reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.114 - VOLUNTARY CLOSURE

Current through August 31, 2023
When choosing to voluntarily close a CFH, the provider must
				give written notice at least thirty (30) days in advance to the residents, or
				the residents' representatives when applicable, and the certifying agent in the
				region where the home is located. The notification must include the following:
				(3-28-23)
01.
Date of
			 Notification
. (3-28-23)
02.
Provider's Certificate
. A copy of the certificate, or information
			 from the certificate that includes: (3-28-23)
a. The provider's name; and
			 (3-28-23)
b. Address of the home;
			 or (3-28-23)
c. Certificate number.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.115 - REQUIRED ONGOING TRAINING

Current through August 31, 2023
The provider must document a minimum of eight (8) hours per
				year of ongoing, relevant training. (3-28-23)
01.
Initial Provider Training
.
			 The initial provider training required in Section
			 100 of these rules satisfies the
			 eight (8) hour training requirement for the first year of certification.
			 (3-28-23)
02.
Content of
			 Training
. Relevant training includes any topic that maintains or expands
			 caregiving skills or safety practices in the home, such as topics of
			 supervision, services, and care to vulnerable adults. (3-28-23)
a. At least half of the required ongoing
			 training hours each year must be devoted to the specific conditions, diagnoses
			 and needs of admitted residents, when residents are admitted.
			 (3-28-23)
b. The remaining hours
			 may be devoted to general topics related to caregiving, health, or safety.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.120 - EXCEPTIONS

Current through August 31, 2023
The Department may grant an individual provider an exception to
				a specific standard in these rules under Section
				39-3554, Idaho Code. Such an
				exception may be in the form of a permanent waiver or a temporary variance
				effective for up to twelve (12) months. (3-28-23)
01.
Written Request
. The
			 provider must submit a written request for an exception to the regional
			 certifying agent where the home is located prior to any planned noncompliance
			 with any rule under these rules. The appropriateness of granting an exception
			 is determined by the Department. The request must include the following:
			 (3-28-23)
a. Reference to the Section of these
			 rules for which the exception is requested; (3-28-23)
b. Reasons that show good cause for granting
			 the exception, including any extenuating circumstances and any compensating
			 factors or conditions that may have bearing on the exception, such as
			 additional floor space or additional staffing; and (3-28-23)
c. A signed statement from the provider that
			 assures resident health and safety will not be jeopardized if the exception is
			 granted, including an agreement to implement any special conditions the
			 Department may require. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.121 - REVOKING AN EXCEPTION

Current through August 31, 2023
01.
Causes
			 for Revocation
. The Department may revoke any exception granted under
			 Sections 120 through
			 140 of these rules when: (3-28-23)
a. The provider has not met the special
			 conditions associated with granting the exception; (3-28-23)
b. Conditions within the home have changed
			 such that an exception is no longer prudent; or (3-28-23)
c. The health and safety of residents have
			 otherwise been compromised. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.130 - NURSING FACILITY LEVEL OF CARE VARIANCE

Current through August 31, 2023
01.
Request for Variance
. A CFH may care for one (1) resident who requires
			 nursing facility level of care as defined in Section
			 39-1301(b), Idaho
			 Code, without obtaining a variance. A provider seeking to care for two (2) or
			 more residents who require nursing facility level of care must request a
			 variance in writing from the Department as required in Section
			 120 of these rules.
			 (3-28-23)
02.
Conditions for
			 Variance
. The Department may issue a written variance permitting the
			 arrangement when: (3-28-23)
a. Each of the
			 residents or their representative provides a written statement to the
			 Department requesting the arrangement; (3-28-23)
b. Each of the residents or their
			 representative making the request is competent, informed, and has not been
			 coerced; and (3-28-23)
c. The
			 Department finds the arrangement safe and effective.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.140 - VARIANCE TO THE TWO RESIDENT LIMIT

Current through August 31, 2023
A CFH may admit or retain a maximum of two (2) residents
				without first obtaining a variance from the Department. Exceeding that limit
				requires a variance from the Department. (3-28-23)
01.
Application for Variance
.
			 The provider must apply on forms provided by the Department for a variance to
			 the two (2) resident limit to care for three (3) or four (4) residents on a per
			 resident basis prior to any new admissions. The application must be submitted
			 to the certifying agent where the home is located. The Department determines
			 the appropriateness of granting the variance. (3-28-23)
02.
Criteria for Determination
.
			 The Department will determine if safe and appropriate care can be provided
			 based on residents' needs. The Department will consider the following factors
			 in making its determination: (3-28-23)
a. Each
			 current or prospective resident's physical, mental, and behavioral status and
			 history; (3-28-23)
b. The household
			 composition including the number of adults, children, and other family members
			 requiring care and their care needs from the provider; (3-28-23)
c. The training, education, and experience of
			 the provider to meet each resident's needs; (3-28-23)
d. Potential barriers that might limit egress
			 from and ingress to the home; (3-28-23)
e. The number and qualifications of staff to
			 meet the needs of residents and others requiring care in the home;
			 (3-28-23)
f. The desires of the
			 prospective and current residents or their representatives, including approval
			 of roommate, if applicable; (3-28-23)
g. The individual and collective hours of
			 care needed by the residents; and (3-28-23)
h. The physical layout of the home and the
			 square footage available to meet the space requirements of all persons living
			 in the home. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.150 - INSPECTIONS OF HOMES

Current through August 31, 2023
The Department will inspect each CFH at least every twenty-four
				(24) months, calculated from the first month of the most recent certification.
				Inspections may occur more frequently as the Department deems necessary. That
				determination may consider the results of previous inspections, history of
				compliance with rules, and complaints. (3-28-23)
01.
Notice of Inspection
. All
			 inspections, except for the initial certification study, may be made
			 unannounced and without prior notice. (3-28-23)
02.
Inspection by Certifying
			 Agent
. The Department may use the services of any qualified person or
			 organization, either public or private, to examine and inspect any home
			 requesting certification. The inspector has the authority to have full access
			 to the home and the authority to: (3-28-23)
a.
			 Examine quality of care and service delivery; (3-28-23)
b. Examine home records, resident records,
			 and any records or documents pertaining to any financial transactions between
			 residents and the home, including resident accounts; (3-28-23)
c. Examine the physical premises, including
			 the condition of the home, grounds and equipment, food service, water supply,
			 sanitation, maintenance, and housekeeping practices; (3-28-23)
d. Examine any other areas necessary to
			 determine compliance with the CFH requirements; (3-28-23)
e. Interview the provider, any adults living
			 in the home, the resident and the resident's relatives, substitute caregivers,
			 persons who provide incidental supervision, and any other person who is
			 familiar with the home or its operation. Interviews are conducted privately
			 unless otherwise specified by the person being interviewed or that person's
			 legal guardian, except when the legal guardian is an alleged perpetrator in an
			 allegation being investigated in connection with the interview; and
			 (3-28-23)
f. Inspect the entire
			 home, including the personal living quarters of household members, to check for
			 inappropriate storage of combustibles, faulty wiring, or other conditions that
			 may have a direct impact on the operation of the home. The provider, staff,
			 substitute caregiver, or any other adult living in the home may accompany the
			 certifying agent. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.151 - VIOLATIONS

Current through August 31, 2023
When an investigation or inspection finds violations of the CFH
				requirements, the Department will notify the provider in writing within thirty
				(30) days of the completed inspection or investigation. (3-28-23)
01.
Technical Assistance
. When
			 the Department determines a violation does not pose a health or safety risk to
			 residents or is not otherwise a core issue, and the non-compliant practice was
			 due to the provider's misunderstanding of a standard, the Department may give
			 technical assistance to the provider under Section
			 39-3527, Idaho Code. When given
			 written notice of technical assistance, the provider must correct the violation
			 within thirty (30) days of the notice. (3-28-23)
02.
Statement of Deficiencies
.
			 When the Department determines a formal citation is necessary to enforce
			 compliance with a standard, the Department may issue the provider a statement
			 of deficiencies. The statement of deficiencies will include the findings of the
			 investigation or inspection and any rules or statutes the home was found to
			 have violated. (3-28-23)
03.
Plan of Correction
. When a statement of deficiencies is issued, the
			 provider must develop a plan of correction and submit it to the Department for
			 review and approval. (3-28-23)
a. Depending on
			 the severity of the deficiency, the provider may be given up to fourteen (14)
			 calendar days to submit a written plan of correction to the regional certifying
			 agent where the home is located. (3-28-23)
b. An acceptable plan of correction includes:
			 (3-28-23)
i. How each deficiency was corrected
			 or how it will be corrected; (3-28-23)
ii. What steps have been taken to assure that
			 the deficiency does not reoccur; (3-28-23)
iii. Acceptable time frames for correction of
			 the deficiency not to exceed thirty (30) days from the date of the Department's
			 written notice; and (3-28-23)
iv.
			 Signature of the provider or written acknowledgment that the provider agrees to
			 implement the plan of correction. (3-28-23)
c. Follow-up inspections may be conducted to
			 determine whether corrections to deficiencies have been made according to the
			 Department-approved plan of correction. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.160 - INVESTIGATIONS

Current through August 31, 2023
01.
Complaints
. (3-28-23)
a. Any person who believes that staff have
			 committed a violation of the CFH requirements may report a complaint to the
			 Department. (3-28-23)
b. In
			 addition to its own investigation, the Department will also refer any complaint
			 alleging abuse, neglect, or exploitation of a vulnerable adult to adult
			 protective services according to Section
			 39-5303, Idaho Code, for potential
			 criminal investigation. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.170 - MINIMUM STANDARDS OF CARE

Current through August 31, 2023
The provider must adequately care for each resident as follows:
				(3-28-23)
01.
Plan of
			 Service
. Ensure services are provided to meet the terms of the
			 resident's plan of service as described in Section
			 250 of these rules.
			 (3-28-23)
02.
Supervision
. Ensure the resident receives appropriate and adequate
			 supervision under the resident's plan of service while in the care of CFH
			 staff. (3-28-23)
03.
Daily
			 Living Activities
. Ensure assistance is provided to the resident at the
			 level of care indicated on the resident's plan of service in the areas of
			 activities of daily living and instrumental activities of daily living.
			 (3-28-23)
04.
Medication
			 Management
. Ensure assistance and monitoring of medications is provided
			 as described in Sections
			 400 through
			 402 of these rules, as applicable.
			 (3-28-23)
05.
Emergency
			 Services
. Ensure immediate and appropriate interventions on behalf of
			 the resident are provided in response to an emergency, including the following:
			 (3-28-23)
a. Developing emergency plans as
			 described in Section 600 of these
			 rules and executing those plans when necessary; (3-28-23)
b. Evacuating the resident from the home;
			 (3-28-23)
c. Providing first aid to
			 the resident when seriously injured; (3-28-23)
d. Administering CPR to the resident unless
			 the resident has an order not to resuscitate; and (3-28-23)
e. Contacting 9-1-1 for first responder
			 services when necessary for the protection of the resident.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.174 - ACTIVITIES AND COMMUNITY INTEGRATION

Current through August 31, 2023
Section
				39-3501, Idaho Code, requires that
				a CFH provide a homelike, family-styled living environment with a focus on
				integrated community living. The provider must offer the following:
				(3-28-23)
01.
Activities
.
			 As reasonably reflecting the interests of the resident, recreational
			 activities, participation in social functions, and daily activities.
			 (3-28-23)
02.
Transportation
. Arrangement of transportation to and from
			 community, recreational, and religious activities within twenty-five (25) miles
			 of the home when requested by the resident at least twenty-four (24) hours in
			 advance. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.175 - ROOM AND BOARD

Current through August 31, 2023
The home must provide room, utilities, and three (3) daily
				meals to the resident. The following are included in the charge for room and
				board: (3-28-23)
01.
Sleeping
			 Room
. A sleeping room meeting the requirements of Section
			 700 of these rules, and, when
			 requested by the resident, equipped with a dresser and chair in good repair.
			 (3-28-23)
02.
Bed
. A
			 bed that is at least thirty-six (36) inches wide. Roll-away type beds, cots,
			 folding beds, or double bunks must not be used unless requested by the
			 resident. A clean and comfortable mattress, bedspread, sheets and pillow cases,
			 and pillow that are standard for the size of the bed must also be included. The
			 bed, bedding, and mattress must be kept in good repair. (3-28-23)
03.
Monitoring or Communication
			 System
. A monitoring or communication system, when necessary due to the
			 size or design of the home, or the needs of the resident. The provider must
			 hold a written agreement with the resident or resident's representative prior
			 to using a monitoring system that may violate the resident's right to privacy.
			 (3-28-23)
04.
Secure
			 Storage
. On request, a lockable storage cabinet or drawer for personal
			 items for each resident. (3-28-23)
05.
Bathroom
. Access to bathing
			 and toilet facilities meeting the requirements of Section
			 700 of these rules.
			 (3-28-23)
06.
Common
			 Areas
. Access to common living areas, including: (3-28-23)
a. A living room or family room that contains
			 adequate lighting for activities, side or coffee tables, comfortable chairs or
			 sofas, and basic television: (3-28-23)
b. A dining area containing a table and
			 chairs; and (3-28-23)
c. A kitchen
			 with a sink, oven, refrigerator, and counter space.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.180 - HOURLY ADULT CARE

Current through August 31, 2023
Hourly adult care (adult day health) may be offered in a CFH
				when the provider implements a policy and procedure including: (3-28-23)
01.
Medicaid Provider Agreement
.
			 Each element under the Medicaid Provider Agreement Additional Terms - Adult Day
			 Care (Adult Day Health). (3-28-23)
02.
Records
. Maintenance of
			 legible records identifying: (3-28-23)
a. The
			 rate charged by the provider for hourly adult care services if the participant
			 is private pay; (3-28-23)
b. On a
			 per day basis, when hourly adult care services were provided in the home, the
			 name of each participant and resident who received services, their times of
			 arrival to and departure from the home and the names of staff who provided
			 services and their arrival and departure times. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.200 - RESIDENT RIGHTS POLICY

Current through August 31, 2023
The provider must possess and implement a written policy
				designed to protect and promote resident rights. In addition to the rights
				under Section
				39-3516, Idaho Code, the resident
				rights policy must include the following: (3-28-23)
01.
Monitoring Correspondence
.
			 The right to send and receive mail unopened, either by postal service,
			 electronically, or by other means, unless the resident's plan of service
			 specifically calls for the provider to monitor the correspondence to protect
			 the resident from abuse or exploitation. (3-28-23)
02.
Image
. The right to control
			 staff's use of pictures and videos containing the resident's image.
			 (3-28-23)
03.
Crime-Free
			 Living Environment
. The right to a living environment free of illicit
			 drug use or possession, and other criminal activities. (3-28-23)
04.
Freedom From Discrimination
.
			 The right to be free from discrimination on the basis of race, color, national
			 origin, sex, religion, age, disability, or veteran status; (3-28-23)
05.
Freedom of Choice
. The
			 right to be free from intimidation, manipulation, and coercion.
			 (3-28-23)
06.
Basic Needs
			 Allowance
. For each resident whose care is publicly funded, in whole or
			 in part, the right to retain, for personal use, the CFH basic allowance
			 established by IDAPA 16.03.05. "Eligibility for Aid to the Aged, Blind, and
			 Disabled," Section 513. The
			 provider's total monthly charges to a resident receiving public assistance must
			 be limited to ensure the resident retains at least the basic needs allowance.
			 (3-28-23)
07.
Resident Funds
			 and Property
. The right to manage personal funds and use personal
			 property, including access to the home. (3-28-23)
a. The resident has the right to retain and
			 use personal property in their own living area. The provider must ensure,
			 however, the storage and use of these items by the resident does not present a
			 fire or life safety hazard. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.201 - NOTICE OF RESIDENT RIGHTS

Current through August 31, 2023
01.
Resident
			 Rights Notice
. At the time of admission to the home, the provider must
			 inform the resident or their representative, verbally and in writing, of the
			 home's resident rights policy and supply the resident or their representative a
			 copy of the policy. (3-28-23)
02.
Annual Review of Resident Rights
. The provider must review the
			 resident rights policy with the resident or their representative at least
			 annually. (3-28-23)
03.
Documentation of Review
. The provider must keep a log of each review of
			 the resident rights policy in the resident's record. The log must include dated
			 signatures from the provider and the resident or the resident's representative
			 acknowledging the review. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.210 - REPORTING REQUIREMENTS

Current through August 31, 2023
The provider must report the following to the regional
				certifying agent where the home is located or appropriate agency or individual:
				(3-28-23)
01.
Serious Physical
			 Injury or Death
. The provider must report to the appropriate law
			 enforcement agency within four (4) hours when there is reasonable cause to
			 believe that abuse, neglect, or sexual assault has resulted in death or serious
			 physical injury jeopardizing the life, health, or safety of a resident under
			 Section 39-5303, Idaho Code.
			 (3-28-23)
02.
Abuse, Neglect,
			 or Exploitation
. When the provider has reasonable cause to believe that
			 a vulnerable adult is being or has been abused, neglected, or exploited, the
			 provider must immediately report this information to the Idaho Commission on
			 Aging or its Area Agencies on Aging, under Section
			 39-5303, Idaho Code.
			 (3-28-23)
03.
Critical
			 Incidents
. The provider must notify the certifying agent when a critical
			 incident affects the health or safety of the resident or leads to a change in
			 the resident's condition, including serious illness, accident, elopement,
			 death, or adult protective services or law enforcement contact and
			 investigation. Reporting requirements are as follows: (3-28-23)
a. Within twenty-four (24) hours of the
			 resident's death or disappearance; and (3-28-23)
b. Within three (3) business days following:
			 (3-28-23)
i. Contact from adult protective
			 services or law enforcement in conjunction with an investigation;
			 (3-28-23)
ii. A visit to an urgent
			 care clinic or emergency room; or (3-28-23)
iii. Admission to a hospital.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.225 - UNIFORM ASSESSMENT REQUIREMENTS

Current through August 31, 2023
01.
State
			 Responsibility for Publicly Funded Residents
. The Department will assess
			 residents accessing services through a publicly funded program according to
			 uniform criteria developed for that program. (3-28-23)
02.
Provider Responsibility for
			 Private-Pay Residents
. The provider will develop, identify, assess, or
			 direct a uniform needs assessment of each private-pay resident. The uniform
			 needs assessment must be: (3-28-23)
a.
			 Completed no later than fourteen (14) calendar days after admission; and
			 (3-28-23)
b. Reviewed when there is
			 a change in condition, or every twelve (12) months, whichever occurs first.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.250 - PLAN OF SERVICE

Current through August 31, 2023
The provider must ensure each resident has a plan of service.
				The plan must identify the resident, describe the services to be offered, and
				describe how the services will be delivered. (3-28-23)
01.
Core Elements
. A resident's
			 plan of service must be based on the resident's: (3-28-23)
a. Assessment; (3-28-23)
b. Service needs for activities of daily
			 living; (3-28-23)
c. Need for
			 limited nursing services; (3-28-23)
d. Need for medication assistance;
			 (3-28-23)
e. Frequency of needed
			 services; (3-28-23)
f. Level of
			 care; (3-28-23)
g. Habilitation and
			 training needs; (3-28-23)
h.
			 Behavioral management needs, including identification of situations that
			 trigger dangerous, unlawful, or otherwise problematic behavior, plans to
			 prevent such situations, and coping procedures if triggered;
			 (3-28-23)
i. Healthcare
			 professional's orders; (3-28-23)
j.
			 Admission records; (3-28-23)
k.
			 Supportive services; (3-28-23)
l.
			 Desires and choices, to the greatest extent possible; (3-28-23)
m. Need for supervision, including the
			 degree; (3-28-23)
n. Transfer and
			 discharge needs; and (3-28-23)
o.
			 Other identified needs. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.260 - ADMISSIONS

Current through August 31, 2023
The provider must only admit or retain residents in the home
				under Section
				39-3507, Idaho Code.
				(3-28-23)
01.
Department
			 Review
. The provider must obtain approval from the Department for each
			 admission prior to the prospective resident moving into the home. The following
			 must be provided to the regional certifying agent where the home is located:
			 (3-28-23)
a. Name, gender, and date of birth
			 of the prospective resident; (3-28-23)
b. The contemplated date of admittance of the
			 prospective resident into the home; (3-28-23)
c. The prospective resident's history and
			 physical from the resident's healthcare professional, conducted within the
			 previous twelve (12) month period and reflecting the resident's current health
			 status. If the resident is private-pay, the documentation must include a
			 statement from the resident's healthcare professional indicating that the
			 resident is appropriate for CFH care; (3-28-23)
d. A list of the prospective resident's
			 current medications and treatments from their healthcare professional;
			 (3-28-23)
e. Contact information
			 for the prospective resident's healthcare professionals; (3-28-23)
f. Contact information for the prospective
			 resident's representative, if applicable; (3-28-23)
g. The prospective resident's plan of service
			 from another healthcare setting, or any such plan of service conducted for the
			 resident within the previous six (6) months, if one exists, when the resident
			 transfers to the home from another healthcare setting; and (3-28-23)
h. Other information requested by the
			 Department relevant to the appropriateness of the admission and the provider's
			 ability to provide adequate care. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.261 - DISCHARGE OR TRANSFER

Current through August 31, 2023
01.
Termination of Admission Agreement
. The admission agreement must only be
			 terminated under the following conditions: (3-28-23)
a. The provider or the resident, or the
			 resident's representative, if applicable, provides the other party at least
			 thirty (30) calendar days' prior written notice; or (3-28-23)
b. A three (3) day written notice may be
			 given by the provider to the resident or the resident's representative, if
			 applicable, when any of the following occur, subject to the appeal process
			 under Subsection 260.04.n. of these rules:
			 (3-28-23)
i. Nonpayment of the resident's
			 bill identified in Subsection
			 260.04.l. of these rules;
			 (3-28-23)
ii. The resident violates
			 any written conditions of the admission agreement (e.g., no smoking, no pets,
			 etc.); or (3-28-23)
iii. The
			 resident engages in the unlawful delivery, production, or use of a controlled
			 substance on the premises of the home. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.270 - RESIDENT RECORDS

Current through August 31, 2023
The provider must maintain legible records for each resident
				admitted to the home as follows. (3-28-23)
01.
Updated Records
. Records
			 maintained by the CFH must be updated, as necessary, to reflect accurate
			 information as changes occur. (3-28-23)
02.
Maintenance of Records
. The
			 provider must ensure records are maintained and available for inspection in the
			 home as follows: (3-28-23)
a. Admission
			 records for two (2) years from the date of the resident's discharge from the
			 home; and (3-28-23)
b. Ongoing
			 records for two (2) years from the date of the record.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.275 - RESIDENT FUNDS AND FINANCIAL RECORDS

Current through August 31, 2023
01.
Resident
			 Funds Policy
. Each provider must possess and implement a policy and
			 procedure describing how the resident's funds will be managed including the
			 following: (3-28-23)
a. When the resident
			 moves out from the home under any circumstances except those under Section
			 912 of these rules, the provider
			 will: (3-28-23)
i. Only retain prepaid room
			 and board funds prorated to the last day of the notice period terminating the
			 admissions agreement as specified in the agreement, or upon the resident moving
			 from the home, whichever is later; (3-28-23)
ii. Immediately return all remaining resident
			 funds to the resident or to the resident's representative as specified in the
			 admission agreement under Section
			 260 of these rules; and
			 (3-28-23)
iii. Only use the
			 resident's funds for that resident's expenses until a new payee is appointed.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.300 - SHORT-TERM CARE AND SUPERVISION

Current through August 31, 2023
When the provider is temporarily unavailable to provide care or
				supervision to the resident, the provider may designate another adult to
				provide care and supervision, or only supervision to the resident. The provider
				must assure that this short-term arrangement meets the needs of the resident
				and protects the resident from harm. (3-28-23)
01.
Alternate Care
. Means
			 services to the resident at another CFH. An alternate caregiver operating the
			 other CFH ensures care and supervision are provided to the resident under the
			 resident's original plan of service and admission agreement. The following
			 applies to an alternate care placement: (3-28-23)
a. The Department must approve an alternate
			 care placement using the process under Section
			 260 of these rules. The alternate
			 caregiver must: (3-28-23)
i. Not exceed the
			 number of residents for which the home is certified to provide care;
			 (3-28-23)
ii. Comply with Section
			 140 of these rules when the
			 resident receiving alternate care will be the third or fourth resident in the
			 alternate caregiver's home; and (3-28-23)
iii. Comply with Section
			 130 of these rules when the
			 resident receiving alternate care requires nursing facility level of care and
			 any other resident in the alternate caregiver's home requires nursing facility
			 level of care. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.400 - MEDICATION POLICY

Current through August 31, 2023
The provider must possess and implement written medication
				policies and procedures that describe in detail how staff will ensure
				appropriate assistance with and handling of and safeguarding of medications.
				These policies and procedures must be maintained in the home and include the
				following: (3-28-23)
01.
Following Orders
. Assistance given by staff will only be as directed by
			 the resident's healthcare professionals. (3-28-23)
02.
Evidence of Orders
. Evidence
			 of each resident's orders will be maintained in the home, regardless of whether
			 the resident is able to self-administer, and may consist of the following:
			 (3-28-23)
a. Written prescriptions from the
			 healthcare professional for the medication, including the dosage;
			 (3-28-23)
b. Medisets or sealed
			 blister medication cards filled and appropriately labeled by a pharmacist or
			 licensed nurse with the names of the medications, dosages, times to be taken,
			 routes of administration, and any special instructions; (3-28-23)
c. An original prescription bottle labeled by
			 a pharmacist describing the order and instructions for use; or
			 (3-28-23)
d. If the medication,
			 supplement, or treatment is without a prescription, it will be listed among
			 over-the-counter medications approved by the resident's healthcare professional
			 as indicated by a signed statement. Over-the-counter medications will be given
			 as directed on the packaging. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.401 - SELF-ADMINISTRATION OF MEDICATION

Current through August 31, 2023
Prior to giving the resident responsibility for administering
				medications without assistance, the provider must ensure the following:
				(3-28-23)
01.
Approval
.
			 The provider has obtained written approval from the resident's healthcare
			 professional stating that the resident is capable of safe self-administration;
			 otherwise, staff will comply with Section
			 402 of these rules.
			 (3-28-23)
02.
Evaluation
. The resident's record includes documentation that the
			 resident's healthcare professional has evaluated the resident's ability to
			 safely self-administer medication. The evaluation must include verification of
			 the following: (3-28-23)
a. The resident
			 understands the purpose of each medication; (3-28-23)
b. The resident is oriented to time and place
			 and knows the appropriate dosage and times to take the medication;
			 (3-28-23)
c. The resident
			 understands the expected effects, adverse reactions, or side effects, and knows
			 what actions to take in case of an emergency; and (3-28-23)
d. The resident can take the medication
			 without assistance or reminders from staff. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.402 - ASSISTANCE WITH MEDICATION

Current through August 31, 2023
The provider must offer assistance with medications to
				residents who need assistance. Prior to staff assisting residents with
				medication, the provider must ensure the following conditions are in place:
				(3-28-23)
01.
Condition of the
			 Resident
. The resident's health condition is stable. (3-28-23)
02.
Nursing Assessment
. The
			 resident's health status does not require nursing assessment before receiving
			 the medication nor nursing assessment of the therapeutic or side effects after
			 the medication is taken, unless the staff assisting with medications is a
			 healthcare professional operating within the scope of their license.
			 (3-28-23)
03.
Containers
. The medication is in the original pharmacy-dispensed
			 container with its proper label and directions or in an original
			 over-the-counter container or in a Mediset, blister pack, or similar
			 organizational system. When a Mediset, blister pack, or similar system is used,
			 staff will comply with the following. (3-28-23)
a. The system contains easily identifiable
			 dates and times for medication dispensing; (3-28-23)
b. The system is filled according to the
			 schedule ordered by the resident's healthcare professional for each medication;
			 (3-28-23)
c. Unless filled by a
			 pharmacy or a licensed nurse, the system is filled not more than seven (7) days
			 prior to the scheduled medication dispensing date; (3-28-23)
d. Staff only dispense the specific
			 medication scheduled for dispensing and assist within twenty (20) minutes
			 before or after the specified time; (3-28-23)
e. The original medication container with its
			 proper label is maintained in the home until the medication it contained is
			 completely used or refused by the resident; and (3-28-23)
f. Any medication scheduled for dispensing
			 that the resident refuses or that is otherwise missed is immediately removed
			 from the system and disposed of at the earliest opportunity under Subsection
			 402.07 of this rule.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.500 - ENVIRONMENTAL SANITATION STANDARDS

Current through August 31, 2023
The provider is responsible for disease prevention and
				maintenance of sanitary conditions in the home and must ensure:
				(3-28-23)
01.
Water
			 Supply
. The water supply for the home is adequate, safe, and sanitary by
			 obtaining and keeping in the home evidence of the following: (3-28-23)
a. The home uses a public or municipal water
			 supply or a Department-approved private water supply; (3-28-23)
b. If water is from a private supply, water
			 samples are submitted to an accredited laboratory and show an absence of
			 bacterial contamination at least annually, or more frequently if deemed
			 necessary by the Department; and (3-28-23)
c. The home always has adequate water
			 pressure to meet sanitary requirements. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.600 - FIRE AND LIFE SAFETY STANDARDS

Current through August 31, 2023
Each home must meet the requirements of this rule and all other
				applicable requirements of local and state codes concerning fire and life
				safety. (3-28-23)
01.
General
			 Requirements
. The provider must ensure that: (3-28-23)
a. The home is structurally sound and
			 equipped and maintained to assure the safety of residents. (3-28-23)
b. When natural or man-made hazards are
			 present, suitable fences, guards, or railings are in place to protect the
			 resident according to the resident's needs as documented in the plan of
			 service. (3-28-23)
c. The exterior
			 and interior of the home are kept free from the accumulation of weeds, trash,
			 debris, rubbish, and clutter. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.701 - MANUFACTURED AND MODULAR HOMES

Current through August 31, 2023
01.
Approved
			 Homes
. A residential modular or manufactured building approved by the
			 Idaho Division of Building Safety (DBS) or U.S. Department of Housing and Urban
			 Development (HUD) may be approved for use as a CFH when the home meets the
			 following: (3-28-23)
a. The manufactured or
			 modular home meets the HUD or DBS requirements under state and federal
			 regulations as of the date of manufacture; and (3-28-23)
b. The manufactured or modular home meets the
			 adopted standards and requirements of the local jurisdiction in which the home
			 is located. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.710 - SITE REQUIREMENTS

Current through August 31, 2023
The provider must ensure home and real property comply with the
				following: (3-28-23)
01.
Fire
			 District
. The home is located in a lawfully constituted fire district or
			 the provider holds an agreement with the nearest fire district that the fire
			 department will respond when not responding to other calls within their
			 district. (3-28-23)
02.
Accessible Road
. The home is always served by an all-weather road kept
			 open to motor vehicles all year. (3-28-23)
03.
Emergency Medical Services
.
			 The home is accessible to emergency medical services. (3-28-23)
04.
Accessible to Services
. The
			 home is accessible to necessary social, medical, and rehabilitation services.
			 (3-28-23)
05.
House
			 Number
. The house number is prominently displayed and plainly visible
			 from the street. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.900 - EMERGENCY POWERS OF THE DIRECTOR

Current through August 31, 2023
When an emergency endangers the life or safety of a resident,
				the Director may summarily suspend or revoke any CFH certificate. As soon
				thereafter as practical, the Director will provide an opportunity for a hearing
				under IDAPA 16.05.03, "Contested Case Proceedings and Declaratory Rulings."
				(3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.901 - ENFORCEMENT PROCESS

Current through August 31, 2023
If the Department finds that the provider does not meet, or did
				not meet, a rule or statute governing CFHs, it may impose a remedy,
				independently or in conjunction with others, subject to these rules for notice
				and appeal. (3-28-23)
01.
Determination of Remedy
. In determining which enforcement remedy(s) to
			 impose, if any, the Department will consider the provider's compliance history,
			 complaints, and the number, scope, and severity of the deficiencies. Subject to
			 these considerations, the Department may impose any of the remedies listed
			 under Sections 909 through
			 915 of these rules.
			 (3-28-23)
02.
Notice of
			 Enforcement Remedy
. The Department will give the provider written notice
			 of any enforcement remedy it imposes. The notice will be mailed immediately by
			 certified mail or delivered by personal service upon the Department's decision.
			 The notice will include the decision, the reason for the Department's decision,
			 and how the provider may appeal the decision under IDAPA 16.05.03, "Contested
			 Case Proceedings and Declaratory Rulings." (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.902 - FAILURE TO COMPLY

Current through August 31, 2023
The Department may impose any of the enforcement remedies under
				Sections 909 through
				913 of these rules when it
				determines any of the following conditions exist: (3-28-23)
01.
Out of Compliance
. The
			 provider has not complied with any part of the CFH requirements within thirty
			 (30) days of being notified by the Department in writing that the CFH is out of
			 compliance with that requirement. (3-28-23)
02.
Lack of Progress
. The
			 provider has made little or no progress in correcting deficiencies within
			 thirty (30) days from the date the Department accepted the provider's plan of
			 correction. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.903 - REPEATED NONCOMPLIANCE

Current through August 31, 2023
When the Department determines that a provider has repeated
				noncompliance with any of the CFH requirements, it may impose any of the
				enforcement remedies under Sections
				909 through
				913 of these rules.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.909 - ENFORCEMENT REMEDY OF PROVISIONAL CERTIFICATION

Current through August 31, 2023
When the Department finds that the provider is unable or
				unwilling to meet a CFH requirement because of conditions that are not
				anticipated to continue beyond six (6) months and do not jeopardize the health
				or safety of the residents, the Department may impose provisional certification
				upon the provider. (3-28-23)
01.
Conditions of Provisional Certification
. The Department, at its
			 discretion, may impose conditions upon the provider in conjunction with
			 provisional certification, which conditions will be included with the notice of
			 provisional certification, if so imposed. Conditions are imposed to ensure the
			 provider achieves compliance with the CFH requirements and to aid the
			 Department in monitoring the provider's performance during the provisional
			 certification period. (3-28-23)
02.
Certification or Revocation
. The Department, upon review of the
			 provider's performance during the provisional certification period, may issue a
			 full certificate to the provider when the Department finds that the provider
			 has achieved compliance with the CFH requirements, or revoke the provider's
			 certificate if the provider failed to comply. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.910 - ENFORCEMENT REMEDY OF BAN ON ALL ADMISSIONS

Current through August 31, 2023
All admissions to the home are banned pending satisfactory
				correction of all deficiencies. The ban remains in effect until the Department
				determines that the provider has achieved full compliance with all CFH
				requirements or until a substitute remedy is imposed. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.911 - ENFORCEMENT REMEDY OF BAN ON ADMISSIONS OF RESIDENT WITH SPECIFIC DIAGNOSIS

Current through August 31, 2023
Any admission to the home of a prospective resident with a
				specific diagnosis may be banned when the Department has determined the
				provider lacks the skill or ability to provide adequate care to such a resident
				under Section 170 of these
				rules. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.912 - ENFORCEMENT REMEDY OF SUMMARY SUSPENSION AND TRANSFER OF RESIDENT

Current through August 31, 2023
The Department may summarily suspend the provider's certificate
				and transfer the resident when convinced by a preponderance of the evidence
				that the resident's health and safety are in immediate jeopardy. In such a
				transfer, the provider must: (3-28-23)
01.
Return Resident's
			 Possessions
. Comply with Subsection
			 261.03 of these rules; and
			 (3-28-23)
02.
Refund Prepaid
			 Charges
. Refund to the resident a prorated amount restoring prepaid
			 charges for room, board, and care for the month within fourteen (14) calendar
			 days of the Department's notice of summary suspension. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.913 - ENFORCEMENT REMEDY OF REVOCATION OF CERTIFICATE

Current through August 31, 2023
01.
Revocation of the Certificate
. The Department may institute a
			 revocation action when persuaded by a preponderance of the evidence that the
			 provider is not in compliance with the CFH requirements. (3-28-23)
02.
Additional Causes for
			 Revocation
. The Department may also revoke any certificate for any of
			 the following causes: (3-28-23)
a. The
			 provider willfully misrepresented or omitted any of the following: (3-28-23)
i. Information pertaining to the continuing
			 certification of the CFH; or (3-28-23)
ii. Information pertaining to an
			 investigation that obstructs the certifying agent's collection of evidence.
			 (3-28-23)