T39CH33

Title 39 > T39CH33

Sections (34)

39-3301

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 assistance with activities of daily living and personal care but do not require the care of a nursing facility as defined in section 39-1301 , Idaho Code, other than for short exceptional stays meaning a treatment window designed to allow a resident to receive treatment for a short term acute episode as determined by a licensed professional nurse. The state will encourage the development of facilities tailored to the needs of individual populations that operate in integrated settings. A residential care or assisted living facility shall be operated and staffed by individuals who have the knowledge and experience required to provide safe and appropriate services to all residents of the facility. The administrator or manager of the facility shall ensure that an objective, individualized assessment to determine resident needs is conducted, develop a comprehensive negotiated plan of care to meet those needs, deliver appropriate services to meet resident needs, and ensure resident rights are honored. History: [39-3301, added 1990, ch. 116, sec. 2, p. 241; am. 1993, ch. 373, sec. 1, p. 1346; am. 2000, ch. 274, sec. 9, p. 809; am. 2005, ch. 280, sec. 3, p. 880; am. 2025, ch. 122, sec. 31, p. 638; am. 2025, ch. 208, sec. 1, p. 934.]

39-3302

TITLE 39 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 cor

39-3303

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 39-3303. Payment levels. (1)(a) Clients of the department who are receiving financial aid as set out in sections 56-207 and 56-208 , 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 reimbursement rate to the service provider. (b) Eligible participants must be allowed to choose the facility or services that are appropriate to meet their medical needs and financial ability to pay. The department is authorized to promulgate rules, subject to legislative approval, outlining the payment policy and calculations for clients of the department through negotiated rulemaking. (2) Residents who are not clients of the department shall: (a) Be assessed by the facility regarding their need for specific types of services and supports. This assessment, and the individual negotiated service agreement, shall determine the rate charged to the resident. (b) Receive a full description of services provided by the facility and associated costs upon admission, according to facility policies and procedures. A thirty (30) day notice must be provided prior to a change in facility billing practices or policies. When a resident’s level of care changes, a facility is entitled to charge the increased rate no sooner than the date that notice is provided. Billing practices shall be transparent and understandable. (c) Be charged for the use of furnishings, equipment, supplies and basic services as agreed upon in the negotiated service agreement or as identified in the admission agreement. History: [39-3303, added 1990, ch. 116, sec. 2, p. 243; am. 1993, ch. 373, sec. 3, p. 1349; am. 1996, ch. 207, sec. 2, p. 635; am. 2000, ch. 274, sec. 11, p. 813; am. 2005, ch. 280, sec. 5, p. 884; am. 2009, ch. 214, sec. 1, p. 673; am. 2025, ch. 82, sec. 103, p. 382; am. 2025, ch. 208, sec. 3, p. 937.]

39-3304

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 or physical disabilities or dementia and fifteen (15) beds or less for individual with mental illness will provide residents with the opportunity for normalized and integrated living in typical homes in neighborhoods and communities. History: [39-3304, added 1990, ch. 116, sec. 2, p. 244; am. 1993, ch. 373, sec. 4, p. 1350; am. 2000, ch. 274, sec. 12, p. 813; am. 2005, ch. 280, sec. 6, p. 885.]

39-3305

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 39-3305. Rules. (1) The board is authorized to adopt, amend, repeal and enforce such rules, subject to legislative approval, 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 shall exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any statute of this state. These rules are authorized, subject to legislative approval, to be promulgated in accordance with the provisions of the Idaho administrative procedure act. The department is authorized to, through negotiated rulemaking, promulgate rules in the following areas, subject to legislative approval: (a) Minimum criteria for the assessment; (b) Minimum criteria for the negotiated service agreement; (c) Guidelines for the facility’s physical environment and location; (d) Criteria for the facility’s license, to include: (i) Initial license application criteria and procedures; (ii) License renewal criteria, procedures and timing; (iii) Inspection criteria and procedures; (iv) Denial and revocation of license criteria and procedures; and (v) Effect of previous revocation or denial of license. (e) Remedy and enforcement provisions for noncompliance with statute. (2) Rules are authorized to be drafted and promulgated, subject to legislative approval, following negotiation with interested providers, assisted living associations, and advocates. History: [39-3305, added 1990, ch. 116, sec. 2, p. 244; am. 1993, ch. 373, sec. 5, p. 1350; am. 2000, ch. 274, sec. 13, p. 814; am. 2005, ch. 280, sec. 7, p. 885; am. 2025, ch. 208, sec. 4, p. 938.]

39-3307

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 and with appropriate skills, to provide. (2) The department is authorized to develop rules, subject to legislative approval, governing admissions to residential care or assisted living facilities. History: [39-3307, added 1990, ch. 116, sec. 2, p. 244; am. 1996, ch. 207, sec. 3, p. 636; am. 2000, ch. 274, sec. 15, p. 814; am. 2005, ch. 280, sec. 9, p. 886; am. 2025, ch. 208, sec. 5, p. 938.]

39-3308

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 39-3308. Assessment. (1) Initial assessments may be completed within thirty (30) days prior to a resident’s move into a residential care or assisted living facility, but must be completed prior to admission. (2) 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 to the needs of the client being assessed. The department is authorized to develop rules, subject to legislative approval, regarding: (a) Qualifications of persons making the assessments; (b) Department’s responsibility for state pay clients; (c) Information to be included in an assessment; (d) Use of an assessment in developing the negotiated service agreement; (e) Use of assessments in determining facility staffing ratios; and (f) Use of assessments for determining the ability of provider and facility to meet residents’ needs and special training or licenses that may be required in caring for certain residents. (3) The administrator shall ensure policies and procedures are developed and implemented to ensure nursing services are performed in accordance with applicable state regulations and the provisions of this chapter. (4)(a) A licensed nurse shall visit the facility at least once every ninety (90) days to conduct quarterly nursing assessments for each resident. A licensed nurse is responsible for delegating to others as appropriate based on the nurse’s license. (b) The licensed nurse shall be available to address changes in a resident’s health or mental status, to review and implement new orders, and to notify a physician or authorized provider when a resident repeatedly refuses to follow physician orders. History: [39-3308, added 1996, ch. 207, sec. 5, p. 636; am. 2005, ch. 280, sec. 10, p. 886; am. 2025, ch. 208, sec. 6, p. 938.]

39-3309

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 how such services are to be delivered. The negotiated service agreement shall be reviewed at least annually and upon any change in a diagnosis for the resident or other condition requiring substantially different additional or replacement services. (2) A negotiated service agreement shall be based on the person’s: (a) Assessment; (b) Service needs for activities of daily living; (c) Need for limited nursing services; (d) Need for medication assistance; (e) Frequency of needed services; (f) Level of assistance, i.e., standby, reminding, total; (g) Signature and approval of agreement; and (h) Signing date that the plan was approved. (3) The administrator or manager shall consult the resident or the resident’s family, guardian, representative, friends, or case manager, as necessary, in the development of the resident’s service agreement. (4) A copy of the agreement shall be given to the resident and a copy placed in the resident’s records file no later than two (2) weeks from admission. (5) A resident shall be given the choice and control of how and what services the facility shall provide, or external vendors shall provide, to the extent the resident can make choices, so long as the resident’s choice does not violate the provisions of section 39-3307 (1), Idaho Code. (6) On an exception basis, a record shall be made of any changes or inability to provide services outlined in the negotiated service agreement. (7) The agreement shall include a statement regarding when there is a need for external services. (8) There shall be documentation of refusal of certain treatments by competent resident or legal health care representative. History: [39-3309, added 1996, ch. 207, sec. 7, p. 637; am. 2005, ch. 280, sec. 11, p. 886; am. 2025, ch. 208, sec. 7, p. 939.]

39-3313

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 be signed by both parties. The board shall promulgate rules governing admission agreements which may be integrated with the negotiated service agreement. (2) A resident may be discharged for the following: (a) A resident’s failure to pay; (b) The facility’s inability to meet the resident’s needs; (c) The resident’s needs are greater than the level of care provided by the specific facility; (d) The resident is a danger to himself or others. (3) A resident shall have the right to appeal a discharge as established by department rule. (4) Should a residential care or assisted living facility choose not to carry professional liability insurance, that information shall be disclosed, in writing, to residents upon admission. History: [39-3313, added 1990, ch. 116, sec. 2, p. 246; am. 1996, ch. 207, sec. 11, p. 638; am. 2000, ch. 274, sec. 18, p. 815; am. 2005, ch. 280, sec. 12, p. 887.]

39-3314

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 the licensing agency. They shall include at least the following information: (a) Name and social security number. (b) Permanent address if other than the facility. (c) Marital status and sex. (d) Birthplace and date of birth. (e) Name, address and telephone number of responsible agent or agency. (f) Personal physician or authorized provider. (g) Admission date. (h) Results of a physical or health status examination performed by a licensed physician or authorized provider within six (6) months prior to admission. (i) A list of medications, treatments and diet prescribed for the resident which is signed and dated by the physician or authorized provider giving the order(s). (j) Religious affiliation if resident chooses to so state. (k) Interested relatives and friends other than those in paragraph (e) of this subsection. Names, addresses and telephone numbers of family members and/or significant others. (l) Resident assessment. (m) The results of any psychosocial evaluations or histories to ensure all resident needs are being met. (2) The resident’s personal or religious preferences with respect to medical treatment and medications shall be honored. History: [39-3315, added 1990, ch. 116, sec. 2, p. 246; am. 1996, ch. 207, sec. 12, p. 638; am. 2000, ch. 274, sec. 20, p. 815; am. 2005, ch. 280, sec. 13, p. 888.]

39-3316

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 39-3316. Resident rights. The administrator of a residential care or assisted living facility must ensure that policies and procedures are developed and implemented that protect and promote the rights of each resident, including each of the following rights: (1) Resident records. Upon request, a resident or others authorized by law shall be provided immediate access to information on the resident’s record and shall be provided with copies of such information within two (2) business days. 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 physician’s order. (b) Written acknowledgment that the resident has received copies of the rights. (c) A record of all personal property and funds that the resident has entrusted to the facility, including copies of receipts for the property. (d) Information about any specific health problems of the resident that may be useful in a medical emergency. (e) The name, address and telephone number of an individual identified by the resident who should be contacted in the event of an emergency or death of the resident. (f) Any other health-related, emergency, or pertinent information the resident requests the facility to keep on record. (g) The current admission agreement between the resident and the facility. (2) Privacy. Each resident must be assured the right to privacy with regard to accommodations, medical and other treatment, written and telephone communications, visits, and meetings of family and resident groups. (3) Humane care and environment, dignity, and respect. (a) Each resident shall have the right to humane care and a humane environment, including the following: (i) The right to a diet consistent with any religious or health-related restrictions. (ii) The right to refuse a restricted diet. (iii) The right to a safe and sanitary living environment. (b) Each resident shall have the right to be treated with dignity and respect, including: (i) The right to be treated in a courteous manner by staff. (ii) The right to receive a response from the facility to any request of the resident within a reasonable time. (iii) The right to be communicated with, orally and/or in writing, in a language the resident understands. (4) Personal possessions. Each resident shall have the right to: (a) Wear his own clothing. (b) Determine his own dress or hair style. (c) Retain and use his own personal property in his own living area so as to maintain individuality and personal dignity. (5) Personal funds. Residents whose board and care is paid for by public assistance shall retain, for their personal use, the difference between their total income and the applicable rent, utilities, and food allowance established by department rules. (a) A facility shall not require a resident to deposit his personal funds with the facility. (b)

39-3316A

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 39-3316A. notice of residents’ rights. Each facility shall: (1) Inform each resident, orally and in writing, at the time of admission to the facility of the resident’s legal rights during the stay at the facility; (2) Make available to each resident, upon reasonable request, a written statement of such rights, and notify a resident when such rights change; (3) Ensure the written statement of legal rights includes a description of the protection of personal funds and a statement that a resident may file a complaint with the department regarding resident abuse, neglect, and misappropriation of resident property in the facility at any time; and (4) Conspicuously post the residents’ rights in the facility at all times. History: [39-3316A, added 2025, ch. 208, sec. 9, p. 943.]

39-3317

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 such rights). (3) The written description of legal rights under this subsection shall include a description of the protection of personal funds and a statement that a resident may file a complaint with the licensing agency respecting resident abuse and neglect and misappropriation of resident property in the facility. A copy of the list of resident rights shall be conspicuously posted in the facility at all times. History: [39-3317, added 1990, ch. 116, sec. 2, p. 249.]

39-3318

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 39-3318. Facility response to incidents and complaints. In addition to any other requirements of this chapter, the residential care or assisted living facility shall have a process in place to address incidents and complaints. History: [39-3318, added 1990, ch. 116, sec. 2, p. 250; am. 2000, ch. 274, sec. 22, p. 819; am. 2005, ch. 280, sec. 15, p. 892; am. 2025, ch. 208, sec. 10, p. 944.]

39-3321

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 39-3321. Qualifications and requirements of administrator. (1) 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. Up to three (3) multiple facilities under one (1) administrator will be allowed by the department. (2) The administrator or the administrator’s designee is responsible for: (a) Ensuring that policies and procedures are developed and implemented to comply with this chapter; (b) Ensuring that adult protective services and law enforcement are notified when required pursuant to sections 39-5303 and 39-5310 , Idaho Code; (c) Ensuring that facility procedures for investigation of complaints, incidents, accidents, and allegations of abuse, neglect, or exploitation are implemented to ensure resident safety; (d) Identifying and monitoring patterns of accidents, incidents, or complaints and developing interventions to prevent recurrences; (e) Completing an investigation and written report of the findings within thirty (30) calendar days for each accident, incident, complaint, or allegation of abuse, neglect, or exploitation; (f) Being reachable and available at all times; and (g) Ensuring that no personnel providing hands-on care or supervision services is under seventeen (17) years of age, unless such personnel have completed a certified nursing assistant certification course. (3) The administrator or the administrator’s designee must be notified of all serious incidents, accidents, or allegations of abuse, neglect, or exploitation immediately and notified of complaints regarding health and safety issues within one (1) business day. (4) When abuse, neglect, exploitation, incidents, or accidents occur, corrective action shall be immediately taken and monitored to ensure the problem does not recur. (5) When a reportable incident occurs, the administrator or administrator’s designee shall notify the licensing agency within one (1) business day of the incident. (6) The facility shall notify the licensing agency, in writing, within three (3) business days of a change of administrator. History: [39-3321, added 1990, ch. 116, sec. 2, p. 251; am. 1996, ch. 207, sec. 15, p. 642; am. 2000, ch. 274, sec. 25, p. 820; am. 2003, ch. 201, sec. 1, p. 529; am. 2005, ch. 280, sec. 16, p. 892; am. 2022, ch. 94, sec. 3, p. 281; am. 2025, ch. 208, sec. 11, p. 944.]

39-3322

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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. Residential care or assisted living facilities shall not retain residents who require care at a nursing facility as defined in section 39-1301 , Idaho Code, other than for short exceptional stays pursuant to negotiated rulemaking as defined in chapter 52, title 67 , Idaho Code. (2) Should a residential care or assisted living facility choose not to carry professional liability insurance, that information shall be disclosed, in writing, to employees at the time of hiring. History: [39-3322, added 1990, ch. 116, sec. 2, p. 251; am. 1996, ch. 207, sec. 16, p. 642; am. 2000, ch. 274, sec. 26, p. 820; am. 2005, ch. 280, sec. 17, p. 893; am. 2025, ch. 122, sec. 32, p. 639; am. 2025, ch. 208, sec. 12, p. 945.]

39-3324

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 safety hazards. History: [39-3325, added 1990, ch. 116, sec. 2, p. 252; am. 2000, ch. 274, sec. 28, p. 821; am. 2005, ch. 280, sec. 19, p. 893.]

39-3326

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 and label with the name, dosage, amount, time to be taken, and special instructions if appropriate. The policy shall provide for appropriate records to maintain security of medications received from a pharmacist in accordance with pharmacy standards. Facilities may choose to use bulk containers for over-the-counter medications. History: [39-3326, added 2005, ch. 280, sec. 20, p. 894; am. 2025, ch. 208, sec. 13, p. 945.]

39-3330

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 1990, ch. 116, sec. 2, p. 252; am. 1992, ch. 66, sec. 1, p. 200; am. 1993, ch. 373, sec. 7, p. 1350; am. 2000, ch. 274, sec. 29, p. 821; am. 2005, ch. 280, sec. 21, p. 894; am. 2011, ch. 123, sec. 1, p. 346.]

39-3331

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 living facilities. (2) To advise the agency during development and revision of rules. (3) To review and comment upon any proposed rules pertaining to residential care or assisted living. (4) To submit an annual report to the legislature stating opinions and recommendations which would further the state’s capability in addressing residential care or assisted living facility issues. History: [39-3331, added 1990, ch. 116, sec. 2, p. 253; am. 1992, ch. 66, sec. 2, p. 201; am. 2000, ch. 274, sec. 30, p. 822; am. 2005, ch. 280, sec. 22, p. 895; am. 2011, ch. 123, sec. 2, p. 347.]

39-3332

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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. (3) Accommodations for alternative meeting formats. History: [39-3332, added 1990, ch. 116, sec. 2, p. 253; am. 2005, ch. 280, sec. 23, p. 895; am. 2011, ch. 123, sec. 3, p. 347.]

39-3333

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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, ch. 280, sec. 24, p. 895.]

39-3340

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 has ultimate responsibility for the operation of the facility. (2) Each residential care or assisted living facility in the state requires an administrator, properly licensed by the division of occupational and professional licenses The licensed administrator may perform the day-to-day responsibilities at the facility or may delegate all day-to-day responsibilities to a facility manager. A licensed administrator may serve up to three (3) multiple facilities and delegate all day-to-day responsibilities to on-site managers. (3) All facilities must be licensed by the department. (a) Change of building ownership, new construction, or buildings being converted to a facility shall be licensed, and the operator shall follow the application procedures and obtain a license before commencing operation as a facility. (b) When there is a change of operator or lessee in currently licensed buildings, the operator or lessee shall follow the licensing process for currently licensed buildings. Facilities shall submit requested licensing documents to the department. Any company or individual established in the state of Idaho with at least one (1) operating facility shall not be required to submit an updated copy of policies and procedures. The licensing process shall not require a fire life safety inspection prior to license issuance. Within one hundred eighty (180) days of license issuance fire life safety shall inspect and provide recommendations, if any, to the new operator or lessee. (c) Any minor change of ownership of existing buildings shall be communicated to the department within sixty (60) days of the change. (d) Exceptions to the provisions of this section may be made by the department for temporary management. History: [39-3340, added 1990, ch. 116, sec. 2, p. 253; am. 1993, ch. 373, sec. 8, p. 1351; am. 2000, ch. 274, sec. 31, p. 822; am. 2005, ch. 280, sec. 25, p. 896; am. 2015, ch. 46, sec. 1, p. 98; am. 2022, ch. 94, sec. 4, p. 282; am. 2025, ch. 208, sec. 14, p. 945.]

39-3345

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 chapter or the rules promulgated pursuant to this chapter. History: [39-3345, added 1990, ch. 116, sec. 2, p. 255; am. 2000, ch. 274, sec. 34, p. 824; am. 2005, ch. 280, sec. 26, p. 896.]

39-3349

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 of care provided by the facility. History: [39-3349, added 1990, ch. 116, sec. 2, p. 256; am. 2000, ch. 274, sec. 36, p. 824; am. 2005, ch. 280, sec. 27, p. 896.]

39-3351

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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, meals, transportation, housekeeping, or recreational and social activities; or that has residents accessing supportive services from an entity approved to provide such services in Idaho and holding no legal ownership interest in the entity operating the facility; or (3) Any arrangement for the receiving and care of persons by a relative. History: [39-3351, added 1990, ch. 116, sec. 2, p. 256; am. 1996, ch. 207, sec. 18, p. 643; am. 2005, ch. 280, sec. 28, p. 897; am. 2025, ch. 208, sec. 15, p. 946.]

39-3352

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 any one (1) of the following conditions is satisfied: (a) The facility is, or is held out as or represented as, providing care, supervision and services. (b) The facility accepts or retains residents who demonstrate the need for care, supervision, and services, as defined in this chapter or the rules adopted pursuant to this chapter. (3) Upon discovery of an unlicensed residential care or assisted living facility, the department shall refer residents to the appropriate placement or adult protective services agency if either of the following conditions exist: (a) There is an immediate threat to the resident’s health and safety. (b) The facility will not cooperate with the licensing agency to apply for a license, meet licensing standards, and obtain a valid license. (4) A person found to be operating a residential care or assisted living facility without a license may be guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six (6) months, or by a fine not to exceed five thousand dollars ($5,000). (5) In the event the county attorney in the county where the alleged violation occurred fails or refuses to act within thirty (30) days of notification of the violation, the attorney general is authorized to prosecute violations under the provisions of this section. History: [39-3352, added 1990, ch. 116, sec. 2, p. 256; am. 1993, ch. 373, sec. 10, p. 1352; am. 2000, ch. 274, sec. 38, p. 824; am. 2005, ch. 280, sec. 29, p. 897; am. 2025, ch. 208, sec. 16, p. 946.]

39-3355A

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 39-3355A. inspections. (1) The licensing agency shall cause to be made such inspections and investigations to determine compliance with this chapter and applicable rules. (2) Initial inspections, licensure or re-licensure inspections, follow-up inspections, and fire life safety inspections shall be scheduled in advance, with facilities receiving notice at least thirty (30) days prior to the inspection date. (3) Initial surveys shall be conducted within ninety (90) days of licensure, followed by a licensure survey within fifteen (15) months. (4) Complaint investigation surveys shall occur based on the potential severity of the complaint and shall be made unannounced and without prior notice. (5) The department may accept the services of any qualified person or organization, either public or private, to examine, survey, or inspect any entity requesting or holding a facility license, including as described in subsection (13) of this section. (6) An inspector shall have full access and authority to examine, among other things, quality of care and service delivery, a facility’s records, resident accounts, and physical premises, including buildings, grounds and equipment, and any other areas necessary to determine compliance with this chapter and applicable rules. (7) An inspector shall have authority to interview the licensee, administrator, staff, and residents. Interviews with residents shall be confidential and conducted privately unless otherwise specified by the resident. (8) The licensing agency shall notify the facility, in writing, of all deficiencies, provide a proposed plan of correction for all deficiencies, and approve a reasonable length of time for compliance by the facility. At the time of the exit conference, the licensing agency shall provide the facility a written report specifying the non-core issue deficiencies. Facilities are not required to submit plans of correction for non-core deficiencies. (9) When core issues are identified during a survey, the licensing agency shall provide a written report within ten (10) business days of the exit conference or the last day of receipt of additional material. Facilities may either adopt the proposed plan of correction or submit an alternative plan of correction for approval by the department for core issue deficiencies. (10) If any deficiencies constitute an immediate jeopardy, the department shall require immediate correction of deficient practice. (11) Current lists of deficiencies, including plans of correction, shall be available to the public upon request in the individual facilities or by written request to the department. (12) The licensing agency shall conduct follow-up surveys to ascertain corrections to issues are made according to the time frames established in the plan of correction for core issues. If the department identifies repeat deficient facility practices during any follow-up survey, the

39-3355B

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 39-3355B. plan of correction for core issues. (1) The facility shall either accept the proposed plan of correction for core issues or develop and submit an acceptable plan of correction to the licensing agency within ten (10) business days of receipt of the written report of identified core issues. If an acceptable plan of correction is not submitted within the required time frame, the department may initiate or extend enforcement actions. (2) An acceptable plan of correction shall include: (a) A plan to ensure correction of each deficient practice and ongoing compliance; (b) A description of how, and at what frequency, corrective actions will be monitored to ensure that each deficient practice is corrected and will not recur, such as what program will be put into place to monitor the continued effectiveness of the systemic change; and (c) The completion date for correcting each deficiency. No correction date may be more than forty-five (45) days from the exit date printed on the written report except in unusual circumstances and only with the written approval of the licensing agency. History: [39-3355B, added 2025, ch. 208, sec. 19, p. 949.]

39-3356

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 a requirement of this chapter has been violated, it shall conduct an inspection of the facility unannounced, unscheduled, and without written notice. (3) A complaint filed with the licensing agency which is subsequently released to the facility that is the subject of the complaint or to any member of the public shall not disclose the name or identifying characteristics of the complainant unless: (a) The complainant consents in writing to the disclosure. (b) The investigation results in a judicial proceeding and disclosure is ordered by the court. (c) If the disclosure is essential to the investigation, the complainant shall be given an opportunity to withdraw the complaint before disclosure. (4) The licensing agency shall inform the complainant or, if requested by the complainant, the complainant’s designated representative, of the results of the investigation and any action taken by the agency. (5) Complaints shall not be listed on the department’s public website. Substantiated complaints that result in a citation may be included in the inspection results on the department’s public website. History: [39-3356, added 1990, ch. 116, sec. 2, p. 257; am. 2025, ch. 208, sec. 20, p. 949.]

39-3357

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 shall take immediate action to remove the jeopardy and correct the deficiencies through the remedy specified in section 39-3358 (1)(c), Idaho Code, or prohibit the facility from keeping or admitting residents and may provide, in addition, for one (1) or more of the other remedies described in section 39-3358 , Idaho Code. (b) Do not immediately jeopardize the health or safety of its residents, the department shall provide for one (1) or more of the remedies described in section 39-3358 , Idaho Code. (2) Nothing in this section shall be construed as restricting the remedies available to the department to remedy a facility’s deficiencies. If the department finds that a facility meets the requirements of this chapter, but, as of a previous period, intentionally did not meet such requirements, the department may provide for a civil money penalty under section 39-3358 (1)(b), Idaho Code, for the days in which it finds that the facility was not in compliance with such requirements. (3) Residential care or assisted living facilities may be cited only for a violation of a requirement that is specified in an applicable law or in a rule promulgated in compliance with an applicable law. Facilities may not be cited for an act that is not expressly proscribed by an applicable law or rule or for an omission when an applicable law or rule does not expressly require the conduct omitted. If the department requires a specific corrective action in relation to a citation, that requirement must be in writing and reference the corresponding rule. (4) If a civil money penalty is assessed against a facility for deficiencies that do not require relocation of residents or facility closure, the facility may use funds equal to the penalty amount to correct the deficiencies instead of paying the penalty. Documentation of expenditures addressing the deficiencies must be submitted to the department. (5) Funds collected from such penalties, including those held by the department on July 1, 2025, or collected after such date, may be used by facilities through a department-administered grant program to improve resident care and quality of life. The department shall establish guidelines and a process for grant applications and fund distribution. History: [39-3357, added 1990, ch. 116, sec. 2, p. 258; am. 2000, ch. 274, sec. 42, p. 826; am. 2016, ch. 210, sec. 1, p. 593; am. 2025, ch. 208, sec. 21, p. 949.]

39-3358

TITLE 39 HEALTH AND SAFETY CHAPTER 33 IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT 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 a requirement of this chapter. Funds collected by the department as a result of imposition of such a penalty shall be applied to the protection of the health or property of residents of residential or assisted living facilities that the department finds deficient, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost. (c) The appointment of temporary management to oversee the operation of the facility and to assure the health and safety of the facility’s residents, where there is a need for temporary management while: (i) There is an orderly closure of the facility. (ii) Improvements are made in order to bring the facility into compliance with all the requirements of this chapter. (iii) The temporary management under this clause shall not be terminated until the department has determined that the facility has the management capability to ensure continued compliance with all the requirements of this chapter. (d) The authority, in the case of an emergency, to summarily suspend the license, to close the facility, and/or to transfer residents in that facility to other facilities. (2) The department shall also specify criteria as to when and how each of such remedies is to be applied, the amounts of any fines, and the severity of each of these remedies, to be used in the imposition of such remedies. Such criteria shall be designed so as to minimize the time between the identification of violations and final imposition of the remedies and shall provide for the imposition of incrementally more severe fines for repeated or uncorrected deficiencies. History: [39-3358, added 1990, ch. 116, sec. 2, p. 258; am. 2000, ch. 274, sec. 43, p. 827.]