39-3301. LEGISLATIVE INTENT AND DECLARATION. The purpose of a residential care or assisted living facility in Idaho is to provide a humane, safe, and homelike living arrangement for adults who need some assistance with activities of daily living and personal care but do not require the level of care identified under section 39-1301(b), Idaho Code, […]
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 […]
39-3303. PAYMENT LEVELS. (1) Clients of the department who are receiving financial aid as set out in sections 56-207, 56-208 and 56-209a, Idaho Code, seeking placement in a residential care or assisted living facility will be assessed by the department regarding their need for specific types of services and supports. This assessment will determine the […]
39-3304. TYPES OF FACILITIES. The state will foster the development of, and provide incentives for, residential care or assisted living facilities serving specific mentally ill and developmentally or physically disabled populations which are small in size to provide for family and homelike arrangements. Small facilities of eight (8) beds or less for individuals with developmental […]
39-3305. RULES. (1) The board shall have the authority to adopt, amend, repeal and enforce such rules as may be necessary or proper to carry out the purpose and intent of this chapter which are designed to protect the health, safety and individual rights of residents in residential care or assisted living facilities. The department […]
39-3306. STATE LICENSING TO SUPERSEDE LOCAL REGULATION. This chapter and the rules promulgated pursuant to this chapter shall supersede any program of any political subdivision of the state which licenses or sets standards for residential care or assisted living facilities. History: [39-3306, added 1990, ch. 116, sec. 2, p. 244; am. 1993, ch. 373, sec. […]
39-3307. ADMISSIONS. (1) A residential care or assisted living facility shall not admit or retain any resident requiring a level of services or type of service for which the facility is not licensed or which the facility does not provide or arrange for, or if the facility does not have the staff, appropriate in numbers […]
39-3308. ASSESSMENT. The department shall employ uniform assessment criteria to assess function and cognitive disability. The conclusions shall be deemed the assessment and shall be used to provide appropriate placement and funding for service needs. The assessment shall also be used to ensure funding is cost-effective and appropriate when compared to other state programs relevant […]
39-3309. NEGOTIATED SERVICE AGREEMENT. (1) Each resident shall be provided a negotiated service agreement to provide for coordination of services and for guidance of the staff and management of the facility where the person resides. Upon completion, the agreement shall clearly identify the resident and describe the services to be provided to the resident and […]
39-3313. ADMISSION AGREEMENTS. (1) Upon admission to a residential care or assisted living facility, the facility and the resident shall enter into an admission agreement. The admission agreement shall clearly outline who is financially responsible for resident charges and shall clearly outline the facility’s resident discharge policies. The agreement shall be in writing and shall […]
39-3314. TERMINATION OF ADMISSION AGREEMENTS. Admission agreements may only be terminated pursuant to rules promulgated by the board. History: [39-3314, added 1990, ch. 116, sec. 2, p. 246; am. 2000, ch. 274, sec. 19, p. 815.]
39-3315. ADMISSION RECORDS. (1) Records required for admission to a facility shall be maintained and updated for administrative purposes only and shall be confidential. Their availability, subject to Idaho department of health and welfare rules, chapter 1, title 5, shall be limited to administration, professional consultants, the resident’s physician or authorized provider, and representatives of […]
39-3316. RESIDENT RIGHTS. A residential care or assisted living facility must protect and promote the rights of each resident, including each of the following rights: (1) Resident records. Each facility must maintain and keep current a record of the following information on each resident: (a) A copy of the resident’s current negotiated service agreement and […]
39-3317. NOTICE OF RIGHTS. Each facility must: (1) Inform each resident, orally and in writing at the time of admission to the facility, of his legal rights during the stay at the facility. (2) Make available to each resident, upon reasonable request, a written statement of such rights (which statement is updated upon changes in […]
39-3318. FACILITY RESPONSE TO INCIDENTS AND COMPLAINTS. (1) In addition to any other requirements of this chapter, the residential care or assisted living facility shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints. This procedure shall include a method of assuring that the administrator or designee has personally […]
39-3321. QUALIFICATIONS AND REQUIREMENTS OF ADMINISTRATOR. Each residential care or assisted living facility must employ at least one (1) administrator licensed by the division of occupational and professional licenses, which is responsible for licensing residential care facility administrators for the state of Idaho. Multiple facilities under one (1) administrator may be allowed by the department […]
39-3322. QUALIFICATIONS AND REQUIREMENTS FOR FACILITY STAFF. (1) Each facility must employ or arrange for sufficient trained staff to fully meet the needs of its residents and the requirements of this chapter. The facility shall have sufficient staff to provide care during all hours required in each resident’s negotiated service plan. Additional staff may be […]
39-3324. STAFF TRAINING. All employees of a residential care or assisted living facility shall receive orientation and continuing education pertinent to their job responsibilities. History: [39-3324, added 1990, ch. 116, sec. 2, p. 252; am. 2000, ch. 274, sec. 27, p. 821; am. 2005, ch. 280, sec. 18, p. 893.]
39-3325. REQUIREMENTS FOR LOCATION AND PHYSICAL ENVIRONMENT OF FACILITIES. Licensed residential or assisted living facilities shall: (1) Be located in geographical areas which are accessible to supportive services and are free from conditions which would pose a danger to the residents. (2) Be maintained in such a manner as to be free from fire and/or […]
39-3326. MEDICATIONS. The medication policy governed by the policy and procedure of the facility shall include a policy permitting, under the conditions specified, a licensed nurse to fill individual dose systems such as blister pack, mediset, or other system approved by the department. The policy shall provide for appropriate records to maintain security of medications […]
