do not apply to any
11 of the following:
12 (1) Any health facility as defined by chapter 13, title 39, Idaho Code.
13 (2) Any house, institution, hotel, congregate housing project, for the
14 elderly, retirement home or other similar place that is limited to providing
15 one (1) or more of the following: housing, meals, transportation, housekeep-
16 ing, or recreational and social activities; or that have has residents acces-
17 sing supportive services from an entity approved to provide such services in
18 Idaho and holding no legal ownership interest in the entity operating the
19 facility.
20 (3) Any arrangement for the receiving and care of persons by a relative.
21 (4) Any similar facility determined by the director.
22 SECTION 29. 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 services" if
30 it is unlicensed and not exempt from licensure, and any one (1) of the follow-
31 ing 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, devel-
39 opmentally disabled or physically disabled, the department shall refer resi-
40 dents to the appropriate placement or adult protective services agency if
41 either of 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
48 a misdemeanor punishable by imprisonment in a county jail not to exceed six
49 (6) months, or by a fine not to exceed five thousand dollars ($5,000).
50 (5) In the event the county attorney in the county where the alleged
51 violation occurred fails or refuses to act within thirty (30) days of notifi-
19
1 cation of the violation, the attorney general is authorized to prosecute
2 violations under the provisions of this section.
3 SECTION 30. That Section 39-3354, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 39-3354. WAIVER OR VARIANCE. The board shall provide by rule and regula-
6 tion a procedure whereby a temporary variance or a permanent waiver of a spe-
7 cific standard may be granted in the event that good cause is shown for such a
8 variance or waiver and providing that a variance or waiver of a standard does
9 not endanger the health and safety of any resident. The decision to grant a
10 variance or waiver shall not be considered as precedent or be given any force
11 of or effect in any other proceeding.
12 SECTION 31. That Section 39-3354A, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-3354A. SPECIAL WAIVER PERMITTED. The department may grant a special
15 waiver of the requirement for licensure as a residential care or assisted liv-
16 ing facility when it is deemed in the best interests of individuals and with
17 due consideration of the following criteria:
18 (1) The individuals are residents of a facility operated by a nonprofit
19 health care and/or housing organization established as such in the state of
20 Idaho and satisfying the requirements of U.S. Internal Revenue Code section
21 501(c) as a nonprofit;
22 (2) The support services required by the individuals are furnished by an
23 entity approved to provide such services in the state of Idaho in good stand-
24 ing as demonstrated by routine inspections required for the type of entity
25 providing services;
26 (3) Facilities seeking such waivers and providing meal service shall be
27 inspected and licensed as a food service establishment by the district health
28 department unless the meal service is provided by a kitchen already part of a
29 facility licensed by the department;
30 (4) The costs of obtaining the needed services from another source are
31 significantly greater and/or would pose a significant hardship on these indi-
32 viduals.
33 Any waiver granted under this section shall be reviewed annually and is
34 subject to inspection by the department to ensure safety and sanitation.
35 SECTION 32. That Section 39-3355, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 39-3355. INSPECTIONS. (1) The licensing agency shall cause to be made
38 such inspections and investigations at least every twelve (12) months to
39 determine compliance with this chapter and applicable rules.
40 (2) All iInspections for such purposes will be made unannounced and with-
41 out prior notice at the discretion of the department and at intervals deter-
42 mined by the licensing agency.
43 (3) An inspector shall have full access and authority to examine, among
44 other things, quality of care and service delivery, a facility's records, res-
45 ident accounts, physical premises, including buildings, grounds and equipment,
46 and any other areas necessary to determine compliance with this chapter and
47 applicable rules.
48 (4) An inspector shall have authority to interview the licensee, adminis-
49 trator/operator, staff and residents. Interviews with residents shall be con-
20
1 fidential and conducted privately unless otherwise specified by the resident.
2 (5) The licensing agency shall notify the facility, in writing, of all
3 deficiencies and shall approve a reasonable length of time for compliance by
4 the facility.
5 (6) Current lists of deficiencies, including plans of correction, shall
6 be available to the public upon request in the individual facilities or by
7 written request to the regional office of the department or the licensing
8 agency department.
9 SECTION 33. That the Heading for Chapter 35, Title 39, Idaho Code, be,
10 and the same is hereby amended to read as follows:
11 CHAPTER 35
12 RESIDENTIAL CARE FOR THE ELDERLY IDAHO CERTIFIED FAMILY HOMES
13 SECTION 34. That Chapter 35, Title 39, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 39-3501, Idaho Code, and to read as follows:
16 39-3501. LEGISLATIVE INTENT AND DECLARATION. The purpose of a certified
17 family home in Idaho is to provide a homelike alternative designed to allow
18 individuals to remain in a more normal family-styled living environment, usu-
19 ally within their own community. Certified family homes provide a home to
20 individuals who are elderly, individuals with a mental illness, developmental
21 disabilities, physical disabilities or to those unable to live alone, and
22 whose mental, emotional and physical condition can be met by the care provider
23 to delay the need for more expensive congregate care or other institutional
24 care. The home must obtain a waiver under section 39-1301A, Idaho Code, to
25 care for two (2) persons requiring care described in section 39-1301(b), Idaho
26 Code.
27 It is the intent of the legislature that certified family homes be avail-
28 able to meet the needs of those residing in these homes while providing a more
29 homelike environment focused on integrated community living rather than other
30 more restrictive environments and by recognizing the capabilities of individu-
31 als to direct their own care.
32 The certified family home shall be operated by a provider who has demon-
33 strated the knowledge and experience required to provide safe and appropriate
34 services to each resident of the certified family home. The provider shall
35 protect each resident's rights and provide appropriate services to meet each
36 resident's needs. For those residents whose care is not paid with public
37 funds, the certified family home shall conduct an objective, individualized
38 assessment to determine resident needs, develop a comprehensive negotiated
39 plan of service to meet those needs, deliver appropriate services to meet res-
40 ident needs and ensure resident rights are honored.
41 The department is responsible for monitoring and enforcing the provisions
42 of this chapter. This responsibility includes, but is not limited to: monitor-
43 ing the condition of the certified family home, ensuring that each resident
44 has an individualized written plan of care that includes activities of daily
45 living and support services, and managing enforcement procedures when viola-
46 tions occur.
47 SECTION 35. That Section 39-3502, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 39-3502. DEFINITIONS. As used in this chapter:
21
1 (1) "Abuse" means a nonaccidental act of sexual, physical or mental mis-
2 treatment or injury of a resident through the action or inaction of another
3 individual.
4 (2) "Activities of daily living" means the performance of basic self-care
5 activities in meeting an individual's needs to sustain him in a daily living
6 environment.
7 (2) "Administrator/operator" means any person who has responsibility for
8 day-to-day administration or operation of a licensed residential or assisted
9 living facility for the elderly.
10 (3) "Adult" means a person who has attained the age of eighteen (18)
11 years.
12 (43) "Advocate" means an authorized or designated representative of a
13 program or organization operating under federal or state mandate to represent
14 the interests of a population group served by the facility certified family
15 home.
16 (54) "Assessment" means the conclusion reached using uniform criteria
17 which identifies resident strengths, weaknesses, risks and needs, to include
18 functional, medical and behavioral. The assessment criteria shall be developed
19 by the department and relevant councils for determining a person's need for
20 care and services the advisory council.
21 (65) "Board" means the board of health and welfare.
22 (76) "Care provider" means an the adult member or members of the home
23 family responsible for maintaining the certified family home. The care pro-
24 vider(s) and the legal owner may not necessarily be the same person. The care
25 provider must live in the home.
26 (8) "Certificate" means a one (1) year certificate issued by the certify-
27 ing agent of the department to certified family homes complying with this
28 chapter.
29 (97) "Certified family home" means a family home family-styled living
30 environment in which two (2) or fewer adults are placed to live who are not
31 able to reside in their own home and who require family care, help in daily
32 living, protection and security, (may be referred to as a "home"). Notwith-
33 standing the foregoing, upon application by the owner the department may au-
34 thorize not more than four (4) adults to be placed in a certified family home
35 which is owner-occupied supervision, personal assistance and encouragement
36 toward independence.
37 (108) "Certifying agent" means a person acting under the authority of the
38 department to participate in the certification, inspection, and regulation of
39 a family home.
40 (9) "Chemical restraint" means any drug that is used for discipline or
41 convenience and not required to treat medical symptoms.
42 (110) "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 (11) "Core issues" means abuse, neglect, exploitation, inadequate care,
47 inoperable fire detection or extinguishing systems with no fire watch in place
48 pending the correction of the system, and situations in which advocates, rep-
49 resentatives and department certification staff are denied access to records,
50 residents, or the certified family home.
51 (132) "Department" means the Idaho department of health and welfare.
52 (143) "Director" means the director of the Idaho department of health and
53 welfare.
54 (15) "Facility" means a licensed residential or assisted living facility
55 for the elderly or certified family home.
22
1 (14) "Exploitation" means the misuse of a vulnerable adult's funds, prop-
2 erty or resources by another person for profit or advantage.
3 (165) "Governmental unit" means the state, any county, any city, other
4 political subdivision, or any department, division, board or other agency
5 thereof.
6 (176) "Home family" means all individuals related by blood, or marriage,
7 or adoption, other than residents, residing in the certified family home.
8 (17) "Inadequate care" occurs when a certified family home fails to pro-
9 vide the services required to meet the terms of the negotiated plan of service
10 or provide for room, board, activities of daily living, supervision, first
11 aid, assistance and monitoring of medications, emergency intervention, coordi-
12 nation of outside services, or a safe living environment; or engages in viola-
13 tions of residents' rights or takes residents who have been admitted in viola-
14 tion of the provisions of section 39-3507, Idaho Code.
15 (18) "License" means a basic permit to operate a licensed residential or
16 assisted living facility for the elderly.
17 (19) "Licensee" means the holder of a license to operate a licensed resi-
18 dential or assisted living facility for the elderly under this chapter.
19 (20) "Licensing agency" means the unit of the department of health and
20 welfare that conducts inspections and surveys and issues licenses based on
21 compliance with this chapter.
22 (21) "Mixed populations" means that two (2) or more of the following popu-
23 lations: mentally ill, developmentally disabled, physically disabled, and/or
24 elderly, are provided care and/or housing within the facility.
25 (18) "Neglect" means failure to provide food, clothing, shelter, or medi-
26 cal care necessary to sustain life and health of a resident.
27 (2219) "Negotiated service agreement" means the agreement reached by the
28 resident and/or their representative, if applicable, and the facility, based
29 on the assessment, physician's orders if any, admission records if any, and
30 desires of the client resident, and which outlines services to be provided and
31 the obligations of facility the certified family home and the resident.
32 (23) "Person" means any individual, firm, partnership, corporation, com-
33 pany, association or joint stock association, and the legal successor thereof.
34 (240) "Personal assistance" means the provision by the staff of the facil-
35 ity certified family home of one (1) or more of the following services:
36 (a) Assisting the resident with activities of daily living.
37 (b) Arranging for supportive services.
38 (c) Being aware of the resident's general whereabouts.
39 (d) Monitoring the activities of the resident while on the premises of
40 the facility to ensure the resident's health, safety and well-being.
41 (25) "Authorized provider" means an individual who is a nurse practitioner
42 or clinical nurse specialist, licensed by the Idaho state board of nursing, or
43 a physician assistant, licensed by the Idaho state board of medicine.
44 (261) "Political subdivision" means a city or county.
45 (272) "Representative of the department" means an employee of the depart-
46 ment.
47 (283) "Resident" means an adult who lives in a licensed residential or
48 assisted living facility or certified family home and who requires personal
49 assistance or supervision.
50 (29) "Residential or assisted living council for the elderly" means the
51 interdisciplinary group appointed by the director to advise the agency and
52 legislature on matters of policy relating to residential or assisted living
53 facilities for the elderly.
54 (30) "Residential or assisted living facility for the elderly" means a
55 facility or residence, however named, operated on either a profit or nonprofit
23
1 basis for the purpose of providing necessary supervision, personal assistance,
2 meals and lodging to three (3) or more elderly adults not related to the
3 owner.
4 (3124) "Room and board" means lodging and meals.
5 (3225) "Substantial compliance" means there are a certified family home
6 has no core issue deficiencies. which endanger the health, safety or welfare
7 of the residents. It also means deficiencies affecting resident welfare
8 including resident rights, resident property, and the opportunity, where
9 appropriate, to work and be involved in recreation and education opportunities
10 in the community.
11 (26) "Substitute caregiver" means an adult designated by the certified
12 family home provider to provide care and services in a certified family home
13 in the temporary absence of the regular care provider.
14 (3327) "Supervision" means administrative activity which provides the fol-
15 lowing: protection, guidance, knowledge of the resident's whereabouts and
16 assistance with monitoring activities. of daily living. The operator care pro-
17 vider is responsible for providing appropriate supervision based on each
18 resident's negotiated service agreement.
19 (3428) "Supportive services" means the specific services that are provided
20 to the resident in the community and that are required by the negotiated ser-
21 vice agreement or reasonably requested by the resident.
22 SECTION 36. That Section 39-3506, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-3506. STATE LICENSING CERTIFICATION TO SUPERSEDE LOCAL REGULATION. The
25 provisions of this chapter, and the rules promulgated pursuant to this chap-
26 ter, shall supersede any program of any political subdivision of the state
27 which licenses or sets standards for residential or assisted living facilities
28 for the elderly certified family homes.
29 SECTION 37. That Section 39-3507, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 39-3507. ADMISSIONS. (1) A licensed residential or assisted living facil-
32 ity for the elderly certified family home shall not admit or retain any resi-
33 dent requiring a level of services or type of service for which the facility
34 is not licensed or which the facility does not provide or arrange for, or if
35 the facility certified family home does not have the staff, appropriate in
36 numbers and with time or appropriate skills, to provide.
37 (2) The department shall develop rules governing admissions to licensed
38 residential or assisted living facilities for the elderly.
39 SECTION 38. That Section 39-3508, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 39-3508. ASSESSMENT. The department shall develop employ uniform assess-
42 ment criteria to assess functional and cognitive disability. The conclusions
43 shall be deemed the assessment and shall be used to provide appropriate place-
44 ment and funding for service needs. The assessment shall also be used to
45 ensure funding is cost-effective and appropriate when compared to other state
46 programs relevant to the needs of the client being assessed. The department
47 shall develop rules regarding:
48 (1) Qualifications of persons making assessments.
49 (2) Department's responsibility for state pay clients.
24
1 (3) Time frames for completing an assessment.
2 (4) Information to be included in an assessment.
3 (5) Use of an assessment in developing the negotiated service agreement.
4 (6) Use of assessments in determining facility staffing ratios.
5 (7) Use of assessments for determining the ability of provider and facil-
6 ity to meet residents' needs and special training or licenses that may be
7 required in caring for certain residents.
8 SECTION 39. That Section 39-3509, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-3509. NEGOTIATED SERVICE AGREEMENT OR PLAN OF SERVICE. (1) Each resi-
11 dent shall be provided a negotiated service agreement or plan of service to
12 provide for coordination of services and for guidance of the staff and manage-
13 ment of the facility care provider where the person resides. Upon completion,
14 the agreement shall clearly identify the resident and describe the services to
15 be provided to the resident and how such services are to be delivered.
16 (2) A negotiated service agreement shall be based on the person's:
17 (a) Assessment;
18 (b) Service needs for activities of daily living;
19 (c) Need for limited nursing services;
20 (d) Need for medication assistance;
21 (e) Frequency of needed services;
22 (f) Level of assistance, i.e., standby, reminding, total;
23 (g) Signature and approval of agreement; and
24 (h) Signing date that the plan was approved and date plan will be
25 reviewed.
26 (3) The residential contractor shall consult the resident, the resident's
27 family, friends, case manager and/or consumer coordinator in the development
28 of the resident's service agreement.
29 (4) A copy of the agreement shall be given to the resident and a copy
30 placed in the resident's records file no later than two (2) weeks from admis-
31 sion.
32 (5) A resident shall be given the choice and control of how and what ser-
33 vices the facility will provide, or external vendors will provide, to the
34 extent the resident can make choices.
35 (6) On an exception basis, a record shall be made of any changes or
36 inability to provide services outlined in the negotiated service agreement.
37 (7) The agreement shall include a statement regarding when there is no
38 need for access to external services.
39 SECTION 40. That Chapter 35, Title 39, Idaho Code, be, and the same is
40 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
41 ignated as Section 39-3511, Idaho Code, and to read as follows:
42 39-3511. ADVISORY COUNCIL. (1) The department shall establish a state
43 level advisory council consisting of twenty-two (22) members appointed by the
44 organizations and/or agencies represented on the council. The chairman of the
45 council shall be elected from the membership.
46 The members of the council shall be:
47 (a) The director or his designee;
48 (b) The state ombudsman for the elderly or his designee;
49 (c) The director of the state protection and advocacy system or his des-
50 ignee;
51 (d) The director of the state developmental disabilities council or his
25
1 designee;
2 (e) The director of the Idaho health care association or his designee;
3 (f) An advocate for citizens with mental illness in the state;
4 (g) Four (4) certified family home providers;
5 (h) Five (5) administrators or licensees of residential care or assisted
6 living facilities, one (1) of whom shall be the president of the state
7 association representing the largest number of residential care or
8 assisted living facilities in Idaho, two (2) of whom shall be designees
9 representing such associations, and two (2) at-large designees appointed
10 by the department. The administrators or licensees shall be selected so as
11 to represent residential care or assisted living facilities providing care
12 to the elderly, individuals with mental illness, and individuals with
13 developmental disabilities, respectively;
14 (i) Six (6) residents, three (3) of whom reside in residential care or
15 assisted living facilities and three (3) of whom reside in certified fam-
16 ily homes. A resident may be represented by his family member; and
17 (j) The local representative of the American association of retired per-
18 sons (AARP).
19 (2) Members who are not state agency representatives shall serve three
20 (3) year terms. A vacancy shall be filled for the remainder of the unexpired
21 term from the same class of persons represented by the outgoing member.
22 SECTION 41. That Section 39-3516, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-3516. RESIDENT RIGHTS. A licensed residential or assisted living
25 facility for the elderly certified family home must protect and promote the
26 rights of each resident, including each of the following rights:
27 (1) Resident records. Each facility certified family home must maintain
28 and keep current a record of the following information on each resident:
29 (a) A copy of the resident's current negotiated plan of service agreement
30 and physician's order history and physical that includes current
31 medications and special treatments.
32 (b) Written acknowledgement that the resident has received copies of the
33 rights.
34 (c) A record of all personal property and funds which the resident has
35 entrusted to the facility certified family home, including copies of
36 receipts for the property.
37 (d) Information about any specific health problems of the resident which
38 may be useful in a medical emergency.
39 (e) The name, address and telephone number of an individual identified by
40 the resident who should be contacted in the event of an emergency or death
41 of the resident.
42 (f) Any other health-related, emergency or pertinent information which
43 the resident requests the facility certified family home to keep on
44 record.
45 (g) The current admission agreement between the resident and the facility
46 certified family home.
47 (2) Privacy. Each resident must be assured the right to privacy with
48 regard to accommodations, medical and other treatment, written and telephone
49 communications, visits, and meetings of family and resident groups.
50 (3) Humane care and environment (dignity and respect).
51 (a) Each resident shall have the right to humane care and a humane envi-
52 ronment, including the following:
53 (i) The right to a diet which is consistent with any religious or
26
1 health-related restrictions.
2 (ii) The right to refuse a restricted diet.
3 (iii) The right to a safe and sanitary living environment.
4 (b) Each resident shall have the right to be treated with dignity and
5 respect, including:
6 (i) The right to be treated in a courteous manner by staff.
7 (ii) The right to receive a response from the facility certified
8 family home to any request of the resident within a reasonable time.
9 (4) Personal possessions. Each resident shall have the right to:
10 (a) Wear his own clothing.
11 (b) Determine his own dress or hair style.
12 (c) Retain and use his own personal property in his own living area so as
13 to maintain individuality and personal dignity.
14 (d) Be provided a separate storage area in his own living area and at
15 least one (1) locked lockable cabinet or drawer for keeping personal prop-
16 erty if requested by the resident.
17 (5) Personal funds. Residents whose board and care is paid for by public
18 assistance shall retain, for their personal use, the difference between their
19 total income and the applicable board and care allowance established by
20 department rules.
21 (a) A facility certified family home shall not require a resident to
22 deposit his personal funds with the facility certified family home.
23 (b) Once the facility certified family home accepts the written authori-
24 zation of the resident, the facility certified family home must hold,
25 safeguard and account for such personal funds under a system established
26 and maintained by the facility certified family home in accordance with
27 this subparagraph.
28 (6) Management of personal funds. Upon a facility's certified family
29 home's acceptance of written authorization of a resident, the facility certi-
30 fied family home must manage and account for the personal funds of the resi-
31 dent deposited with the facility as follows: certified family home.
32 (a) The facility must deposit any amount of a resident's personal funds
33 in excess of one hundred dollars ($100) in an interest-bearing account, or
34 accounts, that is separate from any of the facility's operating accounts
35 and credit all interest earned on such separate account to such account.
36 The facility must maintain any other personal funds in a noninterest-
37 bearing account or petty cash fund.
38 (b) The facility must assure a full and complete separate accounting of
39 each resident's personal funds, maintain a written record of all financial
40 transactions involving each resident's personal funds deposited with the
41 facility, and afford the resident, or a legal representative of the resi-
42 dent, reasonable access to such record.
43 (c) Upon the death of a resident with such an account, the facility cer-
44 tified family home must promptly convey the resident's personal funds, and
45 a final accounting of such funds, to the individual administering the
46 resident's estate. For clients of the department, the remaining balance of
47 funds shall be refunded to the department.
48 (7) Access and visitation rights. Each facility certified family home
49 must permit:
50 (a) Immediate access to any resident by any representative of the depart-
51 ment, by the state ombudsman for the elderly or his designee, or by the
52 resident's individual physician.
53 (b) Immediate access to a resident, subject to the resident's right to
54 deny or withdraw consent at any time, by immediate family or other rela-
55 tives.
27
1 (c) Immediate access to a resident, subject to reasonable restrictions
2 and the resident's right to deny or withdraw consent at any time, by
3 others who are visiting with the consent of the resident.
4 (d) Reasonable access to a resident by any entity or individual that pro-
5 vides health, social, legal or other services to the resident, subject to
6 the resident's right to deny or withdraw consent at any time.
7 (e) Access by protection and advocacy system. The certified family home
8 shall permit advocates and representatives of the protection and advocacy
9 system designated by the governor pursuant to 42 U.S.C. 15043 and 42
10 U.S.C. 10801 et seq. access to residents, certified family homes and
11 records in accordance with applicable federal law and regulations.
12 (8) Employment. Each resident shall have the right to refuse to perform
13 services for the facility certified family home except as contracted for by
14 the resident and the operator of the facility care provider of the home. If
15 the resident is hired by the facility certified family home to perform ser-
16 vices as an employee of the facility home, the wage paid to the resident shall
17 be consistent with state and federal law.
18 (9) Confidentiality. Each resident shall have the right to confidential-
19 ity of personal and clinical records.
20 (10) Freedom from abuse, neglect and restraints. Each resident shall have
21 the right to be free from physical, mental or sexual abuse, neglect, corporal
22 punishment, involuntary seclusion, and any physical or chemical restraints.
23 imposed for purposes of discipline or convenience.
24 (11) Freedom of religion. Each resident shall have the right to practice
25 the religion of his choice or to abstain from religious practice. Residents
26 shall also be free from the imposition of the religious practices of others.
27 (12) Control and receipt of health-related services. Each resident shall
28 have the right to control his receipt of health-related services, including:
29 (a) The right to retain the services of his own personal physician, den-
30 tist and other health care professionals.
31 (b) The right to select the pharmacy or pharmacist of his choice.
32 (c) The right to confidentiality and privacy concerning his medical or
33 dental condition and treatment.
34 (13) Grievances. Each resident shall have the right to voice grievances
35 with respect to treatment or care that is (or fails to be) furnished, without
36 discrimination or reprisal for voicing the grievances and the right to prompt
37 efforts by the facility certified family home to resolve grievances the resi-
38 dent may have, including those with respect to the behavior of other resi-
39 dents.
40 (14) Participation in resident and family groups. Each resident shall have
41 the right to organize and participate in resident groups in the facility and
42 the right of the resident's family to meet in the facility with the families
43 of other residents in the facility.
44 (15) Participation in other activities. Each resident shall have the right
45 to participate in social, religious and community activities that do not
46 interfere with the rights of other residents in the facility certified family
47 home.
48 (165) Examination of survey results home inspection reports. Each resident
49 shall have the right to examine, upon reasonable request, the results of the
50 most recent survey home inspection of the facility certified family home con-
51 ducted by the department with respect to the facility certified family home
52 and any plan of correction in effect with respect to the facility certified
53 family home.
54 (17) Other rights. Each resident shall have any other right established by
55 the department.
28
1 SECTION 42. That Section 39-3519, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-3519. ACCESS BY ADVOCATES AND REPRESENTATIVES. A licensed residential
4 or assisted living facility for the elderly certified family home shall permit
5 advocates and representatives of community legal services programs, including
6 the protection and advocacy system pursuant to 42 U.S.C. 15043 and 42 U.S.C.
7 10801 et seq., whose purposes include rendering assistance without charge to
8 residents, to have access to the facility certified family home at reasonable
9 times. in order to:
10 (1) Visit, talk with, and make personal, social and legal services avail-
11 able to all residents.
12 (2) Inform residents of their rights and entitlements, and their corre-
13 sponding obligations under state, federal and local laws by distribution of
14 educational materials and discussion in groups and with individuals.
15 (3) Assist residents in asserting their legal rights regarding claims for
16 public assistance, medical assistance and social security benefits, as well as
17 in all other matters in which residents are aggrieved, which may be provided
18 individually or in a group basis, and may include organizational activity,
19 counseling and litigation.
20 (4) Engage in all other methods of assisting, advising and representing
21 residents so as to extend to them the full enjoyment of their rights.
22 (5) Communicate privately and without restrictions with any resident who
23 consents to the communication.
24 (6) Observe all common areas of the facility.
25 SECTION 43. That Section 39-3561, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 39-356105. RULES. The board shall have the power and it shall be its duty
28 to promulgate appropriate rules necessary to implement and enforce the stan-
29 dards for certified family homes pursuant to this act including, but not lim-
30 ited to, the following:
31 (1) A home shall be certified for no more than two (2) adults, however,
32 upon an application by the owner and upon a finding by the department that
33 residents can be cared for safely and appropriately based on the residents'
34 specific needs, the department may authorize not more than four (4) adults to
35 be placed in a certified family home which is owner-occupied and which applies
36 to the department for the authorization. Certification as a four (4) resident
37 certified family home shall not be transferable to another person or entity.
38 Four (4) resident certified family homes shall be subject to all statutes and
39 rules governing certified family homes but shall not be subject to the resi-
40 dential care facility administrator licensing requirements of chapter 42,
41 title 54, Idaho Code, or section 39-3340, Idaho Code, licensing of residential
42 care or assisted living facilities for the individuals with mentally illness,
43 developmentally disabled disabilities and or physically disabled, disabili-
44 ties. or section 39-3540, Idaho Code, licensing of residential or assisted
45 living facilities for the elderly. This provision implementing four (4) resi-
46 dent certified family homes shall be effective on July 1, 2001. Prior to the
47 effective date, tThe department shall promulgate rules for four (4) resident
48 certified family homes through the negotiated rulemaking process. Nothing in
49 this subsection shall be construed to authorize increased group size for
50 providers of any form of care other than certified family homes.
51 (2) A care provider may be a couple or a single individual is the adult
52 who has applied to be the care provider and who is responsible for client care
29
1 and following the laws and rules of the certified family home program.
2 (3) A home cannot be approved as certified for family home care if it
3 also provides room and board for other persons. A waiver may be granted by the
4 department where a married couple wishes to live together in the same certi-
5 fied family home and one (1) member of the couple does not require certified
6 family home care.
7 (4) A home cannot be approved as a certified family home and for child
8 foster care at the same time, unless a waiver is granted by the department.
9 (5) The care provider must have sufficient income resources to maintain
10 the home and the services offered.
11 (6) Information obtained by the care provider shall be held confidential
12 except to representatives of the department to provide services or determine
13 compliance with this chapter or upon consent of the individual or his legal
14 guardian.
15 (7) Recordkeeping and reporting requirements as may be deemed necessary.
16 (8) Requirements to assure the safety and adequate care of residents to
17 include the recording of incidents and accidents.
18 (9) Until July 1, 1994, residential care facilities serving four (4) or
19 fewer residents and holding a valid license or with an application for a
20 license pending with the department as of July 1, 1994, shall have the option
21 of being certified as a certified family home. Certification as a certified
22 family home under this subsection shall not be transferable to another person
23 or entity. Certified family home providers certified under this subsection
24 shall not be subject to the licensing requirements of chapter 42, title 54,
25 Idaho Code, section 39-3340, Idaho Code, or section 39-3540, Idaho Code. This
26 provision in and of itself shall not be construed to authorize increased group
27 size for providers of any form of care other than certified family homes Man-
28 agement of medications.
29 (10) Inspections. The certifying agency may inspect and investigate certi-
30 fied family homes as necessary to determine compliance with this chapter and
31 the department's rules.
32 (11) Revocation of certification or other enforcement actions.
33 SECTION 44. That Section 39-3562, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 39-35620. APPLICATION FOR CERTIFICATION. An application for certification
36 shall be made to regional offices of the department upon forms provided by the
37 department and shall contain such information as the department reasonably
38 requires which will include a background check and fingerprinting with the
39 Idaho state police through the department. Following receipt of an applica-
40 tion, the department shall conduct a study, including a visit to the home, to
41 determine the capability of the provider to provide care as a certified family
42 home.
43 SECTION 45. That Section 39-3563, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 39-356321. ISSUANCE AND RENEWAL OF CERTIFICATION. Each certificate shall
46 be issued only for the home and provider named in the application and shall
47 not be transferable or assignable. Each certified family home is required to
48 renew its certification annually. The application for renewal shall be filed
49 with the regional office of the department within thirty (30) days prior to
50 the date of expiration. The existing certificate, unless suspended or revoked,
51 shall remain in force and effect until the department has acted upon the
30
1 application renewal when such application for renewal is timely filed.
2 SECTION 46. That Section 39-3564, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-356422. TEMPORARY PROVISIONAL CERTIFICATION. Upon initial investiga-
5 tion, should an applicant for a certificate be unable to meet a standard
6 because of conditions that are unlikely to endure beyond six (6) months, the
7 department may grant a temporary provisional certificate pending the satisfac-
8 tory correction of all deficiencies and provided that the deficiencies do not
9 jeopardize the health and safety of residents. No more than one (1) provi-
10 sional certificate shall be issued to the same certified family home in any
11 twelve (12) month period.
12 SECTION 47. That Section 39-3565, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-356523. DENIAL OR REVOCATION OF A CERTIFICATE. The department may deny
15 the issuance of a certificate or revoke any certificate when persuaded by a
16 preponderance of evidence that such conditions exist as to endanger the health
17 or safety of any resident, or when the home is not in substantial compliance
18 with the provisions of this chapter or rules promulgated pursuant to this
19 chapter.
20 SECTION 48. That Section 39-3566, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 39-356624. PROCEDURE FOR DENIAL OR REVOCATION OF A CERTIFICATE. Immedi-
23 ately upon the denial of any application for a certificate, or the revocation
24 of a certificate, the department shall notify the applicant in writing. Within
25 twenty-one (21) days after the department mails the notice, the applicant may
26 present his written petition for a hearing to the department. Upon receipt by
27 the department of the petition in proper form, the petition shall be set for
28 hearing. The proceedings shall be conducted in accordance with the Idaho
29 administrative procedure act and the department's has all the powers granted
30 therein rules.
31 SECTION 49. That Section 39-3567, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 39-356725. EFFECT OF PREVIOUS REVOCATION OR DENIAL OF A CERTIFICATE. The
34 department is not required to review the application of an applicant who has
35 had a certificate denied or revoked until five (5) years have elapsed from the
36 date of certificate denial, revocation, or appeals.
37 SECTION 50. That Section 39-3568, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-356826. RULES PROVIDED. Upon initial certification, certified family
40 homes shall be provided a printed copy of all applicable statutes and rules by
41 the department, without charge.
42 SECTION 51. That Chapter 35, Title 39, Idaho Code, be, and the same is
43 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
44 ignated as Section 39-3527, Idaho Code, and to read as follows:
31
1 39-3527. RESPONSIBILITY FOR INSPECTIONS AND TECHNICAL ASSISTANCE. The
2 certifying agency shall inspect and provide technical assistance to certified
3 family homes. The department may provide consulting services upon request to
4 any certified family home to assist in the identification and correction of
5 deficiencies and in the upgrading of the quality of care provided by the cer-
6 tified family home.
7 SECTION 52. That Section 39-3571, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-357128. OPERATING WITHOUT CERTIFICATION -- MISDEMEANOR. Any person who
10 operates a certified family home within the state without first obtaining cer-
11 tification as provided in this chapter shall be guilty of a misdemeanor.
12 SECTION 53. That Section 39-3575, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-357503. PAYMENT AGREEMENTS. Each care provider shall negotiate a writ-
15 ten, signed and dated agreement between the care provider and a resident spec-
16 ifying the amount of monthly payment to be paid by the resident and the method
17 for payment.
18 SECTION 54. That Section 39-3577, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-357713. TRAINING. The department shall insure assure that care
21 providers receive, at a minimum, training which shall include the rights of
22 the resident, and a basic understanding of the psychosocial and physical needs
23 of residents to be served. The department will specify require annual continu-
24 ing education requirements for care providers as defined by rules promulgated
25 pursuant to this chapter.
26 SECTION 55. That Section 39-3578, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 39-357804. PHYSICAL AND ENVIRONMENTAL STANDARDS. Standards shall be
29 developed through the regulatory process by the department to insure assure a
30 safe, sanitary and comfortable environment for residents of certified family
31 homes.
32 SECTION 56. That Section 39-3579, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 39-357910. SEPARABILITY. If any section, subsection, paragraph, sentence,
35 or any other part of this chapter is adjudged unconstitutional or invalid,
36 such judgment shall not affect, impair, or invalidate the remainder of this
37 chapter, but shall be confined to this section, subsection, paragraph, sen-
38 tence, or any other part of this chapter directly involved in the controversy
39 in which the judgment has been rendered.
40 SECTION 57. That Section 39-3580, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 39-358012. APPLICATION OF PROVISIONS. The provisions of section 39-3509,
43 Idaho Code, governing licensed residential or assisted living facilities,
32
1 shall also govern certified family homes. Any individual providing care and
2 housing commercially to the elderly, general public or individuals with mental
3 illness, developmental disabilities, or physical disabilities shall at a mini-
4 mum meet the requirements of this chapter or other provision of law governing
5 care and housing for the elderly, individuals with mental illness, developmen-
6 tal disabilities, or physical disabilities if those provisions are more
7 restrictive.
8 SECTION 58. That Section 63-701, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 63-701. DEFINITIONS. As used in this chapter:
11 (1) "Claimant" means a person who has filed a claim under the provisions
12 of sections 63-701 through 63-710, Idaho Code. Except as provided in section
13 63-702(2), Idaho Code, on January 1 of the year or before April 15 in which
14 the claim was filed a claimant must be an owner of a homestead and be:
15 (a) Not less than sixty-five (65) years old; or
16 (b) A child under the age of eighteen (18) years who is fatherless or
17 motherless or who has been abandoned by any surviving parent or parents;
18 or
19 (c) A widow or widower; or
20 (d) A disabled person who is recognized as disabled by the social secu-
21 rity administration pursuant to title 42 of the United States Code, or by
22 the railroad retirement board pursuant to title 45 of the United States
23 Code, or by the office of management and budget pursuant to title 5 of the
24 United States Code; or
25 (e) A disabled veteran of any war engaged in by the United States, whose
26 disability is recognized as a service-connected disability of a degree of
27 ten percent (10%) or more, or who has a pension for nonservice-connected
28 disabilities, in accordance with laws and regulations administered by the
29 United States veterans administration; or
30 (f) A person, as specified in 42 U.S.C. 1701, who was or is entitled to
31 receive benefits because he is known to have been taken by a hostile force
32 as a prisoner, hostage or otherwise; or
33 (g) Blind.
34 (2) "Homestead" means the dwelling, owner-occupied by the claimant as
35 described in this chapter and used as the primary dwelling place of the claim-
36 ant and may be occupied by any members of the household as their home, and so
37 much of the land surrounding it, not exceeding one (1) acre, as is reasonably
38 necessary for the use of the dwelling as a home. It may consist of a part of a
39 multidwelling or multipurpose building and part of the land upon which it is
40 built. "Homestead" does not include personal property such as furniture, fur-
41 nishings or appliances, but a manufactured home may be a homestead.
42 (3) "Household" means the claimant and the claimant's spouse. The term
43 does not include bona fide lessees, tenants, or roomers and boarders on con-
44 tract. "Household" includes persons described in subsection (8)(b) of this
45 section.
46 (4) "Household income" means all income received by the claimant and, if
47 married, all income received by the claimant's spouse, in a calendar year.
48 (5) "Income" means the sum of federal adjusted gross income as defined in
49 the Internal Revenue Code, as defined in section 63-3004, Idaho Code, and to
50 the extent not already included in federal adjusted gross income:
51 (a) Alimony;
52 (b) Support money;
53 (c) Nontaxable strike benefits;
33
1 (d) The nontaxable amount of any individual retirement account, pension
2 or annuity, (including railroad retirement benefits, all payments received
3 under the federal social security act except the social security death
4 benefit as specified in this subsection, state unemployment insurance
5 laws, and veterans disability pensions and compensation, excluding
6 rollovers as provided in section 402 or 403 of the Internal Revenue Code);
7 (e) Nontaxable interest received from the federal government or any of
8 its instrumentalities or a state government or any of its instrumentali-
9 ties;
10 (f) Worker's compensation; and
11 (g) The gross amount of loss of earnings insurance.
12 It does not include capital gains, gifts from nongovernmental sources or
13 inheritances. To the extent not reimbursed, the cost of medical care as
14 defined in section 213(d) of the Internal Revenue Code, incurred or paid by
15 the claimant and, if married, the claimant's spouse, may be deducted from
16 income. To the extent not reimbursed, personal funeral expenses, including
17 prepaid funeral expenses and premiums on funeral insurance, of the claimant
18 and claimant's spouse only, may be deducted from income up to an annual maxi-
19 mum of five thousand dollars ($5,000) per claim. "Income" does not include
20 veterans disability pensions received by a person described in subsection
21 (1)(e) who is a claimant or a claimant's spouse if the disability pension is
22 received pursuant to a service-connected disability of a degree of forty per-
23 cent (40%) or more. "Income" does not include lump sum death benefits made by
24 the social security administration pursuant to 42 U.S.C. section 402(i). Docu-
25 mentation of medical expenses may be required by the county assessor, board of
26 equalization and state tax commission in such form as the county assessor,
27 board of equalization or state tax commission shall determine. "Income" shall
28 be that received in the calendar year immediately preceding the year in which
29 a claim is filed. Where a claimant and/or the claimant's spouse does not file
30 a federal tax return, the claimant's and/or the claimant's spouse's federal
31 adjusted gross income, for purposes of this section, shall be an income equiv-
32 alent to federal adjusted gross income had the claimant and/or the claimant's
33 spouse filed a federal tax return, as determined by the county assessor. The
34 county assessor, board of equalization or state tax commission may require
35 documentation of income in such form as each shall determine, including, but
36 not limited to: copies of federal or state tax returns and any attachments
37 thereto; and income reporting forms such as the W-2 and 1099.
38 (6) "Occupied" means actual use and possession.
39 (7) "Owner" means a person holding title in fee simple or holding a cer-
40 tificate of motor vehicle title (either of which may be subject to mortgage,
41 deed of trust or other lien) or who has retained or been granted a life estate
42 or who is a person entitled to file a claim under section 63-702, Idaho Code.
43 "Owner" shall also include any person who:
44 (a) Is the beneficiary of a revocable or irrevocable trust which is the
45 owner of such homestead and under which the claimant or the claimant's
46 spouse has the primary right of occupancy of the homestead; or
47 (b) Is a partner of a limited partnership, member of a limited liability
48 company or shareholder of a corporation if such entity holds title in fee
49 simple or holds a certificate of motor vehicle title and if the person
50 holds at least a five percent (5%) ownership in such entity, as determined
51 by the county assessor; or
52 (c) Has retained or been granted a life estate.
53 "Owner" includes a vendee in possession under a land sale contract. Any par-
54 tial ownership shall be considered as ownership for determining initial quali-
55 fication for property tax reduction benefits; however, the amount of property
34
1 tax reduction under section 63-704, Idaho Code, and rules promulgated pursuant
2 to section 63-705, Idaho Code, shall be computed on the value of the
3 claimant's partial ownership. "Partial ownership," for the purposes of this
4 section, means any one (1) person's ownership when property is owned by more
5 than one (1) person or where the homestead is held by an entity, as set forth
6 in this subsection, but more than one (1) person has the right of occupancy of
7 such homestead. A person holding either partial title in fee simple or holding
8 a certificate of motor vehicle title together with another person but who does
9 not occupy the dwelling as his primary dwelling place, shall not be considered
10 an owner for purposes of this section, if such person is a cosignatory of a
11 note secured by the dwelling in question and at least one (1) of the other
12 cosignatories of the note occupies the dwelling as his primary dwelling place.
13 The combined community property interests of both spouses shall not be consid-
14 ered partial ownership so long as the combined community property interests
15 constitute the entire ownership of the homestead, including where the spouses
16 are occupying a homestead owned by an entity, as set forth in this subsection,
17 and the spouses have the primary right of occupancy of the homestead. The pro-
18 portional reduction required under this subsection shall not apply to commu-
19 nity property interests. Where title to property is held by a person who has
20 died without timely filing a claim for property tax reduction, the estate of
21 the deceased person shall be the "owner," provided that the time periods dur-
22 ing which the deceased person held such title shall be attributed to the
23 estate for the computation of any time periods under subsection (8)(a) or
24 (8)(b) of this section.
25 (8) (a) "Primary dwelling place" means the claimant's dwelling place on
26 January 1 or before April 15 of the year for which the claim is made. The
27 primary dwelling place is the single place where a claimant has his true,
28 fixed and permanent home and principal establishment, and to which when-
29 ever the individual is absent he has the intention of returning. A claim-
30 ant must establish the dwelling to which the claim relates to be his pri-
31 mary dwelling place by clear and convincing evidence or by establishing
32 that the dwelling is where the claimant resided on January 1 or before
33 April 15 and:
34 (i) At least six (6) months during the prior year; or
35 (ii) The majority of the time the claimant owned the dwelling if
36 owned by the claimant less than one (1) year; or
37 (iii) The majority of the time after the claimant first occupied the
38 dwelling if occupied by the claimant for less than one (1) year. The
39 county assessor may require written or other proof of the foregoing
40 in such form as the county assessor may determine.
41 (b) Notwithstanding the provisions of paragraph (a) of this subsection,
42 the property upon which the claimant makes application shall be deemed to
43 be the claimant's primary dwelling place if the claimant is otherwise
44 qualified and resides in a care facility and does not allow the property
45 upon which the claimant has made application to be occupied by persons
46 paying a consideration to occupy the dwelling. Payment of utilities shall
47 not be payment of a consideration to occupy the dwelling. A claimant's
48 spouse who resides in a care facility shall be deemed to reside at the
49 claimant's primary dwelling place and to be a part of the claimant's
50 household. A care facility is a hospital, nursing facility or intermediate
51 care facility for the mentally retarded as defined in section 39-1301,
52 Idaho Code, or a facility as defined in section 39-3302(164), Idaho Code,
53 or a dwelling other than the one upon which the applicant makes applica-
54 tion where a claimant who is unable to reside in the dwelling upon which
55 the application is made lives and receives help in daily living, protec-
35
1 tion and security.
STATEMENT OF PURPOSE
RS 14465C2
Currently, statutory provisions for both Residential or Assisted
Living Facilities (RALFs) and Certified Family Homes (CFHs) are
intermingled and scattered throughout Title 39, Chapter 33 (Idaho
Board and Care Act) and Chapter 35 (Residential Care for the
Elderly), of the Idaho Code. The proposed changes will combine
all the elements related to RALFs into a single chapter
(Chapter 33) and all of the elements related to CFHs into a
single chapter (Chapter35). These changes will stream line the
licensure/certification, survey, and oversight processes,
eliminate duplicative/confusing guidance, de-mystify program
requirements, and help provide for better health outcomes for
residents requiring assisted living.
FISCAL NOTE
Under current state law, each RALFs and CFHs are required to be
surveyed and licensed or certified annually. There are 270 RALFs
in the state. Based on surveyor travel to/from the facility,
actual survey workload, and report writing, this would require a
total of 15.5 surveyors to meet minimum statutory requirements.
Currently the Department's Facility Standards Bureau has 5.5
surveyors assigned to these functions. To meet current
requirements this would require an additional annual cost of
$630,000 compared to the proposed statutory changes that would
require additional staffing costs of $271,200. The proposed
changes will allow for $358,000 in cost avoidance. Additionally,
these proposed changes will allow for growth in the number of
CFHs without the need for additional staff to meet statutory
requirements, resulting in cost avoidance in each of the state's
seven regions.
CONTACT
Name: Leslie Clement
Agency: Health and Welfare
Phone: 364-1804
Statement of Purpose/Fiscal Note H 265