TITLE 39

HEALTH AND SAFETY

CHAPTER 56

PERSONAL ASSISTANCE SERVICES

39-5608.  Liability of actions under this chapter. (1) The participant, his designee, or legal representative, if such is responsible, shall be liable for any acts of the participant performed or committed while receiving care or services under the provisions of this chapter.

(2)  The department shall not be held liable for any actions under this chapter, except pursuant to section 39-5603(12), Idaho Code, when the representative of the department is acting on behalf of the participant, his designee, or legal representative; however, the provisions of section 39-5603(10), Idaho Code, shall remain in force.

(3)  Nothing in this chapter shall exempt the provider of services from any liability caused by such provider’s negligence, abuse, or other improper action.

History:

[(39-5608) 39-A4707, 39-5607, added 1981, ch. 65, sec. 1, p. 93; am. and redesig. 1990, ch. 326, sec. 7, p. 893; am. and redesig. 1997, ch. 316, sec. 6, p. 937; am. 2000, ch. 274, sec. 129, p. 865; am. 2006, ch. 283, sec. 2, p. 871; am. 2021, ch. 321, sec. 21, p. 965.]