reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT › Section 39-4513 - IMMUNITY.

39-4513. IMMUNITY. (1) No licensed independent practitioner, emergency medical services personnel, other health care provider, facility, or individual employed by, acting as the agent of, or under contract with any such health care provider or facility shall be civilly or criminally liable or subject to discipline for unprofessional conduct for acts or omissions carried out or performed in good faith pursuant to the directives in a facially valid advance care planning document, DNR order, or other health care directive, or pursuant to a POST identification device as provided for in section 39-4512A, Idaho Code.
(2) Any licensed independent practitioner or other health care provider who for ethical or professional reasons is unwilling to conform to the desires of the patient or the patient’s surrogate decision-maker may, subject to the requirements of section 39-4514(3), Idaho Code, withdraw without incurring any civil or criminal liability provided the licensed independent practitioner or other health care provider, before withdrawal of his or her participation, makes a good faith effort to assist the patient in obtaining the services of another licensed independent practitioner or other health care provider who is willing to provide care for the patient in accordance with the patient’s expressed or documented wishes.
(3) No person who exercises the responsibilities of a health care agent in good faith shall be subject to civil or criminal liability as a result.
(4) Neither the registration of an advance care planning document in the health care directive registry under section 39-4515, Idaho Code, nor the revocation or replacement of such an advance care planning document requires a licensed independent practitioner or other health care provider to request information from that registry. The decision of a licensed independent practitioner or other health care provider to request or not to request an advance care planning document from the registry shall be immune from civil or criminal liability. A licensed independent practitioner or other health care provider who in good faith acts in reliance on a facially valid advance care planning document received from the health care directive registry shall be immune from civil or criminal liability for those acts done in such reliance.
(5) Licensed independent practitioners and other health care providers may disregard the POST form or a POST identification device or a DNR order:
(a) If they believe in good faith that the order has been revoked;
(b) To avoid oral or physical confrontation; or
(c) If ordered to do so by a licensed independent practitioner.
History:
[39-4513, added 2005, ch. 120, sec. 2, p. 389; am. 2006, ch. 67, sec. 5, p. 208; am. 2007, ch. 196, sec. 16, p. 591; am. 2012, ch. 302, sec. 13, p. 836; am. 2012, ch. 305, sec. 2, p. 844; am. 2023, ch. 307, sec. 18, p. 931.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 46 - IDAHO DEVELOPMENTAL DISABILITIES SERVICES AND FACILITIES ACT › Section 39-4601 - SHORT TITLE.

39-4601. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Developmental Disabilities Services and Facilities Act of 1978."
History:
[I.C., sec. 39-4601, as added by 1978, ch. 270, sec. 1, p. 624.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 46 - IDAHO DEVELOPMENTAL DISABILITIES SERVICES AND FACILITIES ACT › Section 39-4602 - PURPOSE.

39-4602. PURPOSE. It is declared to be the policy of the legislature of the state of Idaho to authorize and mandate the department of health and welfare to develop and coordinate services for developmentally disabled persons through adult and child development programs and through contracts with rehabilitation facilities. The complexities of developmental disabilities require the services of many state departments as well as those of the community. It is the intent of this chapter that the department of health and welfare will cooperate with recognized agencies, organizations and departments in implementing this chapter. Services should be planned and provided as a part of a continuum. A pattern of facilities, services and eligibility should be established which is sufficiently complete to meet the needs of each developmentally disabled person regardless of age or degree of disability, with consideration of the family.
History:
[39-4602, added 1978, ch. 270, sec. 1, p. 624; am. 2010, ch. 235, sec. 26, p. 564.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 46 - IDAHO DEVELOPMENTAL DISABILITIES SERVICES AND FACILITIES ACT › Section 39-4603 - DECLARATION OF RIGHTS.

39-4603. DECLARATION OF RIGHTS. Persons with developmental disabilities shall have the same legal rights and responsibilities guaranteed all other persons by the constitution and laws of the United States of America and by the constitution and laws of the state of Idaho.
History:
[39-4603, added 1978, ch. 270, sec. 1, p. 625.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 46 - IDAHO DEVELOPMENTAL DISABILITIES SERVICES AND FACILITIES ACT › Section 39-4604 - DEFINITIONS.

39-4604. DEFINITIONS. As used in this chapter:
(1) "Comprehensive developmental disability system" means a system of services including, but not limited to, the following basic services with the intention of providing alternatives to institutionalization:
(a) Evaluation services;
(b) Diagnostic services;
(c) Treatment services;
(d) Individualized developmental programs;
(e) Extended sheltered employment and work activities;
(f) Recreation services;
(g) Domiciliary care services;
(h) Special living arrangement services;
(i) Counseling services;
(j) Information and referral services;
(k) Follow-along services; and
(l) Transportation services.
(2) "Department" means the Idaho department of health and welfare.
(3) "Developmental disabilities facility" means any service or group of services which provide care to the developmentally disabled on an inpatient, outpatient, residential, clinical or other programmatic basis, including sheltered workshops and adult and child development centers.
(4) "Developmental disability" is:
(a) Attributable to an impairment, such as intellectual disability, cerebral palsy, epilepsy, autism or other condition found to be closely related to or similar to one of these impairments that requires similar treatment or services or is attributable to dyslexia resulting from such impairments;
(b) Has continued or can be expected to continue indefinitely; and
(c) Constitutes a substantial limitation to such person’s ability to function normally in society.
(5) "Habilitation" is the process of developing skills and abilities.
(6) "Normalization" is the process of providing services which promote a life as much as possible like that of the rest of the community, including living in the community and access to community resources.
(7) "Rehabilitation" is the process of improving skills or level of adjustment to increase the person’s ability to maintain satisfactory independent or dependent functioning.
(8) "Substantial limitation" is:
(a) A disability which results in substantial function limitation in three (3) or more of the following areas of major life activity:
(i) Self-care;
(ii) Receptive and expressive language;
(iii) Learning;
(iv) Mobility;
(v) Self-direction;
(vi) Capacity for independent living; or
(vii) Economic self-sufficiency; and
(b) Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment or other services which are:
(i) Lifelong or extended duration, and
(ii) Individually planned and coordinated.
History:
[39-4604, added 1978, ch. 270, sec. 1, p. 625; am. 2010, ch. 235, sec. 27, p. 565.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 46 - IDAHO DEVELOPMENTAL DISABILITIES SERVICES AND FACILITIES ACT › Section 39-4605 - DUTIES OF THE DEPARTMENT.

39-4605. DUTIES OF THE DEPARTMENT. The department shall provide appropriate services of habilitation and rehabilitation to the eligible population of developmentally disabled, and shall consult with the state council on developmental disabilities. The department shall be the primary agency responsible for the services set forth herein, and shall:
(1) Develop and prepare an annual plan for the initiation and maintenance of developmental disabilities services authorized in this chapter. Such services shall include, but not be limited to community comprehensive developmental disability services;
(2) Initiate and provide services which shall include, but not be limited to, community comprehensive developmental disabilities services;
(3) In order to provide services, enter into agreements with any person or persons, corporation or association, approved by the department, for the contracting of all or a portion of the costs of the care, treatment, maintenance, support and training of developmentally disabled persons; and
(4) Provide technical assistance for state and local personnel working in the field of developmental disabilities under this chapter.
Any person, corporation or association may make application to the department for approval and certification of the applicant’s developmental disabilities facility. The department may either grant or deny certification or revoke certification previously granted after investigation of the applicant’s facilities, to ascertain whether or not such facilities are adequate for the health, safety and the care, treatment, maintenance, training and support of developmentally disabled persons, in accordance with standards as set forth in rules and regulations promulgated by the board of health and welfare and consistent with existing national accreditation bodies.
History:
[39-4605, added 1978, ch. 270, sec. 1, p. 626; am. 1980, ch. 325, sec. 8, p. 830.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 46 - IDAHO DEVELOPMENTAL DISABILITIES SERVICES AND FACILITIES ACT › Section 39-4606 - ELIGIBILITY FOR SERVICES.

39-4606. ELIGIBILITY FOR SERVICES. Any person suspected of a developmental disability shall be eligible for initial intake and for diagnostic services through any comprehensive developmental disability center, without reference to any other eligibility criteria.
History:
[39-4606, added 1978, ch. 270, sec. 1, p. 626.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 46 - IDAHO DEVELOPMENTAL DISABILITIES SERVICES AND FACILITIES ACT › Section 39-4607 - EFFECT ON EXISTING FACILITIES.

39-4607. EFFECT ON EXISTING FACILITIES. Nothing in this chapter shall be construed to prevent the continuation of existing developmental disabilities facilities or services in the state.
History:
[39-4607, added 1978, ch. 270, sec. 1, p. 627.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 46 - IDAHO DEVELOPMENTAL DISABILITIES SERVICES AND FACILITIES ACT › Section 39-4608 - DISCRIMINATION PROHIBITED.

39-4608. DISCRIMINATION PROHIBITED. The services provided under this chapter shall be made available without discrimination on the basis of race, color, creed or ability to pay.
History:
[39-4608, added 1978, ch. 270, sec. 1, p. 627.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 47 - YELLOW DOT MOTOR VEHICLE MEDICAL INFORMATION ACT › Section 39-4701 - SHORT TITLE.

39-4701. SHORT TITLE. This act shall be known and may be cited as the "Yellow Dot Motor Vehicle Medical Information Act."
History:
[39-4701, added 2020, ch. 283, sec. 1, p. 824.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 47 - YELLOW DOT MOTOR VEHICLE MEDICAL INFORMATION ACT › Section 39-4702 - LEGISLATIVE INTENT.

39-4702. LEGISLATIVE INTENT. It is the intent of the Legislature to establish a yellow dot program to assist:
(1) Drivers and passengers who participate in the program;
(2) Emergency medical responders in reporting critical medical information in the event of a motor vehicle accident or a medical emergency involving a participant’s vehicle; and
(3) Peace officers, or other law enforcement personnel, in becoming aware of a motorist’s or passenger’s critical medical information that may affect the officer’s encounter with the motorist or passenger during a traffic stop or welfare check.
History:
[39-4702, added 2020, ch. 283, sec. 1, p. 824.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 47 - YELLOW DOT MOTOR VEHICLE MEDICAL INFORMATION ACT › Section 39-4703 - DEFINITIONS.

39-4703. DEFINITIONS. As used in this chapter:
(1) "Accident" means any event that results in an unintended injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load, a snowmobile, or special mobile equipment.
(2) "Department" means the department of health and welfare.
(3) "Driver" means every person who drives or is in actual physical control of a vehicle.
(4) "Emergency medical responder" means:
(a) Emergency medical services licensed personnel as defined in section 56-1012(19), Idaho Code; or
(b) A physician, nurse, or other health care provider on the scene of a motor vehicle accident or emergency situation as provided in section 39-4708, Idaho Code, or who is accompanying or attending a patient removed from such an accident or emergency situation in an ambulance.
(5) "Motor vehicle" or "vehicle" means every vehicle that is self-propelled and, for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 49-107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices, personal delivery devices, electric-assisted bicycles, and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code.
(6) "Other responder" means a firefighter, peace officer, or other law enforcement personnel on the scene.
(7) "Peace officer" means any employee of a police or law enforcement agency that is a part of or administered by the state or any political subdivision thereof and whose duties include and primarily consist of the prevention and detection of crime and the enforcement of penal, traffic, or highway laws of this state or any political subdivision of this state.
(8) "Yellow dot motor vehicle medical information program" or "yellow dot program" means the program established pursuant to this chapter.
History:
[39-4703, added 2020, ch. 283, sec. 1, p. 824.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 47 - YELLOW DOT MOTOR VEHICLE MEDICAL INFORMATION ACT › Section 39-4704 - AUTHORIZATION AND FUNDING.

39-4704. AUTHORIZATION AND FUNDING. (1) The department is authorized to develop and assist in the implementation of the yellow dot program.
(2) The department may accept donations and grants from any source, including eligible federal safety funds, to pay the expenses the department in the development and implementation of the yellow dot program.
History:
[39-4704, added 2020, ch. 283, sec. 1, p. 825.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 47 - YELLOW DOT MOTOR VEHICLE MEDICAL INFORMATION ACT › Section 39-4705 - PUBLICIZING PROGRAM.

39-4705. PUBLICIZING PROGRAM. The department shall take reasonable measures to publicize the yellow dot program to potential participants, law enforcement officers, and emergency medical responders. In publicizing the yellow dot program, the department may cooperate with local law enforcement agencies, fire departments, emergency medical services agencies, the department of veterans affairs, and other governmental agencies. The department may also cooperate with and seek the assistance of interested nonprofit organizations, including but not limited to AARP, American automobile association, disabled American veterans, American veterans (AMVETS), the American legion, veterans of foreign wars of the United States, the military order of the purple heart, and the Idaho commission on aging. The department may also develop training materials on the yellow dot program that may be furnished to law enforcement agencies, fire departments, and emergency medical services agencies and used by such organizations for training purposes.
History:
[39-4705, added 2020, ch. 283, sec. 1, p. 825.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 47 - YELLOW DOT MOTOR VEHICLE MEDICAL INFORMATION ACT › Section 39-4706 - STANDARD MEDICAL INFORMATION FORM.

39-4706. STANDARD MEDICAL INFORMATION FORM. (1) The department is authorized to create a standard medical information form providing space for each participant to supply, at a minimum, the following information:
(a) The participant’s name;
(b) A photograph of the participant;
(c) Two (2) emergency contacts identified by the participant and their contact information;
(d) The participant’s relevant medical information, including medical conditions, recent surgeries, allergies, and medications;
(e) The participant’s hospital preference;
(f) Up to two (2) preferred physicians identified by the participant and their contact information; and
(g) The date on which the participant completed the form.
(2) The medical information form shall include a statement that the yellow dot program functions only as a facilitator and that all information supplied on the medical information form is the sole responsibility of the participant.
(3) The medical information form shall also include statements that the participant supplies the medical information voluntarily and that the participant authorizes the disclosure to, and use of, such medical information by emergency medical responders and other responders for the purposes described in section 39-4708, Idaho Code.
History:
[39-4706, added 2020, ch. 283, sec. 1, p. 825.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 47 - YELLOW DOT MOTOR VEHICLE MEDICAL INFORMATION ACT › Section 39-4707 - DISTRIBUTION OF PROGRAM MATERIALS.

39-4707. DISTRIBUTION OF PROGRAM MATERIALS. (1) The department may provide for, assist in, or authorize the printing of the standard medical information form as provided in section 39-4706, Idaho Code, and assembling of a yellow dot folder containing the medical information form and a yellow dot decal with an adhesive backing.
(2) Upon request, the department may provide yellow dot folders to the agencies and nonprofit organizations identified in section 39-4705, Idaho Code, subject to the limitations of resources for funding the program. The department may allow such agencies and organizations to copy the standard medical information form and assemble yellow dot folders for distribution to participants, or the department may authorize these agencies and organizations to prepare yellow dot folders for distribution.
(3) The department may also provide for dissemination of the medical information form and other yellow dot materials online.
(4) The department shall not charge any fee to participate in the yellow dot program.
History:
[39-4707, added 2020, ch. 283, sec. 1, p. 826.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 47 - YELLOW DOT MOTOR VEHICLE MEDICAL INFORMATION ACT › Section 39-4708 - MOTOR VEHICLE ACCIDENTS OR EMERGENCY SITUATIONS.

39-4708. MOTOR VEHICLE ACCIDENTS OR EMERGENCY SITUATIONS. (1) If a driver or passenger of a motor vehicle becomes involved in a motor vehicle accident or emergency situation and a yellow dot decal is affixed to the vehicle, an emergency medical responder or other responder at the scene is authorized to search the vehicle for a yellow dot folder or folders.
(2) An emergency medical responder or other responder may use the information contained in the yellow dot folder for the following purposes:
(a) To identify a participant in the yellow dot program;
(b) To ascertain whether the participant has a medical condition that may impede communication with the responder;
(c) To communicate with the participant’s emergency contacts about the location and general condition of the participant; and
(d) To consider the person’s current medications and preexisting medical conditions when emergency medical treatment is administered for any injury the participant suffers.
(3) If, during a traffic stop involving a motor vehicle with a yellow dot decal affixed to the vehicle, a law enforcement officer reasonably believes the driver or passenger has a medical condition that is affecting the officer’s encounter with the driver or a passenger, such law enforcement officer, upon receiving consent from the driver or passenger, is authorized to review any yellow dot folder or folders present in the vehicle.
History:
[39-4708, added 2020, ch. 283, sec. 1, p. 826.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 47 - YELLOW DOT MOTOR VEHICLE MEDICAL INFORMATION ACT › Section 39-4709 - LIABILITY.

39-4709. LIABILITY. Except for wanton or willful conduct, no emergency medical responder or other responder, nor any employer of an emergency medical responder or other responder, shall incur any liability if the emergency medical responder or other responder is unable to make contact, in good faith, with an emergency contact person or disseminates or fails to disseminate any information from the yellow dot folder to other emergency medical responders, hospitals, or any health care providers who render emergency medical treatment to the participant. No health care provider or employer of a health care provider shall incur any civil or criminal liability if the provider relies in good faith on the information provided through the yellow dot program.
History:
[39-4709, added 2020, ch. 283, sec. 1, p. 826.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 47 - YELLOW DOT MOTOR VEHICLE MEDICAL INFORMATION ACT › Section 39-4710 - PRESENCE OF A YELLOW DOT ON A MOTOR VEHICLE SHALL NOT PROVIDE PROBABLE CAUSE.

39-4710. PRESENCE OF A YELLOW DOT ON A MOTOR VEHICLE SHALL NOT PROVIDE PROBABLE CAUSE. Nothing in this chapter shall provide a peace officer with probable cause or other legal authority to stop a motor vehicle. Except for the limited authority provided in section 39-4708, Idaho Code, nothing in this chapter shall provide a peace officer with probable cause or other legal authority to search a motor vehicle or its occupants.
History:
[39-4710, added 2020, ch. 283, sec. 1, p. 826.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 48 - IMMUNIZATION › Section 39-4801 - IMMUNIZATION REQUIRED.

39-4801. IMMUNIZATION REQUIRED. (1) Except as provided in section 39-4802, Idaho Code, any child in Idaho of school age may attend preschool and kindergarten through grade twelve (12) of any public, private, or parochial school operating in this state if otherwise eligible, provided that, upon admission, the parent or guardian shall provide an immunization record to the school authorities regarding the child’s immunity to certain childhood diseases. This record, signed by a physician, the physician’s representative, or another licensed health care professional, shall verify that such child has received or is in the process of receiving immunizations as specified by the state board of health and welfare or can effectively demonstrate, through verification in a form approved by the department of health and welfare, immunity gained through prior contraction of the disease.
(2) Immunizations required and the manner and frequency of their administration shall be as prescribed by the state board of health and welfare and shall conform to recognized standard medical practices in the state. The state board of health and welfare, in cooperation with the state board of education and the Idaho school boards association, shall promulgate appropriate rules for the enforcement of the required immunization program and specify reporting requirements of schools, pursuant to the provisions of chapter 52, title 67, Idaho Code.
History:
[(39-4801) 1978, ch. 240, sec. 1, p. 624; am. and redesignated 1979, ch. 313, sec. 1, p. 845; am. 1991, ch. 251, sec. 1, p. 619; am. 1992, ch. 102, sec. 1, p. 321; am. 2011, ch. 212, sec. 1, p. 599; am. 2021, ch. 263, sec. 1, p. 810.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 48 - IMMUNIZATION › Section 39-4802 - EXEMPTIONS.

39-4802. EXEMPTIONS. (1) Any minor child whose parent or guardian has submitted to school officials a certificate signed by a physician licensed by the state board of medicine stating that the physical condition of the child is such that all or any of the required immunizations would endanger the life or health of the child shall be exempt from the provisions of this chapter.
(2) Any minor child whose parent or guardian has submitted a signed statement to school officials stating their objections on religious or other grounds shall be exempt from the provisions of this chapter.
(3) School officials shall describe the exemptions provided in this section and provide a citation to this section in any communication to parents and guardians regarding immunization.
History:
[(39-4802) 1978, ch. 240, sec. 1, p. 624; am. and redesignated 1979, ch. 313, sec. 2, p. 846; am. 2021, ch. 263, sec. 2, p. 811.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 48 - IMMUNIZATION › Section 39-4804 - NOTIFICATION TO PARENT OR GUARDIAN.

39-4804. NOTIFICATION TO PARENT OR GUARDIAN. (1) Before an immunization is administered to any child in this state, the parent or guardian of the child shall be notified that:
(a) Immunizations are not mandatory and may be refused on religious or other grounds;
(b) Participation in the immunization registry is voluntary;
(c) The parent or guardian is entitled to an accurate explanation of the complications known to follow such immunization.
(2) At the time information is initially collected regarding any child for entry into the registry created pursuant to this chapter, the parent or guardian shall be notified that:
(a) They have the right under Idaho law to submit a statement pursuant to the provisions of sections 39-1118 and 39-4802, Idaho Code, which exempts them from any requirement to have information regarding the child entered into the registry;
(b) At any time they have the right to remove any information from the registry regarding the child; and
(c) Immunizations are not mandatory and may be refused on religious or other grounds.
(3) The decision of a parent or guardian to:
(a) Submit a statement pursuant to the provisions of either section 39-1118(2) or 39-4802(2), Idaho Code;
(b) Remove any information regarding the child from the registry pursuant to the provisions of section 39-4803(4), Idaho Code; or
(c) Refuse the immunization on religious or other grounds;
shall not be used in any manner against the interests of the parent or guardian in any administrative, civil or criminal action.
History:
[39-4804, added 1999, ch. 347, sec. 3, p. 930; am. 2010, ch. 336, sec. 2, p. 890.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 49 - IDAHO HEALTH PLANNING ACT › Section 39-4901 - PURPOSE AND POLICY.

39-4901. PURPOSE AND POLICY. It is the intent of the legislature to provide to all of Idaho residents a quality health care system for a reasonable cost and to prevent the deterioration of such system by the duplication of services or the introduction of new categories of services that are not necessary to their health. It is further the intent of the legislature to promote cooperation among health care providers in health planning activities and to provide access to necessary care for all who require it. It is hereby declared that it is in the public interest of the state, to provide for the relief from penalties of state and federal law, cooperative planning in health care that is likely to benefit the residents of the state.
History:
[39-4901, added 1994, ch. 283, sec. 2, p. 884.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 49 - IDAHO HEALTH PLANNING ACT › Section 39-4902 - DEFINITIONS.

39-4902. DEFINITIONS. As used in this chapter:
(1) "Cooperative agreement" means a written agreement between two (2) or more health care providers for the sharing, allocation or referral of patients, or the sharing or allocation of personnel, instructional programs, support services and facilities, medical, diagnostic, therapeutic or procedures or other services customarily offered by health care providers.
(2) "Certificate of public advantage" means a document issued by the attorney general to parties to a cooperative agreement, verifying that the attorney general declares that the purposes and objectives of the cooperative agreement meet the standards for such agreements set forth by statute.
(3) "Health care provider" means any person or health care facility licensed, registered, certified, permitted or otherwise officially recognized by the state to provide health care services in this state; or, in the case of a freestanding outpatient facility, one for which a facility fee is charged for health care services performed within.
History:
[39-4902, added 1994, ch. 283, sec. 2, p. 884.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 49 - IDAHO HEALTH PLANNING ACT › Section 39-4904 - JUDICIAL REVIEW.

39-4904. JUDICIAL REVIEW. Any applicant or intervenor aggrieved by a decision of the attorney general in granting or denying an application for a certificate of public advantage, refusing to act on such application or termination of a certificate of public advantage, is entitled to judicial review of the decision in accordance with chapter 52, title 67, Idaho Code.
History:
[39-4904, added 1994, ch. 283, sec. 2, p. 886.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 50 - EQUAL OPPORTUNITY FOR DISPLACED HOMEMAKER ACT › Section 39-5001 - POLICY.

39-5001. POLICY. The policy of the state of Idaho is hereby declared to be a recognition of the increasing number of persons in the state who, having fulfilled the valuable role of homemaker, find themselves displaced because of death or disability of spouse, or divorce or other loss of family income. As a consequence, displaced homemakers have an insufficient income; high rate of unemployment due to age, lack of paid work experience and discrimination; and limited opportunities to collect funds of assistance from social security, unemployment compensation, medicaid or other health insurance benefits, or pension plans of the spouse. This chapter seeks to coordinate efforts by state and local public agencies in cooperation with private agencies and organizations to assist displaced homemakers to continue as productive citizens, even though their role has necessarily changed.
History:
[(39-5001) 39-4901, added 1980, ch. 333, sec. 1, p. 859; am. and redesig. 2005, ch. 25, sec. 61, p. 105.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 50 - EQUAL OPPORTUNITY FOR DISPLACED HOMEMAKER ACT › Section 39-5002 - DEFINITIONS.

39-5002. DEFINITIONS. For purposes of this chapter:
(1) "Displaced homemaker" means a person who:
(a) Has worked in the home providing household services for family members, but who has lost the primary source of economic support and who must gain employment skills in order to earn a living; or
(b) Is a single parent with primary financial and custodial responsibility for supporting dependent children and who must gain employment skills in order to earn a living.
(2) "Administrator" means the administrator of the division of career technical education.
History:
[(39-5002) 39-4902, added 1994, ch. 283, sec. 2, p. 884; am. and redesig. 1999, ch. 329, sec. 23, p. 863; am. 2000, ch. 292, sec. 1, p. 1008; am. 2016, ch. 25, sec. 37, p. 56.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 50 - EQUAL OPPORTUNITY FOR DISPLACED HOMEMAKER ACT › Section 39-5003 - SERVICE CENTERS.

39-5003. SERVICE CENTERS. The administrator is authorized to establish multipurpose service centers for displaced homemakers. Each center shall have an advisory board appointed by the administrator in consultation with the director of the center. Such board shall consist of individuals representing displaced homemakers, organizations and agencies providing services beneficial to displaced homemakers, and the general public.
Each center shall include the following services:
(a) Job counseling services designed for a displaced homemaker;
(b) Job training and placement services developed in cooperation with public and private employers to train displaced homemakers for available jobs in the public and private sectors, taking into account the skills and job experiences of a homemaker and to assist displaced homemakers in gaining admission to existing public and private job training programs;
(c) Health education and counseling services with respect to general principles of preventative health care, mental health, alcohol and drug addiction and other related health care matters;
(d) Financial management services which provide information and assistance with respect to insurance, taxes, estate and probate problems, mortgages, loans and other related financial matters; and
(e) Educational services including information about courses offering credit through secondary and postsecondary education programs and information about other services determined to be of interest and benefit to displaced homemakers.
History:
[(39-4903) 1980, ch. 333, sec. 1, p. 860; am. 1982, ch. 20, sec. 1, p. 24.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 50 - EQUAL OPPORTUNITY FOR DISPLACED HOMEMAKER ACT › Section 39-5004 - SITE SELECTION.

39-5004. SITE SELECTION. (a) In selecting sites for the centers established under this chapter, the administrator shall consider:
(1) The needs of each region of the state for a center;
(2) The needs of both urban and rural communities; and
(3) The availability of existing facilities adaptable for use as a center.
(b) The administrator may select a public or nonprofit private organization to administer the centers.
(c) The administrator is authorized to enter into contracts with and make grants to the organizations selected for the purpose of establishing and administering centers under this chapter.
(d) The administrator shall cooperate with other state, local and federal agencies to coordinate, through the service centers, all programs applicable to displaced homemakers and to avoid duplication of services.
(e) To the greatest extent possible, the staff of the service centers established under this chapter, including supervisory, technical and administrative positions, shall be filled by displaced homemakers. Where necessary, potential staff members shall be provided with on-the-job training.
History:
[(39-5004) 39-4904, added 1980, ch. 333, sec. 1, p. 860; am. and redesig. 2005, ch. 25, sec. 62, p. 105.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 50 - EQUAL OPPORTUNITY FOR DISPLACED HOMEMAKER ACT › Section 39-5005 - ELIGIBILITY AND FEES.

39-5005. ELIGIBILITY AND FEES. The administrator with the advice of the staff at the centers, shall promulgate rules concerning the eligibility of persons to receive assistance through the multipurpose service centers. A sliding fee may be charged for services at the discretion of the director of the center.
History:
[(39-5005) 39-4905, added 1980, ch. 333, sec. 1, p. 861; am. and redesig. 2005, ch. 25, sec. 63, p. 105.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 50 - EQUAL OPPORTUNITY FOR DISPLACED HOMEMAKER ACT › Section 39-5006 - GRANTS AND GIFTS.

39-5006. GRANTS AND GIFTS. The director of the center may, with approval of the administrator, apply for and accept any funds, grants, gifts or services made available by any agency or department of the federal government or any private agency or individual, which funds shall be used to carry out the total program of the centers.
History:
[(39-5006) 39-4906, added 1980, ch. 333, sec. 1, p. 861; am. and redesig. 2005, ch. 25, sec. 64, p. 106.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 50 - EQUAL OPPORTUNITY FOR DISPLACED HOMEMAKER ACT › Section 39-5007 - REPORTS OF EACH CENTER.

39-5007. REPORTS OF EACH CENTER. The director of each center shall report to the administrator or his/her designee, and shall evaluate the effectiveness of the job training, placement and service to displaced homemakers, including the number of persons trained, the number of persons placed in employment, follow-up data on such persons, the number of persons served by the various service programs, and cost effectiveness of the various components of the center. The administrator shall report annually to the education committees of the house of representatives and the senate of the legislature on the status of the displaced homemaker program. The report shall be filed not later than the fifteenth legislative day and in addition to compilations of the information received from each center, may include recommendations of the administrator relating to the program.
History:
[(39-5007) 39-4907, added 1980, ch. 333, sec. 1, p. 861; am. and redesig. 2005, ch. 25, sec. 65, p. 106.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 50 - EQUAL OPPORTUNITY FOR DISPLACED HOMEMAKER ACT › Section 39-5008 - DISCRIMINATION PROHIBITED.

39-5008. DISCRIMINATION PROHIBITED. No person shall, on the ground of sex, age, race, color, religion, national origin or disability, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity made available under this chapter.
History:
[(39-5008) 39-4908, added 1980, ch. 333, sec. 1, p. 861; am. and redesig. 2005, ch. 25, sec. 66, p. 106; am. 2010, ch. 235, sec. 29, p. 567.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 50 - EQUAL OPPORTUNITY FOR DISPLACED HOMEMAKER ACT › Section 39-5009 - DISPLACED HOMEMAKER ACCOUNT — FEES ON FILING OF DIVORCE ACTION.

39-5009. DISPLACED HOMEMAKER ACCOUNT — FEES ON FILING OF DIVORCE ACTION. (1) There is hereby created in the state operating fund the displaced homemaker account. All fees collected pursuant to subsection (2) of this section shall be deposited in the account. All moneys in the account shall be available for appropriation to the state board for career technical education for the purposes of this chapter.
(2) In addition to any other fees imposed for filing an action for divorce in the district court, there shall be collected a fee of twenty dollars ($20.00) for each divorce action. The clerk of the district court shall remit such fees, separately identified, to the state treasurer for deposit in the displaced homemaker account. Fees shall be remitted to the state treasurer at the same time as other court fees are remitted.
History:
[39-5009, added 1982, ch. 187, sec. 1, p. 505; am. 1999, ch. 329, sec. 24, p. 864; am. 2016, ch. 25, sec. 38, p. 56.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 51 - FAMILY SUPPORT AND IN-HOME ASSISTANCE › Section 39-5100 - LEGISLATIVE FINDINGS.

39-5100. LEGISLATIVE FINDINGS. The legislature of the state of Idaho finds that:
(1) Families are the major providers of support, care, information, training, and other services to their family members with developmental disabilities.
(2) Families with individuals who have developmental disabilities may experience extraordinary financial outlays, physical and emotional challenges, and daily stress.
(3) Failure to provide the necessary services and supports to families with a member with developmental disabilities can result in admission of the individual to institutional care.
(4) Flexible and coordinated support and assistance to families avoids duplication of services, uses existing resources more efficiently, and prevents gaps in services to families.
(5) A family’s ability to make informed decisions regarding in-home or out-of-home living arrangements for a member who has a developmental disability is critical to the quality and cost-effective care of their family member.
(6) Family support and in-home assistance promotes and enhances the family’s capacity to provide care.
(7) Family support and in-home assistance stimulates the formation of community supports to use public dollars more efficiently.
Therefore, it is in the interest of the state of Idaho to provide in-home assistance for families for supports that enable family members with developmental disabilities to reside at home.
History:
[39-5100, added 1997, ch. 33, sec. 2, p. 57.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 51 - FAMILY SUPPORT AND IN-HOME ASSISTANCE › Section 39-5101 - PURPOSE.

39-5101. PURPOSE. This act authorizes a program of financial assistance to eligible families who agree to carry out home-based support for their family members with developmental disabilities.
History:
[39-5101, added 1981, ch. 234, sec. 1, p. 473; am. 1997, ch. 33, sec. 3, p. 57.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 51 - FAMILY SUPPORT AND IN-HOME ASSISTANCE › Section 39-5102 - DEFINITIONS.

39-5102. DEFINITIONS. As used in this chapter:
(1) "Department" means the Idaho department of health and welfare.
(2) "Developmental disability" means a chronic disability of an individual which appears before the age of twenty-two (22) years of age and:
(a) Is attributable to an impairment, such as intellectual disability, cerebral palsy, epilepsy, autism or a condition found to be closely related to or similar to one (1) of these impairments that requires similar treatment or services, or is attributable to dyslexia resulting from such impairments; and
(b) Results in substantial functional limitations in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and
(c) Reflects the need for a combination and sequence of special, interdisciplinary treatment or other services which are of lifelong or extended duration and individually planned and coordinated.
(3) "Director" means the director of the Idaho department of health and welfare.
(4) "Family" means a group of interdependent persons residing in the same household and includes an individual with a developmental disability and one (1) or more of the following:
(a) A birth or adoptive mother or father, stepparent, brother, sister or any combination; or
(b) Extended blood relatives, such as a grandparent, aunt, uncle, nephew or niece; or
(c) Legal guardian.
The term "family" does not include paid providers of care.
(5) "In-home assistance application" means a written document describing the needs of an individual with developmental disabilities and specifying the services or supports required.
(6) "Institution" means any public or private residential facility which is licensed in the state of Idaho for the purpose of providing care and treatment for individuals with developmental disabilities.
History:
[39-5102, added 1981, ch. 234, sec. 1, p. 473; am. 1997, ch. 33, sec. 4, p. 58; am. 2010, ch. 235, sec. 30, p. 567.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 51 - FAMILY SUPPORT AND IN-HOME ASSISTANCE › Section 39-5103 - STANDARDS FOR THE PROVISION OF FINANCIAL ASSISTANCE.

39-5103. STANDARDS FOR THE PROVISION OF FINANCIAL ASSISTANCE. The director of the Idaho department of health and welfare shall have the power and it shall be his duty to promulgate appropriate rules necessary to implement and enforce the following standards for the provision of in-home assistance:
(1) Financial assistance provided under this chapter shall not exceed two hundred fifty dollars ($250) per month per individual, except that this limit may be waived by the department in cases of extraordinary need.
(2) The amount of a grant of assistance shall be made based upon the need for services as specified in section 39-5103(4), Idaho Code, without regard to the family’s income or eligibility for any other program administered by the department.
(3) Receipt of supports will be determined on an individual family basis. Support priorities will be determined with consideration for the following criteria:
(a) Families of individuals with a developmental disability who will be able to return to a home setting from an institution and to those families for whom supports will prevent placement of the member with a developmental disability in an institution;
(b) Severity of consequences without supports;
(c) Urgency of need;
(d) Availability of funds.
(4) Assistance moneys may be used for the following when no other assistance is available:
(a) Diagnostic and evaluative procedures;
(b) Purchase of special equipment;
(c) Specialized therapies;
(d) Special diets;
(e) Medical and dental care not covered under the family’s health insurance or other publicly funded programs;
(f) Home health or personal assistance services;
(g) Counseling for the individual or family, including behavior management;
(h) Respite care or out of the ordinary expenses related to supervised care according to the approved in-home assistance application, including necessary related sibling care;
(i) Environmental adaptations and technical assistance as necessary to permit successful integration and access;
(j) Special clothing including incontinence supplies;
(k) Necessary supports for participation in recreational services;
(l) Transportation;
(m) Housing modifications for the purpose of accessibility or ease in handling; and
(n) Similar or related costs.
(5) Families shall choose providers of services.
(6) Assistance moneys shall not be used for the payment of educational or educationally related services which properly are the responsibility of local public schools.
(7) Supports under this chapter shall not replace or reduce other public benefits to families, or be considered as resources or income in any eligibility determination or sliding fee scale.
History:
[39-5103, added 1981, ch. 234, sec. 1, p. 473; am. 1997, ch. 33, sec. 5, p. 58.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 51 - FAMILY SUPPORT AND IN-HOME ASSISTANCE › Section 39-5104 - ELIGIBILITY.

39-5104. ELIGIBILITY. A family is eligible to participate in the family support and in-home assistance program if the family:
(1) Resides within the state of Idaho;
(2) Includes a family member with a developmental disability;
(3) Expresses willingness for the family member with a developmental disability to reside at home;
(4) Submits an in-home assistance application for the family member with a developmental disability;
(5) Obtains the agreed-upon services or equipment; and
(6) Accounts for the funds expended for the agreed-upon services and equipment.
History:
[39-5104, added 1981, ch. 234, sec. 1, p. 474; am. 1997, ch. 33, sec. 6, p. 60.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 51 - FAMILY SUPPORT AND IN-HOME ASSISTANCE › Section 39-5105 - DISCONTINUANCE OF ASSISTANCE.

39-5105. DISCONTINUANCE OF ASSISTANCE. Assistance may be terminated under the following conditions:
(1) The family or individual requests termination;
(2) Death of the individual with a developmental disability;
(3) Eligibility criteria are no longer met; or
(4) Inadequate funds are available for continuance.
History:
[39-5105, added 1981, ch. 234, sec. 1, p. 474; am. 1997, ch. 33, sec. 7, p. 60.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 51 - FAMILY SUPPORT AND IN-HOME ASSISTANCE › Section 39-5106 - SHORT TITLE.

39-5106. SHORT TITLE. This chapter shall be known and cited as the "Developmental Disabilities Family Support and In-Home Assistance Act."
History:
[39-5106, added 1981, ch. 234, sec. 1, p. 475; am. 1997, ch. 33, sec. 8, p. 61.]