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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
HEALTH AND SAFETY
CHAPTER 33
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) "Accident" means an unexpected, unintended event that can cause a resident injury.
(3) "Accreditation" means a process of review that allows health care organizations to meet regulatory requirements and standards established by a recognized accreditation organization.
(4) "Accreditation commission" means the commission on accreditation of rehabilitation facilities (CARF), the joint commission, or another nationally recognized accreditation organization approved by the director.
(5) "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.
(6) "Administrator" means an individual, properly licensed by the division of occupational and professional licenses, who is responsible for operation of a residential care or assisted living facility.
(7) "Administrator’s designee" means a person authorized in writing to act in the absence of the administrator for no more than thirty (30) consecutive days when the administrator is on vacation, has days off, is ill, or is away for trainings or meetings. This individual shall be knowledgeable of facility operations, the residents and their needs, emergency procedures, the location and operation of emergency equipment, and how the administrator can be reached in the event of an emergency.
(8) "Adult" means a person who has attained the age of eighteen (18) years.
(9) "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.
(10) "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.
(11) "Authorized provider" in this chapter means an individual who is a nurse practitioner or clinical nurse specialist or a physician assistant.
(12) "Board" means the board of health and welfare.
(13) "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.
(14) "Complaint" means a formal expression of dissatisfaction, discontent, or unhappiness by, or on behalf of, a resident concerning the care or conditions at the facility. This expression could be oral or in writing or by an alternate means of communication.
(15) "Core issues" means abuse, neglect, exploitation, inadequate care, 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.
(16) "Deficiency" means a determination of noncompliance with any section of this chapter.
(17) "Department" means the Idaho department of health and welfare.
(18) "Director" means the director of the Idaho department of health and welfare.
(19) "Exit conference" means a meeting with the facility administrator or his designee to provide review, discussion, and written documentation of non-core issues and to provide preliminary findings of core issues.
(20) "Exploitation" means the misuse of a resident’s funds, property, resources, identity or person for profit or advantage.
(21) "Facility" means a residential care or assisted living facility.
(22) "Follow-up survey" means a survey conducted to confirm the facility is in compliance and has the ability to remain in compliance.
(23) "Governmental unit" means the state, any county, any city, other political subdivision, or any department, division, board, or other agency thereof.
(24) "Immediate jeopardy" means that immediate corrective action is required because the facility is noncompliant with health and safety requirements placing patients at risk of serious harm, injury, or death.
(25) "Inadequate care" occurs when a facility engages in actions or omissions that cause harm to a resident or create a situation likely to result in immediate jeopardy to the health, safety, or well-being of a resident.
(26) "License" means a basic permit to operate a residential care or assisted living facility.
(27) "Licensee" means the owner of a license to operate a residential care or assisted living facility under this chapter.
(28) "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.
(29) "Manager" means the individual delegated by the administrator to manage the day-to-day operations of the facility.
(30) "Neglect" means failure to provide food, clothing, shelter, or medical care necessary to sustain the life and health of a resident.
(31) "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.
(32) "Non-core issue" means any finding of deficient practice that is not a core issue.
(33) "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.
(34) "Physical restraint" means any device or physical force that restricts the free movement of a portion of an individual’s body, except for the temporary treatment of a medical condition, such as the use of a cast for a broken bone.
(35) "Political subdivision" means a city or county.
(36) "Resident" means an adult who lives in a residential care or assisted living facility.
(37) "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.
(38) "Room and board" means lodging and meals.
(39) "Substantial compliance" means a facility has no core issue deficiencies.
(40) "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 or manager is responsible for providing appropriate supervision based on each resident’s negotiated service agreement or other legal requirements.
(41) "Supportive services" means the specific services that are provided to the resident in the community.
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