39-1301. DEFINITIONS. For purposes of this chapter the following definitions will apply: (a) "Hospital" means a facility which: (1) Is primarily engaged in providing, by or under the supervision of physicians, (a) concentrated medical and nursing care on a twenty-four (24) hour basis to inpatients experiencing acute illness; and (b) diagnostic and therapeutic services for […]
39-1301A. WAIVERS FOR CERTIFIED FAMILY HOMES — DEFINITIONS. (1) Chapter 13, title 39, Idaho Code, shall not have the effect of preventing two (2) persons in need of the care described in section 39-1301(b), Idaho Code, from residing in a certified family home when: (a) Each of the persons has given a written statement to […]
39-1301B. NURSING FACILITY CONVERSIONS. (1) A nursing facility that voluntarily reduces the number of its licensed beds to provide residential and assisted living services, certified family home services, adult day health services, respite care, hospice, outpatient therapy services, congregate meals, home health, senior wellness clinic, or other services provided under a medicaid home and community-based […]
39-1301C. DEEMED STATUS OF HOSPICE AGENCY AND ITS HOSPICE HOME — NO IDAHO LICENSE OR CERTIFICATION REQUIRED. (1) A hospice house and its owner and operator medicare certified hospice agency must have and maintain deemed status through a centers for medicare & medicaid services recognized accrediting organization. (2) Neither a medicare certified hospice agency nor […]
39-1302. PURPOSE. The purpose of sections 39-1301—39-1314, Idaho Code, is to provide for the development, establishment and enforcement of standards (1) for the care and treatment of individuals in facilities or by agencies as defined, and (2) for the construction, maintenance and operation of facilities or agencies as defined which, in the light of advancing […]
39-1303. LICENSURE. After January 1, 1948, no person or governmental unit, acting severally or jointly with any other person or governmental unit shall establish, conduct or maintain a facility or agency, as defined, in this state without a license under sections 39-1301—39-1314, Idaho Code. History: [39-1303, added 1947, ch. 133, sec. 3, p. 324; am. […]
39-1303a. DEFINITION OF SERVICES AND REGULATION OF FACILITIES IN PRECEDING SECTION. For the purposes of this act, the board shall have the authority to define the services requisite to the operation of the facilities defined and to establish rules and regulations and standards for the licensing of each type of facility and for the administrative […]
39-1303b. AGREEMENTS FOR ALLOCATION OF SERVICES BETWEEN NEIGHBORING HOSPITALS. Hospitals serving the same, or generally the same, geographical area may, by agreement or other arrangement to eliminate duplication, allocate as between themselves, in whole or in part, the provision of those services and facilities defined by the board of health and welfare as requisite to […]
39-1303c. CURTAILMENT OF REQUIRED SERVICES. Any licensed facility or agency as defined, upon petition and showing of good cause therefor, to the satisfaction of the board may reduce, curtail or eliminate any service or facility which might otherwise be required for licensure by the board. A showing that the service or facility is unnecessary by […]
39-1304. APPLICATION FOR LICENSE. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder by the […]
39-1305. ISSUANCE AND RENEWAL OF LICENSE. Upon receipt of an application for license and the license fee, when required, the licensing agency shall issue a license if the applicant meets the requirements established under this law. A license, unless sooner suspended or revoked, shall be renewable annually without charge upon filing by the licensee, and […]
39-1306. DENIAL OR REVOCATION OF LICENSE — HEARINGS AND REVIEW. The licensing agency may deny any application or revoke any license when persuaded by evidence that such conditions exist as to endanger the health or safety of any resident. Before denial or revocation is final, the licensing agency shall provide opportunity for a hearing at […]
39-1307. RULES, REGULATIONS, AND ENFORCEMENT. The board shall have the authority to adopt, amend, and enforce rules, regulations, and standards consistent with the provisions of this chapter that are designed to protect the health and safety of patients being cared for in facilities or agencies as defined. The board of health and welfare, with the […]
39-1307A. FOOD PURCHASING AND STORAGE. Rules, regulations and minimum standards adopted by the board governing skilled nursing facilities or intermediate care facilities may provide requirements for food purchasing and storage, except that no rule, regulation or minimum standard may limit the maximum size of a container in which milk for drinking purposes may be purchased. […]
39-1307B. MINIMUM STAFFING REQUIREMENTS. The board shall make no rule designed to limit the work activities of any person regularly assigned to duty as nursing or auxiliary personnel preceding the assignment within the facility governed by the rules, regulations and minimum standards of the board. History: [39-1307B, added 1988, ch. 330, sec. 2, p. 992.]
39-1308. EFFECTIVE DATE OF REGULATIONS. Any facility or agency as defined, which is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under sections 39-1301—39-1314, Idaho Code, shall be given a reasonable time, not to exceed two (2) years from the date of such promulgation, within which to […]
39-1309. INSPECTIONS AND CONSULTATIONS. The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary. The licensing agency may prescribe by regulations that any licensee or applicant desiring to make specified types of alteration or addition to its facilities or to construct new facilities shall before commencing such […]
39-1310. INFORMATION. Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this law, which would identify individual residents or patients of facilities or agencies as defined shall be subject to disclosure according to chapter 1, title 74, Idaho Code, except in a proceeding involving the question of licensure. Public […]
39-1312. PENALTY FOR OPERATING A FACILITY OR AGENCY WITHOUT LICENSE. Any person establishing, conducting, managing, or operating any facility or agency as defined, without a license under sections 39-1301—39-1314, Idaho Code, shall be guilty of a misdemeanor punishable by imprisonment in a county jail for a period of time not exceeding six (6) months, or […]
39-1313. INJUNCTION TO PREVENT OPERATION WITHOUT LICENSE. Notwithstanding the existence or pursuit of any other remedy, the licensing agency may in the manner provided by law maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or […]
