reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 30 - RADIATION AND NUCLEAR MATERIAL › Section 39-3021 - REPRESENTATIVE ON WESTERN INTERSTATE NUCLEAR BOARD.

39-3021. REPRESENTATIVE ON WESTERN INTERSTATE NUCLEAR BOARD. The member of the western interstate nuclear board representing the state of Idaho shall be appointed by the governor and serve at his pleasure.
History:
[39-3021, added 1969, ch. 34, sec. 2, p. 61.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 30 - RADIATION AND NUCLEAR MATERIAL › Section 39-3022 - ALTERNATE.

39-3022. ALTERNATE. The alternate required pursuant to article II(a) of the compact shall be designated by the western interstate nuclear board member representing the state of Idaho, and shall serve at his pleasure in an order specified by him.
History:
[39-3022, added 1969, ch. 34, sec. 3, p. 61.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 30 - RADIATION AND NUCLEAR MATERIAL › Section 39-3023 - COPIES OF BY-LAWS TO BE FILED WITH STATE OFFICERS.

39-3023. COPIES OF BY-LAWS TO BE FILED WITH STATE OFFICERS. Pursuant to article II(j) of the compact, the western interstate nuclear board shall file copies of its by-laws and any amendments thereto with the secretary of state and the executive director of the office of nuclear energy development.
History:
[39-3023, added 1969, ch. 34, sec. 4, p. 61.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 30 - RADIATION AND NUCLEAR MATERIAL › Section 39-3024 - PERSONS DISPATCHED TO ANOTHER STATE.

39-3024. PERSONS DISPATCHED TO ANOTHER STATE. The laws of the state of Idaho and any benefits payable thereunder shall apply and be payable to any persons dispatched to another state pursuant to article VI of the compact. If the aiding personnel are officers or employees of the state of Idaho or any subdivisions thereof, they shall be entitled to the same workmen’s compensation or other benefits in case of injury or death to which they would have been entitled if injured or killed while engaged in coping with a nuclear incident in their jurisdictions of regular employment.
History:
[39-3024, added 1969, ch. 34, sec. 5, p. 61.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 30 - RADIATION AND NUCLEAR MATERIAL › Section 39-3026 - IMPLEMENTATION OF ARTICLE III.

39-3026. IMPLEMENTATION OF ARTICLE III. The state department of environmental quality shall adopt the practices and may impose the fees authorized under article III of the compact, except that the Idaho state police and the public utilities commission shall retain their existing enforcement and inspection authority relating to carriers. The board of environmental quality shall adopt such rules as may be necessary to enable the department of environmental quality to carry out the provisions of this section.
History:
[39-3026, added 1981, ch. 345, sec. 2, p. 718; am. 2000, ch. 469, sec. 95, p. 1548; am. 2001, ch. 103, sec. 29, p. 273; am. 2007, ch. 83, sec. 5, p. 226.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 30 - RADIATION AND NUCLEAR MATERIAL › Section 39-3027 - LAW PROHIBITING USE OF NUCLEAR ENERGY FOR GENERATION OF ELECTRICITY PROHIBITED UNLESS SUBMITTED TO ELECTORATE.

39-3027. LAW PROHIBITING USE OF NUCLEAR ENERGY FOR GENERATION OF ELECTRICITY PROHIBITED UNLESS SUBMITTED TO ELECTORATE. No law shall be enacted by the State of Idaho to prohibit the use of nuclear energy for the generation of electricity, unless the proposed measure shall have first been submitted to the electorate at the next earliest general election. The results of such submission of the question to the electorate shall be advisory in nature, and shall not prevent the legislature from acting in any manner on the measure.
History:
[39-3027, added 1982, Init. Measure 3.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 30 - RADIATION AND NUCLEAR MATERIAL › Section 39-3028 - DISPOSAL OF URANIUM MILL TAILINGS.

39-3028. DISPOSAL OF URANIUM MILL TAILINGS. (1) Legislative declaration. The legislature hereby finds and declares that the existence of uranium mill tailings at active and inactive mill operations could pose a potential radiation health hazard. This section is enacted to protect the public health, safety, and welfare by authorizing the department of environmental quality to cooperate with the federal government in providing for the stabilization, disposal, and control of such tailings in a safe and environmentally sound manner.
(2) Terms defined. For the purposes of this section, the terms "processing site" and "residual radioactive material" shall have the meanings specified in section 101(6) and (7), respectively, of public law 95-604, 42 U.S.C., section 7901, et seq., as from time to time amended.
(3) Authorization to participate. The department of environmental quality is hereby authorized to participate in federal implementation of the "Uranium Mill Tailings Radiation Control Act of 1978" (P.L. 95-604), and for such purpose the agency may:
(a) Enter into cooperative agreements with the secretary of energy to perform remedial actions at processing sites designated by the secretary;
(b) Obtain written consent from the record owner of a designated processing site to perform remedial actions at such site;
(c) Provide for reimbursement for the actual cost of any remedial action in accordance with the terms of public law 95-604;
(d) Acquire and dispose of any designated processing site, including any interest in such site, and any site to be used for the permanent disposition and stabilization of residual radioactive materials;
(e) Participate in the selection and performance of remedial actions.
(4) Financial participation.
(a) The legislature accepts in principle the provisions of section 107(a) of public law 95-604 which requires the state to pay ten percent (10%) of the actual cost of any remedial action and administrative costs from nonfederal moneys, reserving, however, the right and authority to limit through yearly appropriations the amount of state moneys committed to such costs.
(b) The state of Idaho may receive all or a share of the net profits derived from the recovery of minerals from residual radioactive materials at any designated processing site within the state in accordance with the provisions of section 108(b) of public law 95-604.
History:
[39-3028, added 1984, ch. 257, sec. 1, p. 617; am. 2007, ch. 83, sec. 6, p. 226.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3121 - DECLARATION OF POLICY.

39-3121. DECLARATION OF POLICY. It is the policy of this state to provide treatment services for its citizens living with mental illness and/or substance use disorder, acknowledging that these illnesses cause intense human suffering and severe social and economic loss to the state. Recognizing that there is insufficient funding to meet the many needs of Idahoans with behavioral health disorders, it is critical that the behavioral health system efficiently use existing and future resources and increase accountability for services and funding. Additionally, the system needs to distinguish between and accommodate for the difference in the treatment and support services for children, youth, adults and the transitions between them. Regional behavioral health services, providing early and appropriate diagnosis and treatment, have proven to be effective in reducing the adverse impact of these disorders and valuable in creating the possibility of recovery. Families play a key role in the successful treatment of behavioral health disorders and provision of services. Participation by consumers and their families in system governance is critical to ensure ongoing system improvements. Acknowledging the policy of the state to provide behavioral health services to all citizens in need of such care, it is the purpose of this chapter to delegate to the state behavioral health authority the responsibility and authority to establish and maintain regional behavioral health services in order to extend appropriate mental health and substance use disorder treatment services to its citizens within all regions of the state.
History:
[39-3121, added 2014, ch. 43, sec. 2, p. 107.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3122 - DEFINITIONS.

39-3122. DEFINITIONS. (1) "Behavioral health" means an integrated system for evaluation and treatment of mental health and substance use disorders.
(2) "Family support partner" means an individual who:
(a) Has lived experience caring for a child with a behavioral health diagnosis, mental illness or mental illness with a co-occurring substance use disorder;
(b) Has specialized training related to such care; and
(c) Has successfully navigated the various systems of care.
(3) "Peer support specialist" means an individual in recovery from mental illness or mental illness with a co-occurring substance use disorder who uses his or her lived experience and specialized training to assist other individuals in their own recovery.
(4) "Recovery coach" means an individual who has lived experience of recovery from a substance use disorder or co-occurring mental illness, either as a person in recovery or as a family member or significant other who uses his or her lived experience and specialized training to assist other individuals in their own recovery.
(5) "Region" means the administrative regions as defined by the department of health and welfare. Two (2) or more regions may consolidate for the purposes of this chapter. For the purposes of this chapter, regions will be consistent with judicial districts.
(6) "Supportive services" means ancillary non-clinical services provided as part of community family support and recovery support to promote and sustain the ability of individuals with behavioral health disorders to live in the community and avoid institutionalization. Supportive services include services provided by a family support partner, peer support specialist or recovery coach.
History:
[39-3122, added 2014, ch. 43, sec. 3, p. 108; am. 2018, ch. 34, sec. 1, p. 64.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3123 - DESIGNATION OF STATE MENTAL HEALTH AUTHORITY AND STATE SUBSTANCE USE DISORDER AUTHORITY.

39-3123. DESIGNATION OF STATE MENTAL HEALTH AUTHORITY AND STATE SUBSTANCE USE DISORDER AUTHORITY. The Idaho department of health and welfare is hereby designated the state mental health authority and the state substance use disorder authority, hereinafter referred to as the state behavioral health authority. The state behavioral health authority is responsible for overseeing the state of Idaho’s behavioral health system of care. The department shall fulfill this role through a collaborative process, taking into consideration and incorporating whenever reasonably possible the recommendations and evaluations of the state behavioral health planning council and the regional behavioral health boards in all statewide efforts to expand, improve, modify or transform the behavioral health service delivery system of the state. The provisions of this section shall not prohibit appropriations to executive agencies or the judiciary to fund community-based behavioral health treatment within their target population. The behavioral health authority shall report utilization, performance, outcome and other quality assurance data to the state behavioral health planning council and the regional behavioral health board on an annual basis.
History:
[(39-3123) 39-3124, added 1969, ch. 202, sec. 2, p. 589; am. 1973, ch. 87, sec. 9, p. 137; am. 1974, ch. 23, sec. 147, p. 633; am. 2006, ch. 277, sec. 1, p. 849; am. and redesig. 2014, ch. 43, sec. 5, p. 108.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3124 - IDAHO BEHAVIORAL HEALTH COOPERATIVE.

39-3124. IDAHO BEHAVIORAL HEALTH COOPERATIVE. The behavioral health authority shall establish the Idaho behavioral health cooperative to advise it on issues related to the coordinated delivery of community-based behavioral health services. The membership shall include representatives from the Idaho state judiciary, the Idaho department of correction, the Idaho department of juvenile corrections, the office of drug policy, the Idaho association of counties, the state behavioral health planning council, an adult consumer of services, a family member of a youth consumer of services, the state department of education and the Idaho department of health and welfare, at a minimum, but may also include other members as deemed necessary by the behavioral health authority. The Idaho behavioral health cooperative shall meet quarterly, with additional meetings called at the request of the state behavioral health authority.
History:
[39-3124, added 2014, ch. 43, sec. 6, p. 108.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3126 - DESIGNATION OF REGIONAL BEHAVIORAL HEALTH CENTERS.

39-3126. DESIGNATION OF REGIONAL BEHAVIORAL HEALTH CENTERS. Recognizing both the need of every citizen to receive the best behavioral health services that the state is able to provide within budgetary confines and the disproportionate ability of counties to finance behavioral health services, the state behavioral health authority shall designate regions and be responsible for establishing regional behavioral health centers for all areas of the state. In the establishment of regions, primary consideration will be given to natural population groupings and service areas, the regions previously designated for the establishment of other health services, the behavioral health needs of the people within the proposed regions, and the appropriate maximal use of available funding.
History:
[(39-3126) 39-3125, added 1969, ch. 202, sec. 3, p. 589; am. and redesig. 2006, ch. 277, sec. 2, p. 849; am. 2014, ch. 43, sec. 8, p. 110.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3127 - COORDINATION OF SERVICES BETWEEN REGIONS AND STATE.

39-3127. COORDINATION OF SERVICES BETWEEN REGIONS AND STATE. The director of the department of health and welfare shall coordinate services between the regional behavioral health centers, regional behavioral health boards and the state psychiatric hospitals.
History:
[39-3127, added 2014, ch. 43, sec. 9, p. 110.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3128 - FACILITIES FOR BEHAVIORAL HEALTH CENTERS.

39-3128. FACILITIES FOR BEHAVIORAL HEALTH CENTERS. The state behavioral health authority may contract for the lease of facilities appropriate for the establishment of behavioral health centers. In order to encourage the development of comprehensive and integrated health care and whenever feasible and consistent with behavioral health treatment, these facilities shall be in or near facilities within the region housing other health services.
History:
[39-3128, added 2014, ch. 43, sec. 10, p. 110.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3129 - DIVISION ADMINISTRATOR FOR REGIONAL BEHAVIORAL HEALTH CENTERS — DUTIES.

39-3129. DIVISION ADMINISTRATOR FOR REGIONAL BEHAVIORAL HEALTH CENTERS — DUTIES. The director of the department of health and welfare shall appoint a division administrator to manage the regional behavioral health centers and shall supervise its program; shall prescribe uniform standards of treatment, services and care provided by the regional behavioral health centers and regional behavioral health boards; shall set the professional qualifications for staff positions; and make such other policy as are necessary and proper to carry out the purposes and intent of this chapter.
History:
[39-3129, added 2014, ch. 43, sec. 12, p. 110.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3130 - RECIPROCAL AGREEMENTS BETWEEN STATES TO SHARE SERVICES.

39-3130. RECIPROCAL AGREEMENTS BETWEEN STATES TO SHARE SERVICES. In such regions where natural population groupings overlap state boundaries, an interstate regional behavioral health service may be established jointly with a neighboring state or states. In such instances, the state behavioral health authority may enter into reciprocal agreements with these states to either share the expenses of the service in proportion to the population served; to allow neighboring states to buy services from Idaho; or to allow Idaho to purchase services that are otherwise not available to its citizens.
History:
[(39-3130) (39-3127) 39-3126, added 1969, ch. 202, sec. 4, p. 589; am. and redesig. 2006, ch. 277, sec. 4, p. 850; am. and redesig. 2014, ch. 43, sec. 13, p. 111.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3131 - BEHAVIORAL HEALTH SERVICES TO BE OFFERED.

39-3131. BEHAVIORAL HEALTH SERVICES TO BE OFFERED. The regional behavioral health center shall provide or arrange for the delivery of services that, combined with community family support and recovery support services provided through the regional behavioral health boards, medicaid and services delivered through a private provider network, will lead to the establishment of a comprehensive regional behavioral health system of care that incorporates patient choice and family involvement to the extent reasonably practicable and medically and professionally appropriate. The regional behavioral health center shall provide or arrange for the delivery of the following services:
(1) Treatment services for individuals who do not have other benefits available to meet their behavioral health needs as resources allow including, but not limited to, psychiatric services, medication management, rehabilitative and community-based services, outpatient and intensive outpatient services, assertive community treatment, case management and residential care;
(2) Community family support and recovery support services as defined in section 39-3135(7), Idaho Code, until the regional behavioral health board can meet the initial readiness criteria and voluntarily accepts responsibility for these services or if the regional behavioral health board fails to sustain criteria to maintain responsibility for these services;
(3) Evaluation and intervention for individuals experiencing a behavioral health emergency;
(4) Hospital precare and postcare services, in cooperation with state and community psychiatric hospitals, for individuals who have been committed to the custody of the director of health and welfare pursuant to sections 18-212 and 66-329, Idaho Code, or who are under an involuntary treatment order pursuant to chapter 24, title 16, Idaho Code;
(5) Evaluation and securing mental health treatment services as ordered by a court for individuals pursuant to section 19-2524, 20-511A or 20-519B, Idaho Code; and
(6) Evaluation and securing treatment services for individuals who are accepted into mental health courts.
History:
[(39-3131) (39-3128) 39-3127, added 1969, ch. 202, sec. 5, p. 589; am. and redesig. 2006, ch. 277, sec. 5, p. 851; am. and redesig. 2014, ch. 43, sec. 15, p. 111.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3132 - REGIONAL BEHAVIORAL HEALTH BOARDS — ESTABLISHMENT.

39-3132. REGIONAL BEHAVIORAL HEALTH BOARDS — ESTABLISHMENT. There is hereby created and established in each region a regional behavioral health board. It is legislative intent that the regional behavioral health boards operate and be recognized not as a state agency or department, but as governmental entities whose creation has been authorized by the state, much in the manner as other single purpose districts. However, the regional behavioral health boards shall have no authority to levy taxes. For the purposes of section 59-1302(15), Idaho Code, the seven (7) regional behavioral health boards created pursuant to this chapter shall be deemed governmental entities. The regional behavioral health boards are authorized to provide the community family support and recovery support services identified in section 39-3135(7), Idaho Code. The services identified in section 39-3135(7), Idaho Code, shall not be construed to restrict the services of the regional behavioral health board solely to these categories.
History:
[39-3132, added 2014, ch. 43, sec. 16, p. 112.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3133 - EXECUTIVE COMMITTEE OF THE REGIONAL BEHAVIORAL HEALTH BOARDS.

39-3133. EXECUTIVE COMMITTEE OF THE REGIONAL BEHAVIORAL HEALTH BOARDS. Each regional behavioral health board shall annually elect from within its membership an executive committee of five (5) members empowered to make fiscal, legal and business decisions on behalf of the full board or join with another governmental entity that can fulfill the same management infrastructure function. If the regional behavioral health board elects to create its own internal executive committee, the membership shall be representative of the regional behavioral health board membership and must, at a minimum, include one (1) mental health consumer or advocate and one (1) substance use disorder consumer or advocate. The executive committees or the partner public entity shall have the power and duty, on behalf of the regional behavioral health boards, to:
(1) Establish a fiscal control policy as required by the state controller;
(2) Enter into contracts and grants with other governmental and private agencies, and this chapter hereby authorizes such other agencies to enter into contracts with the regional behavioral health boards as deemed necessary to fulfill the duties imposed upon the board to promote and sustain the ability of individuals with behavioral health disorders to live in the community and avoid institutionalization;
(3) Develop and maintain bylaws as necessary to establish the process and structure of the board; and
(4) Employ and fix the compensation, subject to the provisions of chapter 53, title 67, Idaho Code, of such personnel as may be necessary to carry out the duties of the regional behavioral health boards.
All meetings of the executive committee shall be held in accordance with the open meetings law as provided for in chapter 2, title 74, Idaho Code.
History:
[39-3133, added 2014, ch. 43, sec. 18, p. 112; am. 2017, ch. 58, sec. 17, p. 112.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3136 - FUNDS.

39-3136. FUNDS. The financial support for the regional behavioral health centers shall be furnished by state appropriations and by whatever federal funds are available in an identifiable section within the behavioral health program budgets. Behavioral health services that are financed or contracted by local or federal sources may be incorporated into the regional behavioral health centers subject to the approval of the state behavioral health authority.
History:
[39-3136, added 1969, ch. 202, sec. 14, p. 589; am. 2014, ch. 43, sec. 24, p. 115.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3137 - SERVICES TO BE NONDISCRIMINATORY — FEES.

39-3137. SERVICES TO BE NONDISCRIMINATORY — FEES. No regional behavioral health center or regional behavioral health board shall refuse service to any person because of race, color or religion or because of ability or inability to pay. Persons receiving services will be charged fees in keeping with a fee schedule prepared by the state behavioral health authority. Fees collected by the regional behavioral health center shall become part of its budget and utilized at the direction of the behavioral health authority. Fees collected by the regional behavioral board shall become part of its budget and utilized at the direction of the executive board or governing entity.
History:
[39-3137, added 1969, ch. 202, sec. 15, p. 589; am. 2014, ch. 43, sec. 25, p. 116.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3138 - EXISTING STATE-COUNTY CONTRACTS FOR SERVICES.

39-3138. EXISTING STATE-COUNTY CONTRACTS FOR SERVICES. No section of this chapter shall invalidate, or prohibit the continuance of, existing state-county contracts for the delivery of behavioral health services within the participating counties.
History:
[39-3138, added 1969, ch. 202, sec. 16, p. 589; am. 2014, ch. 43, sec. 26, p. 116.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3139 - TITLE OF CHAPTER.

39-3139. TITLE OF CHAPTER. This chapter may be cited as the "Regional Behavioral Health Services Act."
History:
[39-3139, added 1969, ch. 202, sec. 17, p. 589; am. 2014, ch. 43, sec. 27, p. 116.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 31 - REGIONAL BEHAVIORAL HEALTH SERVICES › Section 39-3140 - DEPARTMENT RULES.

39-3140. DEPARTMENT RULES. The director is authorized to promulgate rules necessary to implement the provisions of this chapter that are consistent with its provision.
History:
[39-3140, added 2014, ch. 43, sec. 28, p. 116.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 32 - IDAHO COMMUNITY HEALTH CENTER GRANT PROGRAM › Section 39-3201 - SHORT TITLE.

39-3201. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Community Health Center Grant Program."
History:
[39-3201, added 2007, ch. 199, sec. 1, p. 605.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 32 - IDAHO COMMUNITY HEALTH CENTER GRANT PROGRAM › Section 39-3202 - COMMUNITY HEALTH CENTER GRANT FUND.

39-3202. COMMUNITY HEALTH CENTER GRANT FUND. There is hereby created in the state treasury a fund known as the "Community Health Center Grant Fund." Subject to appropriation by the legislature, moneys in the fund shall be used exclusively for the purpose of grants for community health centers in order to improve access to health care services for Idahoans and to provide for the administration of grants pursuant to this chapter.
History:
[39-3202, added 2007, ch. 199, sec. 1, p. 605.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 32 - IDAHO COMMUNITY HEALTH CENTER GRANT PROGRAM › Section 39-3203 - DEFINITIONS.

39-3203. DEFINITIONS. As used in this chapter:
(1) "Applicant" means an entity submitting documents required by the community health center grant program for the purpose of requesting a grant from the community health center grant fund.
(2) "Application period" means the time period from July 1 to August 30 of the state fiscal year for which funding is requested.
(3) "Approval" means written notification that the application will be awarded funding through the community health center grant fund.
(4) "Board" means the health care access grant review board, as established in section 39-5904, Idaho Code.
(5) "Community health center" or "CHC" means a nonprofit organization or county-based governmental entity that:
(a) Provides comprehensive primary and preventive medical services and provides or makes referrals for dental and mental health services;
(b) Provides outpatient services to persons who are uninsured or have medicaid coverage without regard to a person’s ability to pay, provided that a minimum of twenty-five percent (25%) of such persons served by the organization or entity are uninsured;
(c) Charges for services using a sliding fee schedule based upon income and family size; and
(d) Is governed by a community-based board.
(6) "Community health center grant" means a grant awarded pursuant to this chapter.
(7) "Community health center grant program" means the program that administers the community health center grant fund.
(8) "Department" means the department of health and welfare.
(9) "Director" means the director of the department of health and welfare.
(10) "Grant period" means the time period from July 1 through June 30 (state fiscal year) for which funding is granted.
History:
[39-3203, added 2007, ch. 199, sec. 1, p. 605.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 32 - IDAHO COMMUNITY HEALTH CENTER GRANT PROGRAM › Section 39-3204 - SCOPE OF GRANT SUPPORT.

39-3204. SCOPE OF GRANT SUPPORT. The board may award grants, in accordance with the procedures and criteria in this chapter, to community health centers for the purpose of improving access to health care services.
(1) Individual grant awards will be limited to a total of five hundred thousand dollars ($500,000) for direct and indirect costs, per year.
(2) No project may be funded for more than a total of one (1) year.
(3) In addition to other uses as approved by the board, funds awarded under a grant may be used for the purchase, construction, renovation or improvement of real property or for projects which are solely or predominantly designed for the purchase of equipment, including information technology and electronic health records.
History:
[39-3204, added 2007, ch. 199, sec. 1, p. 606.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 32 - IDAHO COMMUNITY HEALTH CENTER GRANT PROGRAM › Section 39-3205 - APPLICATION REQUIRED.

39-3205. APPLICATION REQUIRED. (1) A completed community health center grant application must be submitted by the applicant for the purpose of requesting a grant on or before the conclusion of the application period specified for the appropriate grant cycle.
(2) Each application shall include:
(a) Identification of geographical area to be served;
(b) Individual or entity requesting funds;
(c) Narrative description of the community health needs and the methods to be used to address such needs and demonstrate the potential of the project to improve patient health outcomes and access to health care services in the community;
(d) Identification of measurable goals, objectives and patient health outcomes to be used to reach the goals, and the resources necessary to complete each activity;
(e) Estimation of how long it will take to accomplish the individual activities of the project;
(f) Demonstrated community support for the project;
(g) Proposed project budget including:
(i) A line item budget with a brief description of each expense category, including any anticipated operating expenses, capital and equipment or contract expenses;
(ii) Documentation of one (1) or more vendor price quotes for all proposed equipment purchases;
(iii) Contact person for verification of fiscal information; and
(h) Federal tax identification number.
(3) All applications must include the required information.
(4) The grant application and any attachments submitted by the applicant shall be the primary source of information for awarding a grant.
History:
[39-3205, added 2007, ch. 199, sec. 1, p. 606.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 32 - IDAHO COMMUNITY HEALTH CENTER GRANT PROGRAM › Section 39-3206 - GRANT AWARD SCHEDULE.

39-3206. GRANT AWARD SCHEDULE. The board shall conduct the grant process in accordance with the following schedule:
(1) The director shall develop an application form in conformance with section 39-3205, Idaho Code, and make guidance available no later than July 1 which shall initiate the application period.
(2) The completed application shall be submitted no later than August 30 of the application period.
(3) The board shall issue notification to every applicant regarding the disposition of their grant request by October 30 of the grant period.
(4) Funds for approved grants shall be disbursed during November of that grant period or over the course of the current grant year as funds become available.
History:
[39-3206, added 2007, ch. 199, sec. 1, p. 607.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 32 - IDAHO COMMUNITY HEALTH CENTER GRANT PROGRAM › Section 39-3207 - AWARD CRITERIA.

39-3207. AWARD CRITERIA. The board shall award grants based on the following weighted criteria:
(1) Background of applicant organization. The applicant must show adequate experience, knowledge, and qualifications to adequately perform the scope of work: weight = 15%;
(2) Community support. The applicant must demonstrate community support for the project: weight = 10%;
(3) Specificity and clarity of scope of project. The proposal will be evaluated based upon demonstrated need and the extent to which the goals and objectives are specific, measurable, and relevant to the purpose of the proposal and the activities planned to accomplish those objectives are germane and can be sustained beyond the grant time frame: weight = 30%;
(4) Monitoring and evaluation. The proposal will be evaluated based on the extent to which the monitoring and evaluation system will document program progress, or improved patient health outcomes if applicable, and measure effectiveness: weight = 15%;
(5) Budget. The proposal will be evaluated based on the extent to which a detailed itemized budget and justification are consistent with stated objectives and planned program activities: weight = 20%;
(6) Geographical community health center equity. The board shall consider the geographical distribution of past grant awards and shall endeavor to meet community health centers’ needs in an equitable manner statewide: weight = 10%.
History:
[39-3207, added 2007, ch. 199, sec. 1, p. 607.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 32 - IDAHO COMMUNITY HEALTH CENTER GRANT PROGRAM › Section 39-3208 - FRAUDULENT INFORMATION ON GRANT APPLICATION.

39-3208. FRAUDULENT INFORMATION ON GRANT APPLICATION. Providing false information on any application or document submitted under this chapter is a misdemeanor and grounds for declaring the applicant ineligible. Any and all funds determined to have been acquired on the basis of fraudulent information must be returned to the community health center grant fund. This section shall not limit other remedies which may be available for the filing of false or fraudulent applications.
History:
[39-3208, added 2007, ch. 199, sec. 1, p. 608.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 32 - IDAHO COMMUNITY HEALTH CENTER GRANT PROGRAM › Section 39-3209 - ADMINISTRATIVE APPEALS.

39-3209. ADMINISTRATIVE APPEALS. Applicants aggrieved by the award or failure to award a grant pursuant to this chapter shall be afforded the remedies provided in chapter 52, title 67, Idaho Code.
History:
[39-3209, added 2007, ch. 199, sec. 1, p. 608.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3301 - LEGISLATIVE INTENT AND DECLARATION.

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, 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 which operate in integrated settings in communities where sufficient supportive services exist to provide the resident, if appropriate, an opportunity to work and be involved in recreation and education opportunities. Employment, recreational and educational opportunities for people with disabilities shall be offered in the most integrated setting consistent with their needs.
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 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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3303 - PAYMENT LEVELS.

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 reimbursement rate to the service provider.
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 shall promulgate rules 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. 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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3304 - TYPES OF FACILITIES.

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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3305 - RULES.

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 shall exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any statute of this state. These rules shall be promulgated in accordance with the provisions of the Idaho administrative procedure act. The department shall, through negotiated rulemaking, promulgate rules in the following areas:
(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 shall be drafted and promulgated following negotiation with interested providers, assisted living nurse 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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3306 - STATE LICENSING TO SUPERSEDE LOCAL REGULATION.

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. 6, p. 1350; am. 2000, ch. 274, sec. 14, p. 814; am. 2005, ch. 280, sec. 8, p. 886.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3307 - ADMISSIONS.

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. Prospective residents will also be informed of options and rights available through other programs, to include medicare benefits where applicable. The department shall provide forms for this.
(2) The department shall develop rules 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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3308 - ASSESSMENT.

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 to the needs of the client being assessed. The department shall develop rules regarding:
(1) Qualifications of persons making the assessments.
(2) Department’s responsibility for state pay clients.
(3) Time frames for completing an assessment.
(4) Information to be included in an assessment.
(5) Use of an assessment in developing the negotiated service agreement.
(6) Use of assessments in determining facility staffing ratios.
(7) 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.
History:
[39-3308, added 1996, ch. 207, sec. 5, p. 636; am. 2005, ch. 280, sec. 10, p. 886.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3309 - NEGOTIATED SERVICE AGREEMENT.

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 and date plan will be reviewed.
(3) The administrator shall consult the resident, the resident’s family, friends, case manager and/or consumer coordinator, 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 no need for access to 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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3313 - ADMISSION AGREEMENTS.

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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3314 - TERMINATION OF ADMISSION AGREEMENTS.

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.]