reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.890 - CRIMINAL AND CIVIL PROCEEDINGS

Current through August 31, 2023
The regulatory authority may choose to enforce the provisions
				of these rules and its administrative orders through the courts.
				(4-6-23)
01.
Criminal
			 Proceedings
. Misdemeanor proceedings to enforce these rules, federal
			 regulations, and the enabling statutes may be instituted as provided in
			 Sections 37-117,
			 37-119,
			 37-2103, and
			 56-1008, Idaho Code. These
			 statutes provide for fines or terms of imprisonment that may be sought through
			 the court of competent jurisdiction. (4-6-23)
02.
Civil Proceedings
. Civil
			 enforcement actions may be commenced and prosecuted in the district court in
			 the county where the alleged violation occurred under Sections
			 56-1009 and
			 56-1010, Idaho Code. The person
			 who is alleged to have violated any statute, rule, federal regulation, license,
			 or order may be charged in the court proceeding. This action may be brought to
			 compel compliance with these rules, regulations, license, or order for relief
			 or remedies authorized in these rules. (4-6-23)
03.
Injunctive Relief
. In
			 addition to other remedies provided by law, Section
			 56-1009, Idaho Code, allows for a
			 search warrant to gain access and injunctions to be issued in the name of the
			 state against any person or entity to enjoin them from violating these rules,
			 regulations, statutes, or administrative orders. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.23 - INDOOR SMOKING › Section 16.02.23.000 - LEGAL AUTHORITY

Current through August 31, 2023
Section
				39-5508, Idaho Code, authorizes
				the Director of the Department of Health and Welfare to adopt rules to
				implement the Idaho Clean Indoor Air Act, Title 39, Chapter 55, Idaho Code.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.23 - INDOOR SMOKING › Section 16.02.23.001 - SCOPE

Current through August 31, 2023
These rules protect the public health, comfort, environment,
				the health of employees who work at public places, and the rights of nonsmokers
				to breathe clean air by prohibiting smoking in public places and at public
				meetings. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.23 - INDOOR SMOKING › Section 16.02.23.010 - DEFINITIONS

Current through August 31, 2023
For the purpose of this chapter, the following terms apply.
				(3-17-22)
01.
Bar Within a
			 Restaurant
. A bar is considered to be "within a restaurant," and cannot
			 allow smoking if it does not meet all of the following requirements and must:
			 (3-17-22)
a. Be physically isolated from all
			 parts of the restaurant by solid floor to ceiling walls; (3-17-22)
b. Have a separate outside public entrance
			 that is not shared with the restaurant; (3-17-22)
c. Not have any windows that can be opened,
			 or doorways connecting it to the restaurant, either directly or through any
			 indoor public place including lobbies, hallways, or passageways that the public
			 uses. The bar may be connected to the restaurant through kitchens, private
			 offices, hallways, or storerooms that are not available for public use; and
			 (3-17-22)
d. Not be necessary for
			 restaurant patrons to pass through the bar or any indoor public place connected
			 to the bar to access restrooms or other facilities or accommodations of the
			 restaurant. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.23 - INDOOR SMOKING › Section 16.02.23.200 - POSTING OF SIGNS

Current through August 31, 2023
Signs must be appropriately sized, conspicuous, legible with
				letters at least one (1) inch in height, unobscured, and placed at a height and
				location easily seen and read by persons entering or within the posted area.
				Signs may contain information such as the international smoking and no smoking
				symbols and references to the Idaho Clean Indoor Air Act, Title 39, Chapter 55,
				Idaho Code. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.24 - CLANDESTINE DRUG LABORATORY CLEANUP › Section 16.02.24.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Department is authorized to adopt rules under the
				"Clandestine Drug Laboratory Cleanup Act," Section
				6-2604, Idaho Code.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.24 - CLANDESTINE DRUG LABORATORY CLEANUP › Section 16.02.24.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of these rules is IDAPA 16.02.24, "Clandestine Drug
			 Laboratory Cleanup." (3-17-22)
02.
Scope
. (3-17-22)
a. These rules
			 establish the acceptable processes and technology-based standards for the
			 cleanup of clandestine drug laboratories in Idaho. (3-17-22)
b. The rules also establish a program to add
			 and remove residential properties that housed a clandestine drug laboratory
			 from a list maintained by the Department. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.24 - CLANDESTINE DRUG LABORATORY CLEANUP › Section 16.02.24.002 - RIGHT TO APPEAL PROPERTY LISTING

Current through August 31, 2023
Appeal of Property Listing. The certification by the reporting
				law enforcement agency that it is more likely than not that the property has
				been contaminated through use as a clandestine drug laboratory is prima facie
				evidence for listing the property on the Clandestine Drug Laboratory Site
				Property List. (3-17-22)
01.
Property Owner's Right to Appeal
. The property owner listed on the
			 Clandestine Drug Laboratory Site Property List may appeal the listing by filing
			 a written request for hearing with the Administrative Procedures Section, 10th
			 Floor, 450 West State Street, P.O. Box 83720, Boise, ID 83720-0036, within
			 twenty-eight (28) days of the mailing of the notification by the law
			 enforcement agency. (3-17-22)
02.
Burden of Proof
. The burden is on the property owner to show, by a
			 preponderance of evidence, that the property has not been contaminated through
			 use as a clandestine drug laboratory. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.24 - CLANDESTINE DRUG LABORATORY CLEANUP › Section 16.02.24.100 - POSTING THE CLANDESTINE DRUG LABORATORY SITE

Current through August 31, 2023
In accordance with Section
				6-2605, Idaho Code, the law
				enforcement agency having jurisdiction is responsible for posting a property
				with a sign stating that it has been identified as a clandestine drug
				laboratory. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.24 - CLANDESTINE DRUG LABORATORY CLEANUP › Section 16.02.24.110 - NOTIFICATION PROCESS

Current through August 31, 2023
Once a property has been identified as a clandestine drug
				laboratory, the law enforcement agency having jurisdiction is responsible for
				initiating notification to the property owner and the Department within
				seventy-two (72) hours using the Department-approved form available to law
				enforcement. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.24 - CLANDESTINE DRUG LABORATORY CLEANUP › Section 16.02.24.120 - RECORD-KEEPING, LISTING, AND DELISTING A PROPERTY

Current through August 31, 2023
01.
Listing a Property
. Upon notification by a law enforcement agency,
			 using the Department approved form, the Department will place the property on a
			 Clandestine Drug Laboratory Site Property List. No property may be listed
			 unless the reporting law enforcement agency certifies, on the approved form,
			 that it is more likely than not that the property has been contaminated through
			 use as a clandestine drug laboratory. The list will be publicly available
			 online at:
			 https://publicdocuments.dhw.idaho.gov/WebLink/DocView.aspx?id=1432&dbid=0&repo=PUBLIC-DOCUMENTS&cr=1.
			 (3-17-22)
02.
Delisting a
			 Property
. When a property is determined by a qualified industrial
			 hygienist to meet the cleanup standard set forth by the Department in these
			 rules, or the property owner submits documentation establishing that the
			 property has been fully and lawfully demolished, the Department will issue the
			 property owner a certificate of delisting. The certificate will include the
			 date the property was listed as a clandestine drug laboratory site and the date
			 the property was delisted. (3-17-22)
03.
Voluntary Compliance
. When a
			 property owner voluntarily reports their property as a clandestine drug
			 laboratory, the property will be placed on the Clandestine Drug Laboratory Site
			 Property List and will be delisted when the requirements of these rules are
			 met. This action will afford the property owner immunity from civil actions as
			 provided in Section
			 6-2608, Idaho Code.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.24 - CLANDESTINE DRUG LABORATORY CLEANUP › Section 16.02.24.200 - RESPONSIBILITIES OF THE PROPERTY OWNER

Current through August 31, 2023
The owner of a listed property must: (3-17-22)
01.
Ensure the Vacancy of the Listed
			 Property
. Ensure the property remains vacant until the property is
			 delisted in accordance with Section
			 120 of these rules; and
			 (3-17-22)
02.
Ensure That
			 Cleanup Standards Are Met
. (3-17-22)
a.
			 Ensure that the property is cleaned up to meet the cleanup standards in Section
			 500 of these rules and have the
			 analytical results certified by a qualified industrial hygienist; or
			 (3-17-22)
b. Ensure that the
			 property is demolished, in lieu of clean up, as provided for in Section
			 6-2606, Idaho Code. Demolition and
			 removal of materials must be conducted in compliance with applicable local,
			 state, and federal laws and regulations; and (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.24 - CLANDESTINE DRUG LABORATORY CLEANUP › Section 16.02.24.201 - RESPONSIBILITIES OF THE QUALIFIED INDUSTRIAL HYGIENIST

Current through August 31, 2023
01.
Conduct Sampling by Qualified Industrial Hygienist
. A qualified
			 industrial hygienist must conduct sampling in accordance with Section
			 400 of these rules and meet the
			 reporting requirements under Section
			 600 of these rules.
			 (3-17-22)
02.
Independent
			 Qualified Industrial Hygienist
. To prevent any real or potential
			 conflicts of interest, qualified industrial hygienists conducting the sampling
			 must be independent of the company or entity conducting the cleanup or analysis
			 or both. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.24 - CLANDESTINE DRUG LABORATORY CLEANUP › Section 16.02.24.202 - DEPARTMENT LIST OF QUALIFIED INDUSTRIAL HYGIENISTS

Current through August 31, 2023
The Department will maintain a list of qualified industrial
				hygienists on their website is
https://healthandwelfare.idaho.gov/health-wellness/environmental-health/clandestine-labs
.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.24 - CLANDESTINE DRUG LABORATORY CLEANUP › Section 16.02.24.300 - CLEANUP PROCESS

Current through August 31, 2023
01.
Cleanup
			 Options for the Property Owner
. The property owner may choose to hire a
			 cleanup contractor or conduct the cleanup himself in accordance with all
			 applicable local, state, and federal laws and regulations. Cleanup must be
			 conducted to reduce the concentration of methamphetamine to the standard
			 specified in Section 500 of these
			 rules. (3-17-22)
02.
Removal
			 of Porous Materials from Property
. Porous materials must be removed from
			 the property unless a qualified industrial hygienist certifies that the porous
			 materials may remain on the property. An adequate coating or sealant can be
			 applied to a porous surface as an acceptable cleanup method, if it meets the
			 requirements under Subsection
			 500.02 of these rules.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.24 - CLANDESTINE DRUG LABORATORY CLEANUP › Section 16.02.24.500 - CLEANUP STANDARDS

Current through August 31, 2023
01.
Cleanup
			 Standard for Methamphetamine
. A level of methamphetamine that does not
			 exceed a concentration of point one (0.1) micrograms per one hundred (100)
			 square centimeters (0.1 pg/100 cm2) as demonstrated
			 by clearance sampling conducted by a qualified industrial hygienist.
			 (3-17-22)
02.
Cleanup
			 Standard for a Porous Surface
. If a porous surface has a level of
			 methamphetamine that does not exceed a concentration of point five (0.5)
			 micrograms per one hundred (100) square centimeters (0.5 pg/100
			 cm2) as demonstrated by clearance sampling conducted
			 by a qualified industrial hygienist, an adequate coating or sealant appropriate
			 to the material can be used as a method to meet the cleanup standard under
			 Subsection 500.01 of this rule.
			 (3-17-22)
03.
Other Cleanup
			 Standards
. Standards may be established for the cleanup of other
			 controlled substances found in clandestine drug laboratories on a case by case
			 basis, based on an inventory of chemicals found, and after consultation with
			 the Department, the property owner, law enforcement, and a qualified industrial
			 hygienist. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.24 - CLANDESTINE DRUG LABORATORY CLEANUP › Section 16.02.24.600 - REPORTING REQUIREMENTS

Current through August 31, 2023
In order for the property to be delisted, the property owner
				must provide the Department with an original or certified copy of the final
				report from the qualified industrial hygienist. The final report must include
				at least the following information: (3-17-22)
01.
Property Description
. The
			 property description including physical street address (apartment or motel
			 number, if applicable), city, zip code, legal description, ownership, and
			 number and type of structures present. (3-17-22)
02.
Documentation of Clearance Sampling
			 Procedures
. Documentation of sampling procedures in accordance with the
			 requirements under Section
			 400 of these rules.
			 (3-17-22)
03.
Laboratory
			 Results
. Analytical results from a laboratory as specified in Section
			 400 of these rules.
			 (3-17-22)
04.
Qualifications
			 of the Qualified Industrial Hygienist
. Qualified industrial hygienist
			 statement of qualifications, including professional certification or
			 documentation. (3-17-22)
05.
Signed Certification Statement
. A signed certification statement
			 as stating: "I certify that the cleanup standard established by the Idaho
			 Department of Health and Welfare has been met as evidenced by testing I
			 conducted." (3-17-22)
06.
Demolition Documentation
. If the property owner chooses to
			 demolish the property, documentation must be provided to the Department showing
			 that the structure was completely and lawfully demolished and disposed of in
			 compliance with local, state, and federal laws and regulations.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.25 - STATE LABORATORY FEES › Section 16.02.25.000 - LEGAL AUTHORITY

Current through August 31, 2023
Section
				56-1003, Idaho Code, authorizes
				the Department to administer and supervise laboratories and standards of tests
				for environmental pollution, chemical analyses, and communicable diseases.
				Section 56-1007, Idaho Code authorizes the
				Director to set fees and establish charges for laboratory services.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.25 - STATE LABORATORY FEES › Section 16.02.25.001 - SCOPE AND POLICY

Current through August 31, 2023
01.
Scope
. The intent of these rules is to standardize all fees levied by
			 the Bureau of Laboratories for the services it provides. The Bureau of
			 Laboratories is also known as the "State Laboratory." (3-15-22)
02.
Policy
. The primary purpose
			 of the Bureau of Laboratories is to provide laboratory services to support the
			 various programs carried out by the Department, district health departments,
			 and other agencies. Since it is not economically feasible for all departments
			 of state governments to develop their own laboratories, the Department provides
			 services, as appropriate, to other state agencies. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.25 - STATE LABORATORY FEES › Section 16.02.25.010 - DEFINITIONS

Current through August 31, 2023
For the purposes of these rules, the following terms apply:
				(3-15-22)
01.
Department
. Idaho Department of Health and Welfare. (3-15-22)
02.
Director
. The Director of
			 the Idaho Department of Health and Welfare or designee. (3-15-22)
03.
Laboratory Tests
. Specific
			 microbiological or chemical analysis methods conducted on clinical specimens or
			 environmental samples. (3-15-22)
04.
State Health Official
.
			 Division Administrator of Public Health. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.25 - STATE LABORATORY FEES › Section 16.02.25.200 - FEES FOR LABORATORY TESTS

Current through August 31, 2023
01.
Laboratory
			 Test, Air -- Table
.
Fees for Laboratory Tests --
							 Air
Air Test
							 Name
Fee
PM 2.5 Filter
$20.00
(3-15-22)
02.
Laboratory Tests, Microbiology --
			 Table
.
Fees for Laboratory Tests --
							 Microbiology
Microbiology Test
							 Name
Fee
Enzyme-Linked Immunoassay (EIA)
$146.00
Heterotrophic Plate Count
$28.00
Bacterial Isolate Identification
$80.00
Legionella pneumophila in Water,
							 Quantitative
$29.00
Legionella spp. Culture and
							 Identification
$154.00
Pathogen Screen by Polymerase Chain Reaction
							 (PCR)
$131.00
Pseudomonas aeruginosa, in Water,
							 Quantitative
$50.00
Total Coliform/E. coli,
							 Presence/Absence
$18.00
Total Coliform/E. coli, Quantitative
$20.00
(3-15-22)
03.
Laboratory Tests, Inorganic
			 Chemistry -- Table
.
Fees for Laboratory Tests --
							 Inorganic Chemistry
Inorganic Chemistry Test
							 Name
Fee
Alkalinity
							 (CaCO3),
$18.00
Ammonia as N,
$22.00
Arsenic
$23.00
Bromate
$100.00
Bromide
$32.00
Chlorate
$100.00
Chloride
$20.00
Chlorite
$150.00
Chlorophyll A and Pheophytin A
$75.00
Conductivity
$11.00
Cyanide
$50.00
Direct Mercury Analysis
$50.00
Fluoride
$20.00
Hardness
$28.00
Lead
$23.00
Mercury
$40.00
Metals Digestion
$21.00
Metals each (Aluminum, Antimony, Barium, Beryllium,
							 Boron, Cadmium, Calcium, Chromium, Cobalt, Copper, Iron, Lithium, Magnesium,
							 Manganese, Molybdenum, Nickel, Potassium, Selenium, Silicon, Silver, Sodium,
							 Strontium, Thallium, Tin, Vanadium, Zinc)
$13.00
Metals Speciation
$50.00
Nitrate + Nitrite as N
$20.00
Nitrate as N
$20.00
Nitrite as N
$20.00
Orthophosphate as P
$20.00
pH
$10.00
Sulfate
$20.00
Total Dissolved Solids
$16.00
Total Kjeldahl Nitrogen
$40.00
Total Phosphorus
$28.00
Total Suspended Sediment
$16.00
Total Suspended Solids
$16.00
Turbidity
$15.00
Uranium
$23.00
(3-15-22)
04.
Laboratory Tests, Organic Chemistry
			 -- Table
.
Fees for Laboratory Tests --
							 Organic Chemistry
Organic Chemistry Test
							 Name
Fee
1,2-dibromo-3-chloropropane/ethylene dibromide
							 (DBCP/EDB/TCP)
$125.00
Carbamates
$175.00
Chlorinated Herbicides
$175.00
Diquat
$175.00
ELISA
$12.00
Endothall
$175.00
Glyphosate
$150.00
Haloacetic Acids
$150.00
Oil and Grease
$75.00
Organochlorine Pesticides / PCBs
$175.00
Semi-volatile Compounds
$225.00
Semi-volatile, GC-MS Screen (Qualitative
							 Results)
$150.00
Total Trihalomethanes (TTHMs)
$110.00
Unknown Identification
$100.00
Volatile Organic Compounds (VOC)
$190.00
(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.25 - STATE LABORATORY FEES › Section 16.02.25.900 - WAIVER OF FEES

Current through August 31, 2023
Upon demonstration of good cause, any fee levied under this
				chapter may be suspended or waived, in full or in part, by the State Health
				Official. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.000 - LEGAL AUTHORITY

Current through August 31, 2023
Section
				56-1003, Idaho Code, authorizes
				the Director of Health and Welfare to adopt rules related to personal health.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.001 - SCOPE

Current through August 31, 2023
The Children's Special Health Program (CSHP) provides medical
				and rehabilitative services to persons age birth to eighteen (18) years who
				meet the diagnostic eligibility criteria defined in Sections
				101 through
				108 of these rules. The scope of
				activities provided by CSHP contractors and private providers such as
				diagnosis, case management, and treatment. The types of services for which
				reimbursement is made are related directly to program fiscal resources. Funds
				available for CSHP are limited in amount. Changes in the scope of services and
				in rates of reimbursement may be made by administrative decision should
				budgetary reductions or cost overruns occur. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.002 - WRITTEN INTERPRETATION

Current through August 31, 2023
This agency has written statements that pertain to the
				interpretation of the rules of this chapter, or to the documentation of
				compliance with the rules of this chapter. These documents are available for
				public inspection and copying at cost in the main office and each regional or
				district office of this agency. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.010 - DEFINITIONS

Current through August 31, 2023
For the purposes of these rules, the following terms are used:
				(3-15-22)
01.
Applicant
.
			 A person under age eighteen (18) seeking services provided by CSHP.
			 (3-15-22)
02.
Care
			 Coordinator
. A Department employee or contractor responsible for
			 receiving and processing CSHP applications and supporting documentation from
			 current and potential CSHP clients. A care coordinator issues authorization
			 memos for services authorized by CSHP. (3-15-22)
03.
Children's Special Health Program
			 (CSHP)
. The program section within the Department's Division of Health,
			 which is responsible for the administration of services leading to the
			 identification, diagnosis, and aftercare of children with special health care
			 needs. (3-15-22)
04.
Client
. A person under age eighteen (18) with a chronic physically
			 disabling condition which meets one (1) of the diagnostic categories of CSHP.
			 (3-15-22)
05.
Department
. The Idaho Department of Health and Welfare.
			 (3-15-22)
06.
Diagnosis
. The act of identifying a disease from its signs or symptoms.
			 (3-15-22)
07.
Medical
			 Food
. A food which is formulated to be consumed or administered
			 enterally (i.e., passing through the stomach and digested in the intestine),
			 under the supervision of a physician and metabolic nutritionist, and which is
			 intended for the specific dietary management of PKU. (3-15-22)
08.
Patient
. The term "patient"
			 is synonymous with the term "client." (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.051 - DIAGNOSTIC/CONSULTATIVE SERVICES

Current through August 31, 2023
Clinical examination of a CSHP client to confirm or determine
				the extent of their condition and recommend treatment options. Physician
				specialists under contract to CSHP may continue to serve in consultative roles
				to clients' primary care physicians following clinical examination.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.052 - TREATMENT SERVICES

Current through August 31, 2023
Following the diagnostic process, individuals may be closed to
				further service as having "no eligible condition found." Program-eligible
				clients are accepted for continuing service coordination under CSHP. Care is
				provided through clinics where treatment schedules are planned and periodic
				review of cases are conducted, and through private medical providers. An
				individual client's treatment plan may cover a variety of related services.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.053 - FOLLOW UP AND CASE MANAGEMENT

Current through August 31, 2023
CSHP will contract with care coordinators to follow-up on CSHP
				clients receiving treatment through the program to assure that a treatment plan
				is outlined. These staff will also implement timely scheduling of medical
				habilitative and rehabilitative services. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.054 - HOSPITAL IN-PATIENT SERVICES

Current through August 31, 2023
If diagnostic evaluation requires hospitalization, a maximum of
				three (3) days inpatient care may be authorized. No inpatient hospital services
				are paid for emergency, acute or chronic medical care. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.100 - DIAGNOSTIC CATEGORIES

Current through August 31, 2023
CSHP will serve clients in eight (8) general diagnostic
				categories: Cardiac, Cleft Lip and Palate, Craniofacial, Cystic Fibrosis,
				Neurological, Orthopedic, Phenylketonuria (PKU) and Plastic/Burn.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.101 - CARDIAC

Current through August 31, 2023
01.
Eligible Conditions
.
			 Eligible conditions include congenital heart disease or defects, acquired heart
			 disease, and dysrhythmia. (3-15-22)
02.
Excluded Conditions
. The
			 following conditions are excluded from care under CSHP: patent ductus
			 arteriosus (PDA) in premature neonates, inpatient care for non-diagnostic and
			 non-surgical admissions, and acute care, despite its potential relationship to
			 an underlying covered condition. (3-15-22)
03.
Spending Limit
. Services
			 provided to eligible patients under the Cardiac Program are subject to a per
			 patient, annual spending limit of twenty five thousand dollars ($25,000) for
			 each state fiscal year. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.102 - CLEFT LIP AND PALATE

Current through August 31, 2023
01.
Eligible
			 Conditions
. Eligible conditions include cleft lip, cleft palate, cleft
			 palate with cleft lip, cleft nose, Pierre Robin syndrome, choanal atresia,
			 palatal incompetence, severe malocclusions resulting from disease or trauma,
			 severe structural deformities involving the growth, and development of the
			 mandible or maxilla. (3-15-22)
02.
Excluded Conditions
. The following conditions are specifically
			 excluded from care under the CSHP Cleft Lip/Palate Program: isolated
			 hyper/hyponasality, non-cleft-related malocclusions, and mild familial
			 malocclusions. (3-15-22)
03.
Spending Limits
. Services provided to eligible patients under the CSHP
			 Cleft Lip and Palate program are subject to a per patient, annual spending
			 limit of fifteen thousand dollars ($15,000) for each state fiscal year.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.103 - CRANIOFACIAL

Current through August 31, 2023
01.
Eligible Conditions
.
			 Eligible conditions include congenital anomalies of the skull and face,
			 acrocephalosyndactyly, craniosynostosis, Crouzon's Disease, hyperterlorism
			 (severe), platybasia, and hemifacial microsomia, including associated microtia.
			 (3-15-22)
02.
Excluded
			 Conditions
. The following conditions are excluded from care under the
			 Idaho CSHP Craniofacial Program: isolated microtia, temporal mandibular joint
			 disease (TMJ), and simple hemangioma not affecting other organ systems.
			 (3-15-22)
03.
Spending
			 Limits
. Services provided to eligible patients under the CSHP
			 Craniofacial Program are subject to a per patient, annual spending limit of
			 eighteen thousand dollars ($18,000) for each state fiscal year.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.104 - CYSTIC FIBROSIS

Current through August 31, 2023
01.
Eligible
			 Conditions
. In addition to cystic fibrosis, services are also provided
			 under this program to clients eighteen (18) years of age and under who have
			 Kartagener's Syndrome or immotile cilia. (3-15-22)
02.
Services Provided
. Services
			 available include Physician's office or clinic visits, laboratory, x-ray and
			 other tests ordered by physician, medications and drugs prescribed in
			 connection with treatment of cystic fibrosis, transportation to out-of-state
			 medical centers based on physician referral, and home therapy equipment
			 prescribed by the physician. Genetic counseling clinics are available through
			 the state or contractors, and cystic fibrosis patients and their families are
			 encouraged to make use of this service. (3-15-22)
03.
Excluded Services
. Inpatient
			 hospital care is not paid for under the CSHP Cystic Fibrosis Program,
			 consistent with CSHP policy of not paying for emergency, acute, or chronic
			 medical care. (3-15-22)
04.
Spending Limit
. Services provided to eligible patients under the CSHP
			 Cystic Fibrosis Program are subject to a per patient, annual spending limit of
			 eighteen thousand dollars ($18,000) for each state fiscal year.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.105 - NEUROLOGIC

Current through August 31, 2023
01.
Eligible Conditions
.
			 Eligible conditions include cerebral palsy, seizures/epilepsy, metabolic and
			 storage diseases, central nervous system (CNS) degenerative disorders,
			 congenital CNS anomalies, chronic encephalopathy and CNS injury (near drowning,
			 birth asphyxia), neurocutaneous and neuromuscular syndromes, chronic residua of
			 CNS infections, neuromuscular disorders, attention deficit hyperactive disorder
			 (ADHD) (limited to two (2) visits per year after diagnosis), Tourette's
			 Syndrome, rehabilitation services associated with tumors, infections, trauma,
			 and cerebral vascular disease (CVD). (3-15-22)
02.
Excluded Conditions
. The
			 following conditions are excluded from care under the CSHP Neurologic Program:
			 speech problems without associated CSHP eligibility, primary intellectual
			 disabilities, autism, acute head and spinal cord injuries, primary psychiatric
			 and emotional disorders, headache, and night terrors. (3-15-22)
03.
Spending Limit
. Services for
			 eligible patients under the CSHP Neurologic Program are subject to a per
			 patient, annual spending limit of twelve thousand dollars ($12,000) for each
			 state fiscal year. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.106 - ORTHOPEDIC

Current through August 31, 2023
01.
Eligible Conditions
.
			 Eligible conditions include juvenile rheumatoid arthritis (JRA), developmental
			 dysplasia of the hip, cerebral palsy, neuromuscular dystrophies and atrophies,
			 spinal column defects and deformities causing functional impairment, congenital
			 anomalies of the extremities causing functional impairment, chronic conditions
			 resulting from trauma, limb deficiencies and length discrepancies, chronic
			 infections and inflammations of bones and joints, congenital developmental hip
			 conditions, skeletal dysplasia and other forms of dwarfism, fractures
			 associated with bracing or other long-term care, rehabilitation services
			 associated with tumors and malignancies, metatarsus varus and adductus, and
			 polydactyly. (3-15-22)
02.
Excluded Conditions
. The following conditions are excluded from care:
			 simple fractures and other trauma without handicapping residual, acute
			 infections of bone or joint, simple flat feet (painless), acute care for
			 amputations, acute care for fractures or other injuries, benign genu valgum
			 (knock knee), benign genu varum (bow legs), tibial torsion/femoral version, and
			 growth hormone therapy for short stature. (3-15-22)
03.
Spending Limits
. Services
			 provided to eligible patients under the CSHP Orthopedic Program are subject to
			 a per patient, annual spending limit of fifteen thousand dollars ($15,000) for
			 each state fiscal year. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.107 - PHENYLKETONURIA (PKU)

Current through August 31, 2023
Under this program eligible patients are provided treatment
				services that include nutritional assessment, dietary counseling, and provision
				of medical foods, including formula, in compliance with the patient's treatment
				plan. PKU patients under eighteen (18) years of age may purchase medical foods
				from CSHP or CSHP's contractor(s) by prepaying the appropriate percentage, if
				any, of CSHP's cost. The percentage of cost is based on the sliding fee scale
				in Section 157 of these rules.
				(3-15-22)
01.
PKU Patients Under
			 Eighteen Years of Age
. PKU patients under eighteen (18) years of age may
			 purchase medical foods from CSHP or CSHP's contractor(s) by pre-paying the
			 appropriate percentage, if any, of CSHP's cost. The percentage of cost is based
			 on the sliding fee scale in Section
			 157 of these rules.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.108 - PLASTIC/BURN

Current through August 31, 2023
01.
Eligible Conditions
.
			 Eligible conditions include hemangioma and lymphangioma depending on severity,
			 location, and effect on function; cystic hygroma; and hemifacial microsomia,
			 including associated microtia. (3-15-22)
02.
Excluded Conditions
. The
			 following conditions are excluded from care under the Idaho CSHP Plastic/Burn
			 program: acute burn care, cosmetic surgery, and hemangioma, including port wine
			 stain, not affecting physical function. (3-15-22)
03.
Spending Limit
. Services
			 provided to eligible patients under the CSHP Plastic/Burn Program are subject
			 to a per patient, annual spending limit of fifteen thousand dollars ($15,000)
			 for each state fiscal year. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.149 - PROGRAM ELIGIBILITY

Current through August 31, 2023
Eligibility for participation in CSHP is based on the
				following: (3-15-22)
01.
Insurance Status
. Any person with creditable medical insurance as
			 determined by the Department is not eligible for this program, except for CF
			 and PKU participants. Creditable insurance is determined by using IDAPA
			 16.03.01, "Eligibility For Health Care Assistance For Families and Children."
			 (3-15-22)
02.
Age
.
			 Applications may be accepted on persons up to age eighteen (18). CSHP will pay
			 for no services after the patient's 18th birthday unless the person is
			 receiving active inpatient treatment at the time of the birthday. In that case
			 CSHP will pay for services until discharge if they fall within the guidelines
			 described in Section 054 of these
			 rules. (3-15-22)
03.
Diagnosis
. Eligible persons are those born with or who acquire
			 physical disabilities or special health care needs as defined under Sections
			 101 through
			 108 of these rules and who require
			 long-term multi-disciplinary care to improve their ability to function.
			 (3-15-22)
04.
Residence
. Applicants must be legal residents of the state of Idaho to
			 receive services from CSHP. Legal residents of neighboring states are not
			 eligible for services. Non-citizens who are legal residents of Idaho are
			 eligible to receive services, but undocumented aliens are not.
			 (3-15-22)
05.
Income
.
			 Income for a family is defined as "adjusted taxable income" from the family's
			 most recent tax return. Financial eligibility is redetermined annually and may
			 be redetermined more often if family circumstances change during the year.
			 (3-15-22)
06.
Family
			 Size
. Family is defined as a "group of related or non-related
			 individuals who are not residents of an institution, but who are living
			 together as one (1) economic unit." Family size is the number of individuals
			 included in that unit. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.157 - SLIDING FEE SCALE

Current through August 31, 2023
The sliding fee scale in this rule is used to determine the
				family's percentage of financial participation for a CSHP client's treatment.
				Each percentage category includes an annual per-client maximum for which a
				family would be responsible in any given year. The percentage amount applies to
				all costs incurred for services provided to the client up to the annual maximum
				indicated.
TABLE 157 - SLIDING FEE SCALE
							 FOR CSHP SERVICES
Percent of Federal Poverty
							 Level
Percentage of Cost Sharing
							 Responsibility for Responsible Party
Annual Maximum Responsibility
							 Per Client
0% - 185%
0%
$0
186% -199%
10%
$1,800
200% - 224%
20%
$3,600
225% -249%
30%
$5,400
250% -274%
50%
$9,000
275% -299%
75%
$13,500
300% and above
100%
$18,000
(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.158 - APPLICATION FOR OTHER RESOURCES

Current through August 31, 2023
CSHP applicants are required to apply for benefits from other
				programs for which they may be eligible and which reduces the costs to CSHP.
				The use of all available other resources is required in order to supplement
				program dollars to the greatest degree possible. For new applicants and during
				redetermination there will be a review for possible eligibility for other
				programs and appropriate referrals will be made. Families who refuse to obtain
				benefits for which they are eligible or do not complete the application process
				will be closed to the program. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.200 - APPLICATIONS

Current through August 31, 2023
An application for services from CSHP must, at a minimum,
				consist of a completed Application Form and verification statement from medical
				provider confirming eligible diagnosis. A copy of the family's most recent tax
				return will also be required in order to determine financial eligibility. CSHP
				may require additional forms such as a Request for Services, Consent for the
				Release of Information and an Authorization to Release Information.
				Applications are processed by CSHP staff and contractors. Applicants are
				notified as to their acceptance or denial by a CSHP Care Coordinator.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.250 - PAYMENTS TO PROVIDERS

Current through August 31, 2023
CSHP payments are made on the basis of fee schedules or set
				allowances; where applicable, Idaho Medicaid rates are used. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.251 - PRIOR AUTHORIZATION

Current through August 31, 2023
To qualify for payment by CSHP, services other than
				diagnostic/consultative and follow-up/case management must be preauthorized by
				the CSHP Care Coordinator or designee. A CSHP Authorization Memo, obtained from
				the District CSHP Care Coordinator, must be issued for any service authorized
				under CSHP. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.252 - MAXIMUM ON HOSPITAL IN-PATIENT PAYMENTS

Current through August 31, 2023
There is a twelve thousand dollar ($12,000) maximum payment,
				per hospitalization, for inpatient hospital expenses, exclusive of surgeon,
				anesthesiologist or other physician costs related to the hospitalization. These
				costs are applied toward the annual program cap. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.253 - BILLING THIRD PARTIES FIRST

Current through August 31, 2023
Providers and parents or legal guardians must bill all other
				sources of direct third party payment before submitting their claims to CSHP
				for payment. Private insurance must be billed and benefits, or the denial of
				benefits, ascertained before the CSHP will consider payment. Typically either
				an Explanation of Benefits (EOB) from the third party payor or a letter stating
				that the service is not covered will be required before CSHP payment will be
				made. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.254 - THIRD PARTY PAYMENTS IN EXCESS OF CSHP LIMITS

Current through August 31, 2023
CSHP will not reimburse providers for services rendered when
				the amount received by the provider from the third party payor is equal to or
				exceeds the level of reimbursement allowed by CSHP for those particular
				services. (3-1522)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.255 - MEDICAID ELIGIBILITY

Current through August 31, 2023
Any person who may be eligible for Medicaid is required to
				apply before CSHP services are authorized. CSHP is always last payor to
				Medicaid. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.256 - OUT-OF-STATE-CARE

Current through August 31, 2023
CSHP will not pay for care out-of-state that is available
				in-state. Any exceptions to this rule will be determined by the state office of
				the CSHP. All out-of-state care must be preauthorized through a CSHP clinic or
				other regular program mechanism. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.26 - THE IDAHO CHILDREN'S SPECIAL HEALTH PROGRAM › Section 16.02.26.257 - DURABLE MEDICAL EQUIPMENT

Current through August 31, 2023
The CSHP will always be payor of last resort for all durable
				medical equipment provided to clients. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.27 - IDAHO RADIATION CONTROL RULES › Section 16.02.27.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Legislature, under the following Sections of statute
				has granted authority to the Board of Health and Welfare and the Director of
				the Department to adopt rules related to x-ray producing machines in order to
				protect the health of the people of Idaho. Sections
				56-1041 and
				56-1043, Idaho Code, grant
				authority to the Board of Health and Welfare to adopt radiation control rules.
				Section 56-1041, Idaho Code, establishes
				the Department as the designated agency to regulate, license, and control
				radiation associated with x-ray machines. Section
				56-1044, Idaho Code, requires that
				radiation machines for mammography be registered with the Department, as
				provided in rule. Section
				56-1046, Idaho Code, grants
				authority to the Department to establish record-keeping and reporting
				requirements for those who possess or use an x-ray machine. Section
				56-1003, Idaho Code, grants
				authority to the Director to supervise and administer laboratories. Section
				56-1007, grants authority to the
				Department to charge and collect fees established by rule. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.27 - IDAHO RADIATION CONTROL RULES › Section 16.02.27.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 16.02.27, "Idaho Radiation
			 Control Rules." (3-15-22)
02.
Scope
. Except as otherwise specifically provided, these rules
			 apply to all persons who possess, use, transfer, own, or acquire any radiation
			 machine. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.27 - IDAHO RADIATION CONTROL RULES › Section 16.02.27.051 - MACHINES REQUIRED TO BE LICENSED

Current through August 31, 2023
Radiation producing machines, unless exempt under Section B.4
				of the Suggested State Regulations for Control of Radiation incorporated under
				Section 004 of these
				rules, must be licensed with the Radiation Control Agency in accordance with
				the requirements of Sections B.6 through B.9, of the Suggested State
				Regulations for Control of Radiation, as applicable. (3-15-22)