HEALTH AND SAFETY
IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT
39-3302. Definitions. As used in this chapter:
(1) "Abuse" means a nonaccidental act of sexual, physical or mental mistreatment or injury of a resident through the action or inaction of another individual.
(2) "Accreditation" means a process of review that allows health care organizations to meet regulatory requirements and standards established by a recognized accreditation organization.
(3) "Accreditation commission" means the commission on accreditation of rehabilitation facilities (CARF), the joint commission, or another nationally recognized accreditation organization approved by the director.
(4) "Activities of daily living" means the performance of basic self-care activities in meeting an individual’s needs to sustain him in a daily living environment.
(5) "Administrator" means an individual, properly licensed by the bureau of occupational licensing, who is responsible for day-to-day operation of a residential care or assisted living facility.
(6) "Adult" means a person who has attained the age of eighteen (18) years.
(7) "Advocate" means an authorized or designated representative of a program or organization operating under federal or state mandate to represent the interests of mentally ill, developmentally disabled, or elderly residents.
(8) "Assessment" means the conclusion reached using uniform criteria, which identifies resident strengths, weaknesses, risks and needs, to include functional, medical and behavioral needs. The assessment criteria shall be developed by the department and residential care or assisted living council.
(9) "Authorized provider" in this chapter means an individual who is a nurse practitioner or clinical nurse specialist or a physician assistant.
(10) "Board" means the board of health and welfare.
(11) "Chemical restraint" means a medication used to control behavior or to restrict freedom of movement and is not a standard treatment for the resident’s condition.
(12) "Core issues" means abuse, neglect, exploitation, inadequate care, a situation in which the facility has operated for more than thirty (30) days without a licensed administrator designated the responsibility for the day-to-day operations of the facility, inoperable fire detection or extinguishing systems with no fire watch in place pending the correction of the system, and surveyors denied access to records, residents or facilities.
(13) "Department" means the Idaho department of health and welfare.
(14) "Director" means the director of the Idaho department of health and welfare.
(15) "Exploitation" means the misuse of a resident’s funds, property, resources, identity or person for profit or advantage.
(16) "Facility" means a residential care or assisted living facility.
(17) "Governmental unit" means the state, any county, any city, other political subdivision, or any department, division, board, or other agency thereof.
(18) "Inadequate care" occurs when a facility fails to provide the services required to meet the terms of the negotiated service agreement or provide for room, board, activities of daily living, supervision, first aid, assistance and monitoring of medications, emergency intervention, coordination of outside services, a safe living environment; or engages in violations of residents’ rights, or takes residents who have been admitted in violation of the provisions of section 39-3307, Idaho Code.
(19) "License" means a basic permit to operate a residential care or assisted living facility.
(20) "Licensee" means the owner of a license to operate a residential care or assisted living facility under this chapter.
(21) "Licensing agency" means the unit of the department of health and welfare that conducts inspections and surveys and issues licenses based on compliance with this chapter.
(22) "Neglect" means failure to provide food, clothing, shelter, or medical care necessary to sustain the life and health of a resident.
(23) "Negotiated service agreement" means the agreement reached by the resident and/or the resident’s representative and the facility, based on the assessment, physician’s orders, admission records, and desires of the resident, and which outlines services to be provided and the obligations of the facility and the resident.
(24) "Personal assistance" means the provision by the staff of the facility of one (1) or more of the following services:
(a) Assisting the resident with activities of daily living;
(b) Arranging for supportive services;
(c) Being aware of the resident’s general whereabouts; and
(d) Monitoring the activities of the resident while on the premises of the facility to ensure the resident’s health, safety and well-being.
(25) "Political subdivision" means a city or county.
(26) "Resident" means an adult who lives in a residential care or assisted living facility.
(27) "Residential care or assisted living facility" means a facility or residence, however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals and lodging to three (3) or more adults not related to the owner.
(28) "Room and board" means lodging and meals.
(29) "Substantial compliance" means a facility has no core issue deficiencies.
(30) "Supervision" means administrative activity which provides the following: protection, guidance, knowledge of the resident’s general whereabouts, and assistance with activities of daily living. The administrator is responsible for providing appropriate supervision based on each resident’s negotiated service agreement or other legal requirements.
(31) "Supportive services" means the specific services that are provided to the resident in the community.
[39-3302, added 1990, ch. 116, sec. 2, p. 241; am. 1993, ch. 373, sec. 2, p. 1347; am. 1996, ch. 207, sec. 1, p. 633; am. 2000, ch. 274, sec. 10, p. 810; am. 2005, ch. 280, sec. 4, p. 881; am. 2019, ch. 159, sec. 1, p. 515.]