39-3330. ADVISORY COUNCIL. The department shall establish a state level advisory council consisting of twenty (20) members appointed by the organizations and/or agencies represented on the council. The chairman of the council shall be elected from the membership. The members of the council shall be determined by the bylaws of the council. History: [39-3330, added […]
39-3331. POWERS AND DUTIES OF THE ADVISORY COUNCIL. The residential care or assisted living advisory council shall have the following powers and duties: (1) To make policy recommendations regarding the coordination of licensing and enforcement standards in residential care or assisted living facilities and the provision of services to residents of residential care or assisted […]
39-3332. MEETINGS. The residential care or assisted living advisory council shall meet as necessary but not less than four (4) times a year. Meetings of the council shall be open to the public. The department shall provide: (1) Staff necessary to assist the council in performing its duties. (2) Space for meetings of the council. […]
39-3333. REIMBURSEMENT OF EXPENSES. Members of the residential care and assisted living advisory council shall be reimbursed by the department for their actual expenses incurred in the performance of their duties, not to exceed the limits set forth in the state travel guidelines. History: [39-3333, added 1990, ch. 116, sec. 2, p. 253; am. 2005, […]
39-3340. LICENSING. (1) Any person, firm, partnership, association, governmental unit, or corporation within the state proposing to operate, establish, manage, conduct, or maintain a residential care or assisted living facility in the state shall have a license issued by the licensing agency of the department. A license is not transferable. The owner of the license […]
39-3345. DENIAL OR REVOCATION OF A LICENSE. The licensing agency may deny the issuance of a license or revoke any license when persuaded by a preponderance of evidence that such conditions exist as to endanger the health or safety of residents, or when the facility is not in substantial compliance with the provisions of this […]
39-3349. RESPONSIBILITY FOR INSPECTIONS AND TECHNICAL ASSISTANCE. The licensing agency shall inspect and provide technical assistance to residential care or assisted living facilities. The department may provide consulting services upon request to any residential care or assisted living facility to assist in the identification or correction of deficiencies and in the upgrading of the quality […]
39-3351. EXEMPTIONS. The provisions of this chapter do not apply to any of the following: (1) Any health facility as defined by chapter 13, title 39, Idaho Code. (2) Any house, institution, hotel, congregate housing project, retirement home or other similar place that is limited to providing one (1) or more of the following: housing, […]
39-3352. UNLICENSED RESIDENTIAL CARE OR ASSISTED LIVING FACILITIES. (1) No unlicensed residential care or assisted living facility shall operate in this state. (2) A facility shall be deemed to be an "unlicensed residential care or assisted living facility" and "maintained and operated to provide services" if it is unlicensed and not exempt from licensure, and […]
39-3354. WAIVER OR VARIANCE. The board shall provide by rule a procedure whereby a temporary variance or a permanent waiver of a specific standard may be granted in the event that good cause is shown for such a variance or waiver and providing that a variance or waiver of a standard does not endanger the […]
39-3354A. SPECIAL WAIVER PERMITTED. The department may grant a special waiver of the requirement for licensure as a residential care or assisted living facility when it is deemed in the best interests of individuals and with due consideration of the following criteria: (1) The individuals are residents of a facility operated by a nonprofit health […]
39-3355. INSPECTIONS. (1) The licensing agency shall cause to be made such inspections and investigations to determine compliance with this chapter and applicable rules. (2) Inspections for such purposes will be made unannounced and without prior notice at the discretion of the department and at intervals determined by the licensing agency. (3) An inspector shall […]
39-3356. COMPLAINTS. (1) A person who believes that any provision of this chapter has been violated may file a complaint with the licensing agency. (2) The licensing agency shall investigate, or cause to be investigated, any complaint alleging a violation of this chapter or applicable rules, regulations and standards. If the licensing agency reasonably believes […]
39-3357. ENFORCEMENT PROCESS. (1) If the licensing agency finds, on the basis of inspections as defined in this chapter or otherwise, that a residential or assisted living facility no longer meets a requirement of this chapter, and further finds that the facility’s deficiencies: (a) Immediately jeopardize the health or safety of its residents, the department […]
39-3358. SPECIFIED REMEDIES. (1) The department shall establish at least the following remedies: (a) Prohibit the facility from admitting residents or prohibit a facility from keeping or admitting residents with a specific diagnosis. (b) A civil money penalty assessed and collected, with interest, for each day the facility is or was out of compliance with […]
