View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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 - 2005IN 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 IDAHOBOARD ANDRESIDENTIAL 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 9home-likehomelike living arrangement forpersons who are mentally ill, devel-10opmentally disabled or physically disabledadults 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, developmentally21disabled or physically disabled. Additional services can be made available in22the facility to meet the resident's identified needsEmployment, recreational 23 and educational opportunities for people with disabilities shall be offered in 24 the most integrated setting consistent with their needs. 25The facilitiesA 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-29vices to meet the needs of the individual residents.30The department will be responsible for monitoring and enforcing the provi-31sions of this chapter. This responsibility includes, but is not limited to,32monitoring the condition of the facility, the individualized, written plan of33care including activities of daily living and support services to be provided,34and the development of enforcement procedures when violations occur.35Nothing in this chapter is intended to reduce or eliminate any duty of the36department or any other public or private entity for provision of services for37any 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" meansany person who has responsibilityan 2 individual, properly licensed by the bureau of occupational licensing, who is 3 responsible for day-to-dayadministration oroperation of alicensedresiden- 4 tial care or assisted living facility.which provides services to individuals5who 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 andrelevantresidential 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 appointed20by the director to advise the agency on matters of policy relating to residen-21tial or assisted living facilities and certified family homes.22(8) "Care provider" means an adult member of the home family responsible23for maintaining the certified family home. The care provider and the legal24owner may not necessarily be the same person.25(9) "Certificate" means a one (1) year certificate issued by the certify-26ing agent of the department to certified family homes complying with this27chapter.28(10) "Certified family home" means a family home in which two (2) or fewer29adults are placed to live who are not able to reside in their own home and who30require family care, help in daily living, protection, security, and encour-31agement toward independence (may be referred to as a "home"). Notwithstanding32the foregoing, upon application by the owner the department may authorize not33more than four (4) adults to be placed in a certified family home which is34owner-occupied.35(11) "Certifying agent" means a person acting under the authority of the36department to participate in the certification, inspection, and regulation of37a certified family home.38(12) "Client" means any person who receives financial aid and/or services39from an organized program of the department.40(13) "Continuing" means personal assistance services required over an41extended 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 alicensedresidential 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,7other 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 alicensedresidential 15 care or assisted living facility.which provides services to individuals who16are mentally ill, developmentally disabled or physically disabled.17 (2018) "Licensee" means theholderowner of a license to operate a 18licensedresidential 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 theclientsresident, 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 practitioner30or clinical nurse specialist, licensed by the Idaho state board of nursing, or31a physician assistant, licensed by the Idaho state board of medicine.32(24) "Person" means any individual, firm, partnership, corporation, com-33pany, 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-43ment.44 (284) "Resident" means an adult who lives in alicensedresidential care 45 or assisted living facility.or a certified family home and who requires per-46sonal 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 moredevelopmentally disabled, physically disabled or51mentally illadults 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-54fied, by training and experience as defined by rules promulgated by the board,55to provide services to the mentally ill.6 1(32) "Qualified mental retardation professional" means a person who is2qualified, by training and experience as defined by rules promulgated by the3board, to provide services to the mentally retarded.4 (3327) "Substantial compliance" meansthere area facility has no core 5 issue deficiencies.which endanger the health, safety, or welfare of the resi-6dents. It also means deficiencies affecting resident welfare including resi-7dent rights, resident property, and the opportunity, where appropriate, to8work and be involved in recreation and education opportunities in the commu-9nity.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 responsible13for providing appropriate supervision based on each resident's negotiated ser-14vice agreementThe 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-19vice 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 arementally ill,23developmentally disabled or physically disabled and arereceiving financial 24 aid as set out in sections 56-207, 56-208 and 56-209a, Idaho Code, seeking 25 placement in alicensedresidential care or assisted living facilityor certi-26fied family homewill be assessed by the department. Based upon the assessed27need, the specific types of services and supports requiredregarding 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 the30following criteria:31(1) Level I. The client requires room, board, and supervision and may32require one (1) or more of the following:33(a) Minimal assistance with activities of daily living and nonmedical34personal assistance.35(b) Minimal assistance with mobility, i.e., client is independently36mobile.37(c) Minimal assistance in an emergency, i.e., client is capable of self-38preservation in an emergency.39(d) Minimal assistance with medications, i.e., client does not require40medication 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 may43require one (1) or more of the following:44(a) Moderate assistance with activities of daily living and nonmedical45personal 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-48preservation 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 on52a twenty-four (24) hour basis and may require one (1) or more of the follow-53ing: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-4sive assistance.5(d) Extensive assistance in an emergency and may be incapable of self-6preservation 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 to10negotiated rulemaking as defined in chapter 52, title 67, Idaho CodePayment 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,licensedresidential 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 andhome-21likehomelike arrangements. Small facilities of eight (8) beds or less forthe22developmentally or physically disabled populationindividuals with developmen- 23 tal or physical disabilities and fifteen (15) beds or less forthe mentally24ill populationindividual 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 suchreasonablerules 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 inlicensedresidential 33 care or assisted living facilities.and provide adequate nutrition, supervi-34sion, and therapeutic recreational activities and to enable tThe departmentto35 shall exercise the powers and perform the duties conferred upon it by this 36 chapter, not inconsistent with any statute of this state. These rulesand37standardsshall 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 6licensedresidential 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) Alicensedresidential 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 tolicensed19 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 shalldevelopemploy 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) Theresidential contractoradministrator 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 alicensedresiden- 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-20tally ill person which support the ability of the facility to meet the needs21of the resident.22(11) Psychosocial history, current within six (6) months prior to admis-23sion, completed by a licensed social worker, psychologist, psychiatrist, or24licensed physician for clients of the department. For residents who are either25developmentally disabled or mentally ill, the psychosocial history shall be26performed by either a qualified mental retardation professional or qualified27mental health professional.28 (12j) Religious affiliation if resident chooses to so state. 29 (13k) Interested relatives and friends other than those insubsection30 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. Alicensedresidential 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: 121.(i) The right to a diet which is consistent with any religious or 13 health-related restrictions. 142.(ii) The right to refuse a restricted diet. 153.(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: 181.(i) The right to be treated in a courteous manner by staff. 192.(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 39subparagraph. 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 ofone 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 20operatoradministrator 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. 28imposed 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 ofhistheir 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, thelicensedresidential 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 theowner, licensee, or person desig-47nated by the owner or licensee is notified of the incident, that the owner,48licensee, or person designated by the owner or licenseeadministrator 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/operatoror 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 theowner, licen-3see, or person designated by the owner or licenseeadministrator or designee, 4 each facility shall,establish a regular time when the owner, licensee, or5person designated by the owner or licensee will be present to respond to such6incidents or complaintswithin 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 11licensedresidential care or assisted living facility must employ at least one 12 (1)full-timeadministrator licensed by theboardbureau 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-16victed, 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 service18under medicare, medicaid or other state health care program; or19(b) A criminal offense related to the neglect or abuse of a patient, in20connection with the delivery of a health care item or service; or21(c) A criminal offense related to fraud, theft, embezzlement, breach of22fiduciary responsibility, or other financial misconduct; or23(d) A criminal offense resulting in death or injury to a person.24(2) Has sufficient physical, emotional, and mental capacity to carry out25the requirements of this chapter.26(3) Has sufficient management and administrative ability to carry out the27requirements 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 alicensedresidential care or 15 1 assisted living facility shall receivedepartment approvedorientation 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 maintainedinternally and externally in good repair and condition11 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 sewage13disposal, food handling, and hygiene practices.14(d) Be maintained in such a manner as to be free from fire/safety haz-15ards.16(2) The department shall promulgate rules concerning physical structure,17fire safety, health and sanitation, household items and furnishings, diet,18self-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 CAREADVISORY COUNCIL. (1) The department shall estab- 33 lish a state levelboard and careadvisory council consisting of twenty-two 34 (202) members appointed by thedirectororganizations and/or agencies repre- 35 sented on the council. Thedirector, or his designee, shall serve aschairman 36 of the council shall be elected from the membership. The members of the coun- 37 cil shall be: 38 (a) Therepresentative of the department's adult services unitdirector 39 or his designee. 40 (b)The representative of the department's mental health unit or his des-41ignee.42(c) The representative of the department's developmental disabilities43unit 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 or4assisted living facilities, one (1) of whom shall be the president of the5state association representing residential or assisted living facilities6and 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 this18chapter. 19 (ki)ThreeSix (36) residents,of licensedthree (3) of whom reside in 20 residential care or assisted living facilitieswho are mentally ill,21developmentally disabled or physically disabled or individuals residing22 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 state27agency representatives, the director shall appoint eight (8) members for a28term of two (2) years and seven (7) members for a term of three (3) years.29After 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. Theboard andresi- 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, certifyingand enforcement standards in residential care or assisted liv- 40 ing facilitiesand certified family homesand the provision of services to 41 residents of residential care or assisted living facilities.and certified42family homes.43 (2)To advise the department regarding methods for identification of44unlicensed residential or assisted living facilities and uncertified family45homes.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 facilityand certified family homeissues. 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. Theboard andresidential care or assisted living 2 advisory council shall meet as necessary but not less thantwofour (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 theboard andresidential 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 THE16MENTALLY ILL, DEVELOPMENTALLY DISABLED AND PHYSICALLY DISABLED.After July 1,171991, no(1) Any person, firm, partnership, association, governmental unit, or 18 corporation within the stateand no state or local public agency shallpropos- 19 ing to operate, establish, manage, conduct, or maintain a residential care or 20 assisted living facility in the statewithout a current validshall 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 ofanyresidents, or when the facility is not in substantial compliance 44 withanythe 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 ANDLICENSING -- NONTRANSFERABIL-2ITY OF LICENSESTECHNICAL ASSISTANCE. The licensing agency shall inspect and 3licenseprovide technical assistance to residential care or assisted living 4 facilities.A license is not transferableThe 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 the14elderly,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 thathavehas 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 facilitywhich provides ser-26vices to individuals who are mentally ill, developmentally disabled or physi-27cally disabledshall 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-39opmentally 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 facilitywhich provides services to individuals who are mentally ill, develop-47mentally 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 ruleand regula-6tiona 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 11ofor 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 investigationsat least every twelve (12) monthsto 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 theregional office of the department or the licensing7agencydepartment. 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 11RESIDENTIAL CARE FOR THE ELDERLYIDAHO 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 for7day-to-day administration or operation of a licensed residential or assisted8living 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 thefacilitycertified 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 andrelevant councils for determining a person's need for19care and servicesthe advisory council. 20 (65) "Board" means the board of health and welfare. 21 (76) "Care provider" meansanthe adult memberor membersof 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-26ing agent of the department to certified family homes complying with this27chapter.28 (97) "Certified family home" means afamily homefamily-styled living 29 environment in which two (2) or fewer adultsare placed tolive who are not 30 able to reside in their own home and who requirefamilycare, help in daily 31 living, protection and security,(may be referred to as a "home"). Notwith-32standing the foregoing, upon application by the owner the department may au-33thorize not more than four (4) adults to be placed in a certified family home34which is owner-occupiedsupervision, 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 an44extended 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 facility54for 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,ormarriage, 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 or15assisted living facility for the elderly.16(19) "Licensee" means the holder of a license to operate a licensed resi-17dential or assisted living facility for the elderly under this chapter.18(20) "Licensing agency" means the unit of the department of health and19welfare that conducts inspections and surveys and issues licenses based on20compliance with this chapter.21(21) "Mixed populations" means that two (2) or more of the following popu-22lations: mentally ill, developmentally disabled, physically disabled, and/or23elderly, 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 residentand/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 theclientresident, and which outlines services to be provided and 30 the obligations offacilitythe certified family home and the resident. 31(23) "Person" means any individual, firm, partnership, corporation, com-32pany, association or joint stock association, and the legal successor thereof.33 (240) "Personal assistance" means the provision by thestaff of the facil-34itycertified 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 practitioner41or clinical nurse specialist, licensed by the Idaho state board of nursing, or42a 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 alicensed residential or47assisted living facility orcertified family home and who requires personal 48 assistance or supervision. 49(29) "Residential or assisted living council for the elderly" means the50interdisciplinary group appointed by the director to advise the agency and51legislature on matters of policy relating to residential or assisted living52facilities for the elderly.53(30) "Residential or assisted living facility for the elderly" means a54facility or residence, however named, operated on either a profit or nonprofit55basis for the purpose of providing necessary supervision, personal assistance,23 1meals and lodging to three (3) or more elderly adults not related to the2owner.3 (3124) "Room and board" means lodging and meals. 4 (3225) "Substantial compliance" meansthere area certified family home 5 has no core issue deficiencies.which endanger the health, safety or welfare6of the residents. It also means deficiencies affecting resident welfare7including resident rights, resident property, and the opportunity, where8appropriate, to work and be involved in recreation and education opportunities9in 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 15assistance withmonitoring activities.of daily living.Theoperatorcare 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. STATELICENSINGCERTIFICATION 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 forresidential or assisted living facilities27for the elderlycertified 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)Alicensed residential or assisted living facil-31ity for the elderlycertified family home shall not admit or retain any resi- 32 dent requiring a level of services or type of serviceforwhich thefacility33is not licensed or which the facility does not provide or arrange for, or if34the facilitycertified family home does not have thestaff, appropriate in35numbers and withtime or appropriate skills,to provide. 36(2) The department shall develop rules governing admissions to licensed37residential 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 shalldevelopemploy 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 to44ensure funding is cost-effective and appropriate when compared to other state45programs relevant to the needs of the client being assessed. The department46shall 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-5ity to meet residents' needs and special training or licenses that may be6required 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 thestaff and manage-12ment of the facilitycare 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; and23(h) Signing date that the plan was approved and date plan will be24reviewed.25(3) The residential contractor shall consult the resident, the resident's26family, friends, case manager and/or consumer coordinator in the development27of the resident's service agreement.28(4) A copy of the agreement shall be given to the resident and a copy29placed in the resident's records file no later than two (2) weeks from admis-30sion.31(5) A resident shall be given the choice and control of how and what ser-32vices the facility will provide, or external vendors will provide, to the33extent the resident can make choices.34(6) On an exception basis, a record shall be made of any changes or35inability to provide services outlined in the negotiated service agreement.36(7) The agreement shall include a statement regarding when there is no37need 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. Alicensed residential or assisted living24facility for the elderlycertified family home must protect and promote the 25 rights of each resident, including each of the following rights: 26 (1) Resident records. Eachfacilitycertified 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 serviceagreement29 and physician'sorderhistory 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 thefacilitycertified 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 thefacilitycertified family home to keep on 43 record. 44 (g) The current admission agreement between the resident and thefacility45 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 thefacilitycertified 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)lockedlockable 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) Afacilitycertified family home shall not require a resident to 21 deposit his personal funds with thefacilitycertified family home. 22 (b) Once thefacilitycertified family home accepts the written authori- 23 zation of the resident, thefacilitycertified family home must hold, 24 safeguard and account for such personal funds under a system established 25 and maintained by thefacilitycertified family home in accordance with 26 this subparagraph. 27 (6) Management of personal funds. Upon afacility'scertified family 28 home's acceptance of written authorization of a resident, thefacilitycerti- 29 fied family home must manage and account for the personal funds of the resi- 30 dent deposited with thefacility as follows:certified family home. 31(a) The facility must deposit any amount of a resident's personal funds32in excess of one hundred dollars ($100) in an interest-bearing account, or33accounts, that is separate from any of the facility's operating accounts34and credit all interest earned on such separate account to such account.35The facility must maintain any other personal funds in a noninterest-36bearing account or petty cash fund.37(b) The facility must assure a full and complete separate accounting of38each resident's personal funds, maintain a written record of all financial39transactions involving each resident's personal funds deposited with the40facility, and afford the resident, or a legal representative of the resi-41dent, reasonable access to such record.42(c)Upon the death of a resident with such an account, thefacilitycer- 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. Eachfacilitycertified 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 thefacilitycertified family home except as contracted for by 13 the resident and theoperator of the facilitycare provider of the home. If 14 the resident is hired by thefacilitycertified family home to perform ser- 15 vices as an employee of thefacilityhome, 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. 22imposed 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 thefacilitycertified 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 have40the right to organize and participate in resident groups in the facility and41the right of the resident's family to meet in the facility with the families42of 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 thefacilitycertified family 46 home. 47 (165) Examination ofsurvey resultshome inspection reports. Each resident 48 shall have the right to examine, upon reasonable request, the results of the 49 most recentsurveyhome inspection of thefacilitycertified family home con- 50 ducted by the department with respect to thefacilitycertified family home 51 and any plan of correction in effect with respect to thefacilitycertified 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. Alicensed residential4or assisted living facility for the elderlycertified 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 thefacilitycertified family home at reasonable 9 times.in order to:10(1) Visit, talk with, and make personal, social and legal services avail-11able to all residents.12(2) Inform residents of their rights and entitlements, and their corre-13sponding obligations under state, federal and local laws by distribution of14educational materials and discussion in groups and with individuals.15(3) Assist residents in asserting their legal rights regarding claims for16public assistance, medical assistance and social security benefits, as well as17in all other matters in which residents are aggrieved, which may be provided18individually or in a group basis, and may include organizational activity,19counseling and litigation.20(4) Engage in all other methods of assisting, advising and representing21residents so as to extend to them the full enjoyment of their rights.22(5) Communicate privately and without restrictions with any resident who23consents 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 fortheindividuals with mentallyillness, 43 developmentally disableddisabilitiesandor physically disabled,disabili- 44 ties.or section 39-3540, Idaho Code, licensing of residential or assisted45living facilities for the elderly.This provision implementing four (4) resi- 46 dent certified family homes shall be effective on July 1, 2001.Prior to the47effective 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 providermay be a couple or a single individualis 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 sufficientincomeresources 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) or19fewer residents and holding a valid license or with an application for a20license pending with the department as of July 1, 1994, shall have the option21of being certified as a certified family home. Certification as a certified22family home under this subsection shall not be transferable to another person23or entity. Certified family home providers certified under this subsection24shall not be subject to the licensing requirements of chapter 42, title 54,25Idaho Code, section 39-3340, Idaho Code, or section 39-3540, Idaho Code. This26provision in and of itself shall not be construed to authorize increased group27size for providers of any form of care other than certified family homesMan- 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 fingerprintingwith the39Idaho state policethrough 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.TEMPORARYPROVISIONAL 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 atemporaryprovisional 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.Within25twenty-one (21) days after the department mails the notice, the applicant may26present his written petition for a hearing to the department. Upon receipt by27the department of the petition in proper form, the petition shall be set for28hearing.The proceedings shall be conducted in accordance with the Idaho 29 administrative procedure act and the department'shas all the powers granted30thereinrules. 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 shallinsureassure 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 willspecifyrequire 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 toinsureassure 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 39-3509,43Idaho Code, governing licensed residential or assisted living facilities,32 1shall also govern certified family homes.Any individual providing care and 2 housing commercially to the elderly,general publicor 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 - 2005Moved 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 of12payment"; 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 "willshall"; and also in line 18, following "vendors" delete "will" and 33 insert: "willshall"; 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 1dent 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: "All5iInspections"; 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. Each18resident shall have any other right established by the department.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN 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 IDAHOBOARD ANDRESIDENTIAL 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 9home-likehomelike living arrangement forpersons who are mentally ill, devel-10opmentally disabled or physically disabledadults 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, developmentally21disabled or physically disabled. Additional services can be made available in22the facility to meet the resident's identified needsEmployment, recreational 23 and educational opportunities for people with disabilities shall be offered in 24 the most integrated setting consistent with their needs. 25The facilitiesA 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-29vices to meet the needs of the individual residents.30The department will be responsible for monitoring and enforcing the provi-31sions of this chapter. This responsibility includes, but is not limited to,32monitoring the condition of the facility, the individualized, written plan of33care including activities of daily living and support services to be provided,34and the development of enforcement procedures when violations occur.35Nothing in this chapter is intended to reduce or eliminate any duty of the36department or any other public or private entity for provision of services for37any 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" meansany person who has responsibilityan 2 individual, properly licensed by the bureau of occupational licensing, who is 3 responsible for day-to-dayadministration oroperation of alicensedresiden- 4 tial care or assisted living facility.which provides services to individuals5who 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 andrelevantresidential 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 appointed20by the director to advise the agency on matters of policy relating to residen-21tial or assisted living facilities and certified family homes.22(8) "Care provider" means an adult member of the home family responsible23for maintaining the certified family home. The care provider and the legal24owner may not necessarily be the same person.25(9) "Certificate" means a one (1) year certificate issued by the certify-26ing agent of the department to certified family homes complying with this27chapter.28(10) "Certified family home" means a family home in which two (2) or fewer29adults are placed to live who are not able to reside in their own home and who30require family care, help in daily living, protection, security, and encour-31agement toward independence (may be referred to as a "home"). Notwithstanding32the foregoing, upon application by the owner the department may authorize not33more than four (4) adults to be placed in a certified family home which is34owner-occupied.35(11) "Certifying agent" means a person acting under the authority of the36department to participate in the certification, inspection, and regulation of37a certified family home.38(12) "Client" means any person who receives financial aid and/or services39from an organized program of the department.40(13) "Continuing" means personal assistance services required over an41extended 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 alicensedresidential 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,7other 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 alicensedresidential 16 care or assisted living facility.which provides services to individuals who17are mentally ill, developmentally disabled or physically disabled.18 (2018) "Licensee" means theholderowner of a license to operate a 19licensedresidential 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 theclientsresident, 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 practitioner31or clinical nurse specialist, licensed by the Idaho state board of nursing, or32a physician assistant, licensed by the Idaho state board of medicine.33(24) "Person" means any individual, firm, partnership, corporation, com-34pany, 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-44ment.45 (284) "Resident" means an adult who lives in alicensedresidential care 46 or assisted living facility.or a certified family home and who requires per-47sonal 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 moredevelopmentally disabled, physically disabled or52mentally illadults 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-55fied, by training and experience as defined by rules promulgated by the board,6 1to provide services to the mentally ill.2(32) "Qualified mental retardation professional" means a person who is3qualified, by training and experience as defined by rules promulgated by the4board, to provide services to the mentally retarded.5 (3327) "Substantial compliance" meansthere area facility has no core 6 issue deficiencies.which endanger the health, safety, or welfare of the resi-7dents. It also means deficiencies affecting resident welfare including resi-8dent rights, resident property, and the opportunity, where appropriate, to9work and be involved in recreation and education opportunities in the commu-10nity.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 responsible14for providing appropriate supervision based on each resident's negotiated ser-15vice agreementThe 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-20vice 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 arementally ill,24developmentally disabled or physically disabled and arereceiving financial 25 aid as set out in sections 56-207, 56-208 and 56-209a, Idaho Code, seeking 26 placement in alicensedresidential care or assisted living facilityor certi-27fied family homewill be assessed by the department. Based upon the assessed28need, the specific types of services and supports requiredregarding their 29 need for specific types of services and supports. This assessment will deter- 30 mine thelevel of payment to be received by the resident according to the fol-31lowing criteria:reimbursement rate to the service provider. 32(1) Level I. The client requires room, board, and supervision and may33require one (1) or more of the following:34(a) Minimal assistance with activities of daily living and nonmedical35personal assistance.36(b) Minimal assistance with mobility, i.e., client is independently37mobile.38(c) Minimal assistance in an emergency, i.e., client is capable of self-39preservation in an emergency.40(d) Minimal assistance with medications, i.e., client does not require41medication 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 may44require one (1) or more of the following:45(a) Moderate assistance with activities of daily living and nonmedical46personal 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-49preservation 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 on53a twenty-four (24) hour basis and may require one (1) or more of the follow-7 1ing: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-5sive assistance.6(d) Extensive assistance in an emergency and may be incapable of self-7preservation 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 to11negotiated rulemaking as defined in chapter 52, title 67, Idaho CodeEligible 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,licensedresidential 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 andhome-22likehomelike arrangements. Small facilities of eight (8) beds or less forthe23developmentally or physically disabled populationindividuals with developmen- 24 tal or physical disabilities or dementia and fifteen (15) beds or less forthe25mentally ill populationindividual 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 suchreasonablerules 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 inlicensedresidential 34 care or assisted living facilities.and provide adequate nutrition, supervi-35sion, and therapeutic recreational activities and to enable tThe departmentto36 shall exercise the powers and perform the duties conferred upon it by this 37 chapter, not inconsistent with any statute of this state. These rulesand38standardsshall 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 7licensedresidential 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) Alicensedresidential 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 tolicensed19 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 shalldevelopemploy 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) Theresidential contractoradministrator 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 facilitywillshall provide, or external vendorswillshall 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 alicensedresiden- 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-21tally ill person which support the ability of the facility to meet the needs22of the resident.23(11) Psychosocial history, current within six (6) months prior to admis-24sion, completed by a licensed social worker, psychologist, psychiatrist, or25licensed physician for clients of the department. For residents who are either26developmentally disabled or mentally ill, the psychosocial history shall be27performed by either a qualified mental retardation professional or qualified28mental health professional.29 (12j) Religious affiliation if resident chooses to so state. 30 (13k) Interested relatives and friends other than those insubsection31 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. Alicensedresidential 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: 131.(i) The right to a diet which is consistent with any religious or 14 health-related restrictions. 152.(ii) The right to refuse a restricted diet. 163.(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: 191.(i) The right to be treated in a courteous manner by staff. 202.(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 40subparagraph. 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 ofone 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 21operatoradministrator 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. 29imposed 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 ofhistheir 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 by8the 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, thelicensedresidential 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 theowner, licensee, or person desig-47nated by the owner or licensee is notified of the incident, that the owner,48licensee, or person designated by the owner or licenseeadministrator 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/operatoror 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 theowner, licen-3see, or person designated by the owner or licenseeadministrator or designee, 4 each facility shall,establish a regular time when the owner, licensee, or5person designated by the owner or licensee will be present to respond to such6incidents or complaintswithin 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 11licensedresidential care or assisted living facility must employ at least one 12 (1)full-timeadministrator licensed by theboardbureau 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-16victed, 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 service18under medicare, medicaid or other state health care program; or19(b) A criminal offense related to the neglect or abuse of a patient, in20connection with the delivery of a health care item or service; or21(c) A criminal offense related to fraud, theft, embezzlement, breach of22fiduciary responsibility, or other financial misconduct; or23(d) A criminal offense resulting in death or injury to a person.24(2) Has sufficient physical, emotional, and mental capacity to carry out25the requirements of this chapter.26(3) Has sufficient management and administrative ability to carry out the27requirements 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 alicensedresidential care or 15 1 assisted living facility shall receivedepartment approvedorientation 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 maintainedinternally and externally in good repair and condition11 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 sewage13disposal, food handling, and hygiene practices.14(d) Be maintained in such a manner as to be free from fire/safety haz-15ards.16(2) The department shall promulgate rules concerning physical structure,17fire safety, health and sanitation, household items and furnishings, diet,18self-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 CAREADVISORY COUNCIL. (1) The department shall estab- 33 lish a state levelboard and careadvisory council consisting of twenty-two 34 (202) members appointed by thedirectororganizations and/or agencies repre- 35 sented on the council. Thedirector, or his designee, shall serve aschairman 36 of the council shall be elected from the membership. The members of the coun- 37 cil shall be: 38 (a) Therepresentative of the department's adult services unitdirector 39 or his designee. 40 (b)The representative of the department's mental health unit or his des-41ignee.42(c) The representative of the department's developmental disabilities43unit 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 or4assisted living facilities, one (1) of whom shall be the president of the5state association representing residential or assisted living facilities6and 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 this18chapter. 19 (ki)ThreeSix (36) residents,of licensedthree (3) of whom reside in 20 residential care or assisted living facilitieswho are mentally ill,21developmentally disabled or physically disabled or individuals residing22 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 state27agency representatives, the director shall appoint eight (8) members for a28term of two (2) years and seven (7) members for a term of three (3) years.29After 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. Theboard andresi- 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, certifyingand enforcement standards in residential care or assisted liv- 40 ing facilitiesand certified family homesand the provision of services to 41 residents of residential care or assisted living facilities.and certified42family homes.43 (2)To advise the department regarding methods for identification of44unlicensed residential or assisted living facilities and uncertified family45homes.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 facilityand certified family homeissues. 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. Theboard andresidential care or assisted living 2 advisory council shall meet as necessary but not less thantwofour (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 theboard andresidential 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 THE16MENTALLY ILL, DEVELOPMENTALLY DISABLED AND PHYSICALLY DISABLED.After July 1,171991, no(1) Any person, firm, partnership, association, governmental unit, or 18 corporation within the stateand no state or local public agency shallpropos- 19 ing to operate, establish, manage, conduct, or maintain a residential care or 20 assisted living facility in the statewithout a current validshall 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 ofanyresidents, or when the facility is not in substantial compliance 44 withanythe 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 ANDLICENSING -- NONTRANSFERABIL-2ITY OF LICENSESTECHNICAL ASSISTANCE. The licensing agency shall inspect and 3licenseprovide technical assistance to residential care or assisted living 4 facilities.A license is not transferableThe 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 the14elderly,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 thathavehas 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 facilitywhich provides ser-26vices to individuals who are mentally ill, developmentally disabled or physi-27cally disabledshall 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-39opmentally 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 facilitywhich provides services to individuals who are mentally ill, develop-47mentally 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 ruleand regula-6tiona 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 11ofor 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 investigationsat least every twelve (12) monthsto 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 theregional office of the department or the licensing8agencydepartment. 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 12RESIDENTIAL CARE FOR THE ELDERLYIDAHO 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 for8day-to-day administration or operation of a licensed residential or assisted9living 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 thefacilitycertified 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 andrelevant councils for determining a person's need for20care and servicesthe advisory council. 21 (65) "Board" means the board of health and welfare. 22 (76) "Care provider" meansanthe adult memberor membersof 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-27ing agent of the department to certified family homes complying with this28chapter.29 (97) "Certified family home" means afamily homefamily-styled living 30 environment in which two (2) or fewer adultsare placed tolive who are not 31 able to reside in their own home and who requirefamilycare, help in daily 32 living, protection and security,(may be referred to as a "home"). Notwith-33standing the foregoing, upon application by the owner the department may au-34thorize not more than four (4) adults to be placed in a certified family home35which is owner-occupiedsupervision, 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 an45extended 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 facility55for 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,ormarriage, 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 or16assisted living facility for the elderly.17(19) "Licensee" means the holder of a license to operate a licensed resi-18dential or assisted living facility for the elderly under this chapter.19(20) "Licensing agency" means the unit of the department of health and20welfare that conducts inspections and surveys and issues licenses based on21compliance with this chapter.22(21) "Mixed populations" means that two (2) or more of the following popu-23lations: mentally ill, developmentally disabled, physically disabled, and/or24elderly, 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 residentand/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 theclientresident, and which outlines services to be provided and 31 the obligations offacilitythe certified family home and the resident. 32(23) "Person" means any individual, firm, partnership, corporation, com-33pany, association or joint stock association, and the legal successor thereof.34 (240) "Personal assistance" means the provision by thestaff of the facil-35itycertified 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 practitioner42or clinical nurse specialist, licensed by the Idaho state board of nursing, or43a 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 alicensed residential or48assisted living facility orcertified family home and who requires personal 49 assistance or supervision. 50(29) "Residential or assisted living council for the elderly" means the51interdisciplinary group appointed by the director to advise the agency and52legislature on matters of policy relating to residential or assisted living53facilities for the elderly.54(30) "Residential or assisted living facility for the elderly" means a55facility or residence, however named, operated on either a profit or nonprofit23 1basis for the purpose of providing necessary supervision, personal assistance,2meals and lodging to three (3) or more elderly adults not related to the3owner.4 (3124) "Room and board" means lodging and meals. 5 (3225) "Substantial compliance" meansthere area certified family home 6 has no core issue deficiencies.which endanger the health, safety or welfare7of the residents. It also means deficiencies affecting resident welfare8including resident rights, resident property, and the opportunity, where9appropriate, to work and be involved in recreation and education opportunities10in 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 16assistance withmonitoring activities.of daily living.Theoperatorcare 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. STATELICENSINGCERTIFICATION 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 forresidential or assisted living facilities28for the elderlycertified 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)Alicensed residential or assisted living facil-32ity for the elderlycertified family home shall not admit or retain any resi- 33 dent requiring a level of services or type of serviceforwhich thefacility34is not licensed or which the facility does not provide or arrange for, or if35the facilitycertified family home does not have thestaff, appropriate in36numbers and withtime or appropriate skills,to provide. 37(2) The department shall develop rules governing admissions to licensed38residential 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 shalldevelopemploy 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 to45ensure funding is cost-effective and appropriate when compared to other state46programs relevant to the needs of the client being assessed. The department47shall 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-6ity to meet residents' needs and special training or licenses that may be7required 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 thestaff and manage-13ment of the facilitycare 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; and24(h) Signing date that the plan was approved and date plan will be25reviewed.26(3) The residential contractor shall consult the resident, the resident's27family, friends, case manager and/or consumer coordinator in the development28of the resident's service agreement.29(4) A copy of the agreement shall be given to the resident and a copy30placed in the resident's records file no later than two (2) weeks from admis-31sion.32(5) A resident shall be given the choice and control of how and what ser-33vices the facility will provide, or external vendors will provide, to the34extent the resident can make choices.35(6) On an exception basis, a record shall be made of any changes or36inability to provide services outlined in the negotiated service agreement.37(7) The agreement shall include a statement regarding when there is no38need 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. Alicensed residential or assisted living25facility for the elderlycertified family home must protect and promote the 26 rights of each resident, including each of the following rights: 27 (1) Resident records. Eachfacilitycertified 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 serviceagreement30 and physician'sorderhistory 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 thefacilitycertified 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 thefacilitycertified family home to keep on 44 record. 45 (g) The current admission agreement between the resident and thefacility46 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 thefacilitycertified 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)lockedlockable 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) Afacilitycertified family home shall not require a resident to 22 deposit his personal funds with thefacilitycertified family home. 23 (b) Once thefacilitycertified family home accepts the written authori- 24 zation of the resident, thefacilitycertified family home must hold, 25 safeguard and account for such personal funds under a system established 26 and maintained by thefacilitycertified family home in accordance with 27 this subparagraph. 28 (6) Management of personal funds. Upon afacility'scertified family 29 home's acceptance of written authorization of a resident, thefacilitycerti- 30 fied family home must manage and account for the personal funds of the resi- 31 dent deposited with thefacility as follows:certified family home. 32(a) The facility must deposit any amount of a resident's personal funds33in excess of one hundred dollars ($100) in an interest-bearing account, or34accounts, that is separate from any of the facility's operating accounts35and credit all interest earned on such separate account to such account.36The facility must maintain any other personal funds in a noninterest-37bearing account or petty cash fund.38(b) The facility must assure a full and complete separate accounting of39each resident's personal funds, maintain a written record of all financial40transactions involving each resident's personal funds deposited with the41facility, and afford the resident, or a legal representative of the resi-42dent, reasonable access to such record.43(c)Upon the death of a resident with such an account, thefacilitycer- 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. Eachfacilitycertified 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 thefacilitycertified family home except as contracted for by 14 the resident and theoperator of the facilitycare provider of the home. If 15 the resident is hired by thefacilitycertified family home to perform ser- 16 vices as an employee of thefacilityhome, 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. 23imposed 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 thefacilitycertified 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 have41the right to organize and participate in resident groups in the facility and42the right of the resident's family to meet in the facility with the families43of 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 thefacilitycertified family 47 home. 48 (165) Examination ofsurvey resultshome inspection reports. Each resident 49 shall have the right to examine, upon reasonable request, the results of the 50 most recentsurveyhome inspection of thefacilitycertified family home con- 51 ducted by the department with respect to thefacilitycertified family home 52 and any plan of correction in effect with respect to thefacilitycertified 53 family home. 54(17) Other rights. Each resident shall have any other right established by55the 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. Alicensed residential4or assisted living facility for the elderlycertified 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 thefacilitycertified family home at reasonable 9 times.in order to:10(1) Visit, talk with, and make personal, social and legal services avail-11able to all residents.12(2) Inform residents of their rights and entitlements, and their corre-13sponding obligations under state, federal and local laws by distribution of14educational materials and discussion in groups and with individuals.15(3) Assist residents in asserting their legal rights regarding claims for16public assistance, medical assistance and social security benefits, as well as17in all other matters in which residents are aggrieved, which may be provided18individually or in a group basis, and may include organizational activity,19counseling and litigation.20(4) Engage in all other methods of assisting, advising and representing21residents so as to extend to them the full enjoyment of their rights.22(5) Communicate privately and without restrictions with any resident who23consents 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 fortheindividuals with mentallyillness, 43 developmentally disableddisabilitiesandor physically disabled,disabili- 44 ties.or section 39-3540, Idaho Code, licensing of residential or assisted45living facilities for the elderly.This provision implementing four (4) resi- 46 dent certified family homes shall be effective on July 1, 2001.Prior to the47effective 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 providermay be a couple or a single individualis 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 sufficientincomeresources 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) or19fewer residents and holding a valid license or with an application for a20license pending with the department as of July 1, 1994, shall have the option21of being certified as a certified family home. Certification as a certified22family home under this subsection shall not be transferable to another person23or entity. Certified family home providers certified under this subsection24shall not be subject to the licensing requirements of chapter 42, title 54,25Idaho Code, section 39-3340, Idaho Code, or section 39-3540, Idaho Code. This26provision in and of itself shall not be construed to authorize increased group27size for providers of any form of care other than certified family homesMan- 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 fingerprintingwith the39Idaho state policethrough 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.TEMPORARYPROVISIONAL 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 atemporaryprovisional 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.Within25twenty-one (21) days after the department mails the notice, the applicant may26present his written petition for a hearing to the department. Upon receipt by27the department of the petition in proper form, the petition shall be set for28hearing.The proceedings shall be conducted in accordance with the Idaho 29 administrative procedure act and the department'shas all the powers granted30thereinrules. 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 shallinsureassure 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 willspecifyrequire 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 toinsureassure 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 39-3509,43Idaho Code, governing licensed residential or assisted living facilities,32 1shall also govern certified family homes.Any individual providing care and 2 housing commercially to the elderly,general publicor 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