reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.19 - CERTIFIED FAMILY HOMES › Section 16.03.19.915 - TRANSFER OF RESIDENT

Current through August 31, 2023
The Department may require transfer of a resident from a CFH to
				an alternative placement on the following grounds: (3-28-23)
01.
Violation of Laws or Rules
.
			 As a result of a violation of a provision of the CFH requirements, the provider
			 is unable or unwilling to provide an adequate level of meals, lodging, personal
			 assistance, or supervision to the resident; or (3-28-23)
02.
Violation of Resident's
			 Rights
. As a result of a violation of the resident's rights under
			 Section 393516,
			 Idaho Code, or Section
			 200 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 16.03.19.950 - RIGHT TO SELL

Current through August 31, 2023
Nothing contained in these rules limits the right of any
				homeowner to sell, lease, mortgage, or close any CFH under applicable laws.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › Section 16.03.21.000 - LEGAL AUTHORITY

Current through August 31, 2023
Section
				39-4605, Idaho Code, authorizes
				the Idaho Board of Health and Welfare to adopt rules and standards of
				certification for Developmental Disabilities Agencies to promote the health and
				safety of participants. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › Section 16.03.21.001 - SCOPE

Current through August 31, 2023
These rules govern: (3-17-22)
01.
Certification
. The granting,
			 denial, or revocation of certification is based on whether agencies are
			 adequate for the health, safety, and the care, treatment, maintenance,
			 training, and support of participants under these rules. (3-17-22)
02.
Application
. Any person,
			 corporation, or association may apply to the Department for approval and
			 certification of the applicant's DDA. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › Section 16.03.21.009 - CRIMINAL HISTORY AND BACKGROUND CHECK REQUIREMENTS

Current through August 31, 2023
01.
Verification of Compliance
.
			 The agency must verify that all employees, subcontractors, agents of the
			 agency, and volunteers delivering DDA services have complied with IDAPA
			 16.05.06, "Criminal History and Background Checks." (3-17-22)
02.
Reporting Criminal Convictions,
			 Pending Investigations, or Pending Charges
. Once an employee,
			 subcontractor, agent of the agency, or volunteer delivering DDA services has
			 received a criminal history clearance, any additional criminal convictions,
			 pending investigations, or pending charges must be reported to the Department
			 as listed in IDAPA 16.05.06, "Criminal History and Background Checks,"
			 Subsections 210.01 and
			 02 by the close of the next business
			 day when the agency learns of the convictions, investigations, or changes.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › Section 16.03.21.010 - DEFINITIONS - A THROUGH Z

Current through August 31, 2023
For the purposes of this chapter of rules, the following terms
				apply. (3-17-22)
01.
ADA
. The "Americans with Disabilities Act Accessibility Guidelines,"
			 under 28 CFR Part 36 , Appendix A. (3-17-22)
02.
Center-Based Services
.
			 Services provided in a location under control of the agency through ownership
			 or lease agreement that meets requirements under Section
			 400 of these rules.
			 (3-17-22)
03.
Communicable
			 Disease
. A disease that may be transmitted from one (1) person or animal
			 to another person either by direct contact or through an intermediate host,
			 vector, inanimate object, or other means that may result in infection, illness,
			 disability, or death. (3-17-22)
04.
Deficiency
. A determination of non-compliance with a specific rule
			 or part of rule. (3-17-22)
05.
Department
. The Idaho Department of Health and Welfare.
			 (3-17-22)
06.
Developmental
			 Disability
. A developmental disability, defined in Section
			 66-402, Idaho Code.
			 (3-17-22)
07.
Developmental
			 Disability Agency (DDA)
. A business entity, also known as "agency," that
			 meets the definition of a developmental disabilities facility provided in
			 Section 39-4604(3), Idaho
			 Code, that is certified by the Department to provide services to individuals
			 with developmental disabilities under these rules. (3-17-22)
08.
Health Care Professional
. An
			 individual licensed to provide health care within their respective discipline
			 and scope of practice. (3-17-22)
09.
Implementation Plan
. A plan
			 that details how goals from the plan of service will be accomplished.
			 (3-17-22)
10.
Natural
			 Setting
. The environment where an activity or behavior naturally occurs
			 that is typical for peers of the participant's age, such as the home and
			 community, where the participant lives or participates in activities, and in
			 the service environment indicated. (3-17-22)
11.
Participant
. An individual
			 receiving services through a DDA. (3-17-22)
12.
Plan of Service
. An initial
			 annual plan, or addendum that identifies all services, supports, or both, if
			 applicable. (3-17-22)
13.
Repeat Deficiency
. A violation or deficiency found on a resurvey or
			 revisit to a DDA that was also found during the previous survey or visit.
			 (3-17-22)
14.
Survey
.
			 A review conducted by the Department to determine compliance with statutes and
			 rules. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › SERVICES PROVIDED BY DEVELOPMENTAL DISABILITIES AGENCIES › Section 16.03.21.075 - DDA SERVICES

Current through August 31, 2023
A DDA provides services that include evaluation, diagnostics,
				  skill development, intervention, and support services that are provided in the
				  community, home, or center to individuals eligible to receive services.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › CERTIFICATION REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES AGENCIES › Section 16.03.21.100 - TYPES OF CERTIFICATES ISSUED

Current through August 31, 2023
The Department issues certificates in effect for a period no
				  longer than three (3) years. The types of certificates issued are as follows:
				  (3-17-22)
01.
Initial
				Certificate
. When the Department determines application requirements
				have been met, an initial certificate is issued for a period of up to six (6)
				months from the initiation of services. The Department will survey the agency
				prior to the certificate expiration date to ensure substantial compliance with
				these rules. When the agency is determined to be in substantial compliance, a
				one (1) year certificate will be granted. (3-17-22)
02.
One-Year Certificate
. A one
				(1) year certificate is issued by the Department when it determines the agency
				is in substantial compliance with these rules, following an initial or
				provisional certificate, or when there may be areas of deficient practice that
				would impact the agency's ability to provide adequate care. An agency is
				prohibited from receiving consecutive one (1) year certificates.
				(3-17-22)
03.
Three-Year
				Certificate
. A three (3) year certificate is issued by the Department
				when it determines the agency requesting certification is in substantial
				compliance with these rules. (3-17-22)
04.
Provisional Certificate
.
				When an agency is found to be out of substantial compliance with these rules
				but does not have deficiencies that jeopardize the health or safety of
				participants, a provisional certificate may be issued by the Department for up
				to a six (6) month period. (3-17-22)
a. A
				provisional certificate is issued contingent upon the correction of
				deficiencies under a plan developed by the agency and approved by the
				Department. (3-17-22)
b. Before the
				end of the provisional certification period, the Department will determine
				whether areas of concern have been corrected and whether the agency is in
				substantial compliance with these rules. (3-17-22)
c. If the Department determines the agency is
				in compliance, a one (1) year certificate will be issued. If the agency is
				determined to be out of compliance, the certificate will be revoked.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › CERTIFICATION REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES AGENCIES › Section 16.03.21.110 - DEPARTMENT'S WRITTEN DECISION REGARDING APPLICATION FOR CERTIFICATION

Current through August 31, 2023
The Department will provide to the agency, within thirty (30)
				  days of the date the completed application packet is received, a written
				  decision regarding certification. An application is considered completed when
				  all required documents are received and comply with these rules.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › CERTIFICATION REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES AGENCIES › Section 16.03.21.111 - DENIAL OF AN APPLICATION

Current through August 31, 2023
The Department may deny any application. (3-17-22)
01.
Causes for Denial
. Causes
				for denial of an application may include: (3-17-22)
a. The application does not meet rule
				requirements in Subsection
				101.04 of these rules;
				(3-17-22)
b. The applicant, owner,
				operator, or provider has: (3-17-22)
i.
				Willfully misrepresented or omitted information on the application or other
				documents pertinent to obtaining a certificate; (3-17-22)
ii. Been denied or has had revoked any
				license or certificate for a DDA, facility, certified family home, or
				residential habilitation agency; or (3-17-22)
iii. Been convicted of operating an
				unlicensed or uncertified DDA, facility, certified family home, or residential
				habilitation agency; (3-17-22)
iv.
				A court order that mandates the applicant must not operate a DDA, facility,
				certified family home, or residential habilitation agency; (3-17-22)
v. An action, either current or in process,
				against a certificate held by the applicant either in Idaho or any other state
				or jurisdiction. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › CERTIFICATION REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES AGENCIES › Section 16.03.21.115 - CHANGES THAT REQUIRE REPORTING

Current through August 31, 2023
01.
Notification To The Department
. (3-17-22)
a. When a change of a certified agency's
				ownership, administrator, geographic service area, or address is contemplated,
				the owner or designee must notify the Division of Licensing and Certification
				in writing through the Department-approved process.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › CERTIFICATION REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES AGENCIES › Section 16.03.21.116 - CERTIFICATE NOT TRANSFERABLE

Current through August 31, 2023
The certificate is issued only to the agency named in the
				  application, for the period specified, and for the location indicated in the
				  application, and to the owners or operators as expressed on the application
				  submitted to the Department. The certificate may not be transferred or assigned
				  to any other person or entity. The certificate is nontransferable from one (1)
				  location to another. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › CERTIFICATION REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES AGENCIES › Section 16.03.21.117 - RESTRICTION ON CERTIFICATION

Current through August 31, 2023
A business entity established by a parent for the sole
				  purpose of providing DDA services to their own child cannot be certified as a
				  DDA. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › CERTIFICATION REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES AGENCIES › Section 16.03.21.118 - AVAILABILITY OF CERTIFICATE

Current through August 31, 2023
The certificate must be posted in a conspicuous location in
				  the DDA where it may be seen readily by the participants and members of the
				  public. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › CERTIFICATION REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES AGENCIES › Section 16.03.21.119 - AGENCIES APPROVED THROUGH NATIONAL ACCREDITATION

Current through August 31, 2023
Agencies approved by national accrediting bodies must
				  maintain Department certification requirements in the following:
				  (3-17-22)
01.
The Current
				Accreditation Verification or Report
. (3-17-22)
02.
Criminal History Background Check
				Requirements
. See Section
				009 of these rules;
				(3-17-22)
03.
Personnel
				Records
. See Subsection
				301.04 of these rules;
				(3-17-22)
04.
General
				Training Requirements
. See Section
				302 of these rules; and
				(3-17-22)
05.
Facility
				Standards for Agencies Providing Center-Based Services
. See Section
				400 of these rules.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › CERTIFICATION REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES AGENCIES › Section 16.03.21.120 - RENEWAL AND EXPIRATION OF THE CERTIFICATE

Current through August 31, 2023
01.
Renewal Request
. An agency must request renewal of its certificate
				no less than ninety (90) days before the expiration date of the certificate, to
				ensure there is no lapse in certification. (3-17-22)
02.
Expiration Without Timely Request
				for Renewal
. Expiration of a certificate without a timely request for
				renewal automatically rescinds the agency's certificate to deliver services
				under these rules. If an agency's certificate is rescinded, a new application
				for certification must be submitted to deliver services under these rules.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › GENERAL AGENCY QUALIFICATIONS AND REQUIREMENTS › Section 16.03.21.300 - GENERAL STAFFING REQUIREMENTS FOR AGENCIES

Current through August 31, 2023
Each DDA is accountable for all operations, policy,
				  procedures, and service elements of the agency. (3-17-22)
01.
Agency Administrator
				Qualifications
. The agency administrator must have two (2) years of
				supervisory experience with the population served in an administrative role. An
				administrator may designate a qualified individual to perform administrative
				functions on their behalf. (3-17-22)
02.
Agency Administrator Duties
.
				An agency administrator is accountable for the overall operations of the
				agency, including ensuring compliance with these rules, overseeing and managing
				personnel, developing and implementing written policies and procedures, and
				overseeing the agency's quality assurance program. (3-17-22)
03.
Supervisor Qualifications
.
				The agency must have documentation that ensures personnel acting in a
				supervisory capacity meets qualifications as required by the payer source for
				the service provided. The agency administrator and supervisor can be the same
				individual if the agency can meet requirements of each duty.
				(3-17-22)
04.
Supervisor
				Duties
. (3-17-22)
a. Complete or obtain
				participant assessments and plans according to the authorized plan of service.
				(3-17-22)
b. Provide personnel
				initial direction, procedural guidance, and monthly supervision of work
				performed to ensure programs are implemented as written and demonstrate the
				necessary skills to provide the services. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › GENERAL AGENCY QUALIFICATIONS AND REQUIREMENTS › Section 16.03.21.301 - AGENCY RECORD REQUIREMENTS

Current through August 31, 2023
01.
Accessibility of Agency Records
. The agency records required under these
				rules must be accessible to the Department during normal operations of the
				agency for the purpose of inspection and copying, with or without prior
				notification, under Section
				39-4605(4), Idaho
				Code. (3-17-22)
02.
General
				Record Requirements
. Each agency certified under these rules must
				maintain accurate, current, and complete administrative, personnel, and
				participant records for at least five (5) years. (3-17-22)
03.
Administrative Records
.
				Records must include: (3-17-22)
a. An
				organizational chart; (3-17-22)
b.
				Legal authority identified in organizational bylaws or other documentation of
				legal authority of ownership; and (3-17-22)
c. Fiscal records verifying service delivery
				prior to request for payment. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › GENERAL AGENCY QUALIFICATIONS AND REQUIREMENTS › Section 16.03.21.302 - GENERAL TRAINING REQUIREMENTS

Current through August 31, 2023
Each DDA must ensure that all training of staff is completed
				  as follows: (3-17-22)
01.
Initial and Annual Training
. Prior to working with participants and
				annually thereafter, direct service providers are to complete: (3-17-22)
a. Safety training to include location based
				structural and environmental risks, and natural disasters; (3-17-22)
b. Abuse, neglect, and exploitation training
				covering definitions and reporting requirements; (3-17-22)
c. Agency adopted ethical standards;
				(3-17-22)
d. Participant's rights,
				advocacy resources, and confidentiality; and (3-17-22)
e. For center-based services, fire training
				to include policies and procedures, fire drills, and emergency evacuation
				plans. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › FACILITY, SAFETY, AND HEALTH STANDARDS › Section 16.03.21.401 - SETTING REQUIREMENTS

Current through August 31, 2023
The service setting must meet the needs of the participant as
				  follows: (3-17-22)
01.
Accessibility
. Be accessible, safe, and appropriate. (3-17-22)
02.
Environment
. Be assessed to
				meet the needs of each participant including factors such as sufficient space,
				equipment, lighting, and noise control. (3-17-22)
03.
Promote Inclusion.
Promote
				the participant's inclusion in the natural setting. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › FACILITY, SAFETY, AND HEALTH STANDARDS › Section 16.03.21.402 - TRANSPORTATION POLICY

Current through August 31, 2023
Each agency must develop and implement transportation
				  policies that include the following: (3-17-22)
01.
Preventative Maintenance
				Program
. Establish a preventive maintenance program for each
				agency-owned or leased vehicle, including vehicle inspections and other regular
				maintenance to ensure participant safety. (3-17-22)
02.
Adequate Staffing
. Ensure
				adequate staffing for participants who require additional supervision during
				transportation for the safety of all vehicle occupants. (3-17-22)
03.
Licenses, Certifications, and
				Insurance for Drivers and Vehicles
. Ensure adequate insurance coverage
				to protect the individuals utilizing agency transportation. This may include
				commercial vehicle insurance and employee vehicle insurance coverage. Obtain
				and maintain licenses, certifications, and insurance for drivers and vehicles
				required by public transportation laws, regulations, and ordinances.
				(3-17-22)
04.
Laws, Rules,
				and Regulations
. Adhere to all laws, rules, and regulations applicable
				to drivers and types of vehicles used. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › FACILITY, SAFETY, AND HEALTH STANDARDS › Section 16.03.21.403 - HEALTH POLICY

Current through August 31, 2023
Each DDA must develop and implement policies and procedures
				  that: (3-17-22)
01.
Ensure
				Personnel are Disease-Free
. Describe how the agency will ensure that
				personnel are free from communicable disease; (3-17-22)
02.
Protect Participants
.
				Describe how the agency will protect participants from exposure to individuals
				exhibiting symptoms of illness. (3-17-22)
03.
Medication Standards
.
				Implement medication requirements under Section
				405 of these rules.
				(3-17-22)
04.
Address Needs
				of Participants
. Address any special medical or health care needs of
				participants as relevant to service delivery. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › FACILITY, SAFETY, AND HEALTH STANDARDS › Section 16.03.21.404 - AGENCY REPORTING POLICY

Current through August 31, 2023
Each agency must develop and implement written policies and
				  procedures outlining how the agency will document reporting and other
				  communications for the following requirements: (3-17-22)
01.
Incident Reports
. Document
				all participant incidents that occur during service delivery and affect the
				ability to participate in services. Each report will document that the
				participant's legal guardian has been notified within twenty-four (24) hours. A
				documented review by the agency of all incident reports will be completed at
				least annually with written recommendations and retained by the agency for five
				(5) years. (3-17-22)
02.
Reporting Requirements
. Any agency employee, contractor, or volunteer
				will report all suspected incidents and allegations of mistreatment, abuse,
				neglect, or exploitation to the administrator, adult or child protection
				authorities, or law enforcement under Sections
				39-5303 and
				16-1605, Idaho Code. The agency
				will protect the participant from the possibility of abuse during services
				while the investigation is in progress. The administrator will ensure the
				events and the agency response to the events are documented in the participant
				record. (3-17-22)
03.
Reporting Incidents to the Department
. Through a
				Department-approved process, the agency administrator or designee must notify
				the Division of Licensing and Certification by the close of the next business
				day of any significant incidents that occur to the participant during service
				hours including: (3-17-22)
a. Death;
				(3-17-22)
b. Hospitalization;
				(3-17-22)
c. Participant's arrest
				or incarceration; or (3-17-22)
d.
				When staff actions result in a report to protective or legal authorities.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › FACILITY, SAFETY, AND HEALTH STANDARDS › Section 16.03.21.405 - MEDICATION POLICY

Current through August 31, 2023
Each agency must develop and implement written medication
				  policies and procedures that outline in detail how the agency will ensure
				  appropriate handling and safeguarding of medications. If the agency chooses to
				  assist participants with medications, the agency must also develop and
				  implement specific policies and procedures to ensure assistance is safe and
				  delivered by qualified, fully-trained personnel. (3-17-22)
01.
Handling of Participant's
				Medication
. The agency must: (3-17-22)
a. Maintain that medication is in the
				original pharmacy-dispensed container, original over-the- counter container, or
				placed in a unit container (by a licensed nurse) appropriately labeled with the
				name of the medication, dosage, time to be taken, route of administration, and
				any special instructions. Each medication will be packaged separately, unless
				in a Mediset, blister pack, or similar system. (3-17-22)
b. Maintain evidence of the written or verbal
				order for the medication from the health care professional in the participant's
				record. Medisets filled and labeled by a pharmacist or licensed nurse can serve
				as written evidence of the order. An original prescription bottle labeled by a
				pharmacist describing the order and instructions for use can also serve as
				written evidence of an order from the health care professional.
				(3-17-22)
c. Be responsible to
				safeguard the participant's medications while the participant is at the agency
				or in the community. (3-17-22)
d.
				Not retain medications that are no longer used by the participant for longer
				than thirty (30) calendar days. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › FACILITY, SAFETY, AND HEALTH STANDARDS › Section 16.03.21.406 - GRIEVANCE POLICY

Current through August 31, 2023
Each DDA must develop and implement written grievance
				  policies and procedures that outline in detail the agency's grievance policy.
				  The policy must include how the agency will ensure participant and guardian are
				  aware of the process, how to file a grievance, and receive a response from the
				  agency in fourteen (14) days or less. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › QUALITY ASSURANCE, PARTICIPANT RIGHTS, REQUIRED POLICIES, ETC › Section 16.03.21.500 - REQUIREMENTS FOR AN AGENCY'S QUALITY ASSURANCE PROGRAM

Current through August 31, 2023
Each agency must develop and implement a quality assurance
				  program that identifies any corrections needed, a time frame for those
				  corrections, and ensures the following: (3-17-22)
01.
Measurable Outcomes
.
				Produces high quality services that maintain interests, needs, and current
				standards of practice consistent with individual choices. This includes:
				(3-17-22)
a. Review of participant records,
				for content and effectiveness of programs; and (3-17-22)
b. A method for gathering and assessing
				participant satisfaction; (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › QUALITY ASSURANCE, PARTICIPANT RIGHTS, REQUIRED POLICIES, ETC › Section 16.03.21.505 - PARTICIPANT RIGHTS

Current through August 31, 2023
Each agency must ensure the rights provided under Section
				  66-412, Idaho Code, as well as the
				  additional rights listed below for each participant receiving DDA services.
				  (3-17-22)
01.
Participant Rights
				Provided Under Idaho Code
. Provide the following rights for
				participants: (3-17-22)
a. Humane care and
				treatment; (3-17-22)
b. Not be put
				in isolation; (3-17-22)
c. Be free
				of restraints, unless necessary for the safety of that individual or for the
				safety of others; (3-17-22)
d. Be
				free of mental and physical abuse; (3-17-22)
e. Voice grievances and recommend changes in
				policies or services being offered; (3-17-22)
f. Practice their own religion;
				(3-17-22)
g. Wear their own
				clothing and retain and use personal possessions; (3-17-22)
h. Be informed of their medical and
				habilitative condition, of services available at the agency, and the charges
				for the services; (3-17-22)
i.
				Reasonable access to all records concerning themselves; (3-17-22)
j. Refuse services; (3-17-22)
k. Exercise all civil and all other rights
				established by law, unless limited by prior court order; (3-17-22)
l. Privacy and confidentiality;
				(3-17-22)
m. Receive a response
				from the agency to any request made within fourteen (14) business days;
				(3-17-22)
n. Receive services that
				enhance the participant's social image, personal competencies, and whenever
				possible, promote inclusion in the community; (3-17-22)
o. Refuse to perform services for the agency.
				If the participant is hired to perform services for the agency the wage paid
				must be consistent with state and federal law; and (3-17-22)
p. Review the results of the most recent
				survey conducted by the Department and the accompanying plan of correction.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › QUALITY ASSURANCE, PARTICIPANT RIGHTS, REQUIRED POLICIES, ETC › Section 16.03.21.510 - POLICIES AND PROCEDURES REGARDING DEVELOPMENT OF RESTRICTIVE INTERVENTIONS

Current through August 31, 2023
Each agency must develop and implement written policies and
				  procedures that address restrictive interventions to include the following:
				  (3-17-22)
01.
Protected
				Rights
. Ensure the safety, welfare, and human and civil rights of
				participants are adequately protected. (3-17-22)
02.
Appropriate Use of
				Interventions
. Ensure interventions used to manage participants'
				maladaptive behavior are never used: (3-17-22)
a. For disciplinary purposes;
				(3-17-22)
b. For the convenience of
				personnel; (3-17-22)
c. As a
				substitute for a needed training program; or (3-17-22)
d. By untrained or unqualified personnel.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › RULE ENFORCEMENT PROCESS AND REMEDIES › Section 16.03.21.600 - ENFORCEMENT PROCESS

Current through August 31, 2023
The Department may impose a remedy when it determines an
				  agency has not met the requirements in these rules. (3-17-22)
01.
Determination of Remedy
. In
				determining which remedy to impose, the Department will consider the agency's
				compliance history, change of ownership, the number of deficiencies, the scope
				and severity of the deficiencies, and the potential risk to participants.
				Subject to these considerations, any one or combination of the following
				remedies, is subject under these rules for notice and appeal: (3-17-22)
a. Require the agency to submit a plan of
				correction approved in writing by the Department; (3-17-22)
b. Issue a provisional certificate with a
				specific date for correcting deficient practices; (3-17-22)
c. Ban enrollment of all participants with
				specified diagnoses; (3-17-22)
d.
				Ban any new enrollment of participants; (3-17-22)
e. Summarily suspend the certificate and
				transfer participants; or (3-17-22)
f. Revoke the agency's certificate.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › RULE ENFORCEMENT PROCESS AND REMEDIES › Section 16.03.21.601 - REVOCATION OF CERTIFICATE

Current through August 31, 2023
01.
Revocation of the Agency's Certificate
. The Department may revoke a
				agency's certificate when persuaded by the preponderance of the evidence that
				the agency is not in substantial compliance with the requirements in these
				rules. The certificate is the property of the state and must be returned to the
				state if it is revoked or suspended. (3-17-22)
02.
Causes for Revocation of the
				Certificate
. The Department may revoke any agency's certificate for any
				of the following causes: (3-17-22)
a. The
				certificate holder has willfully misrepresented or omitted information on the
				application for certification or other documents pertinent to obtaining a
				certificate; (3-17-22)
b.
				Conditions exist in the agency that endanger the health or safety of any
				participant; (3-17-22)
c. Any act
				adversely affecting the welfare of participants is being permitted, performed,
				or aided and abetted by the person(s) supervising the provision of services in
				the agency. Such acts include neglect, physical abuse, mental abuse, emotional
				abuse, violation of civil rights, or exploitation; (3-17-22)
d. The provider has demonstrated or exhibited
				a lack of sound judgment that jeopardizes the health, safety, or well-being of
				participants; (3-17-22)
e. The
				agency has failed to comply with any of the conditions of a provisional
				certificate; (3-17-22)
f. The
				agency has one (1) or more major deficiencies. A major deficiency is a
				deficiency that endangers the health, safety, or welfare of any participant;
				(3-17-22)
g. An accumulation of
				minor deficiencies that, when considered as a whole, indicate the agency is not
				in substantial compliance with these rules; (3-17-22)
h. Repeat deficiencies by the agency of any
				requirement of these rules or of the Idaho Code; (3-17-22)
i. The agency lacks adequate personnel, as
				required by these rules or as directed by the Department, to properly care for
				the number and type of participants served at the agency; (3-17-22)
j. The agency is not in substantial
				compliance with the provisions for services required in these rules or with the
				participants' rights under Section
				505 of these rules;
				(3-17-22)
k. The certificate holder
				refuses to allow the Department or protection and advocacy agencies full access
				to the agency environment, agency records, or the participants.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA) › RULE ENFORCEMENT PROCESS AND REMEDIES › Section 16.03.21.602 - NOTICE OF ENFORCEMENT REMEDY

Current through August 31, 2023
The Department will notify the following of the imposition of
				  any enforcement remedy on a agency: (3-17-22)
01.
Notice to Agency
. The
				Department will notify the agency in writing, transmitted in a manner that will
				reasonably ensure timely receipt. (3-17-22)
02.
Notice to Public
. The
				Department will notify the public by sending the agency printed notices to
				post. The agency must post all the notices on the premises of the agency in
				plain sight in public areas where they will readily be seen by participants and
				their representatives, including exits and common areas and with the notices
				remaining in place until all enforcement remedies have been officially removed
				by the Department. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Board of Health and Welfare is authorized under
				Sections 39-3305 and
				39-3358, Idaho Code, to adopt and
				enforce rules to protect the health, safety, and individual rights for
				residents in residential assisted living facilities. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.001 - TITLE, SCOPE, AND RESPONSIBILITIES

Current through August 31, 2023
01.
Title
. The title of this chapter of rules is IDAPA 16.03.22,
			 "Residential Assisted Living Facilities." (3-15-22)
02.
Scope
. The purpose of a
			 residential assisted living facility is to provide choice, dignity, and
			 independence to residents while maintaining a safe, humane, and home-like
			 living arrangement for individuals needing assistance with daily activities and
			 personal care. These rules set standards for providing services that maintain a
			 safe and healthy environment. (3-15-22)
03.
General Provider
			 Responsibilities
. The facility must ensure quality services by providing
			 choices, dignity, and independence to residents. The facility must have an
			 administrator and staff who have the knowledge and experience required to
			 provide safe and appropriate services to all residents of the facility. The
			 facility must be operated consistent with the rules and statutes as it conducts
			 its work. (3-15-22)
04.
General Department Responsibilities
. The Department is responsible for
			 monitoring and enforcing the provisions of the statute and this chapter to
			 protect residents in these facilities by providing information, education, and
			 evaluating providers to ensure compliance with statute and these rules. This
			 responsibility includes licensing facilities and monitoring the condition of
			 facilities. (3-15-22)
05.
Exemptions
. The provisions of these rules do not apply to any of the
			 following: (3-15-22)
a. The provisions of
			 these rules do not apply to hospitals, nursing facilities, intermediate care
			 facilities for persons with intellectual disabilities, or any other health
			 facility as defined by Title 39, Chapter 13, Idaho Code. (3-15-22)
b. The provisions of these rules do not apply
			 to any house, institution, hotel, congregate housing project, retirement home,
			 or other similar place that is limited to providing one (1) or more of the
			 following: housing, meals, transportation, housekeeping, or recreational and
			 social activities, or that have residents independently accessing supportive
			 services from an entity approved to provide such services in Idaho and holding
			 no legal ownership interest in the entity operating the facility.
			 (3-15-22)
c. The provisions of
			 these rules do not apply to any arrangement for the receiving and care of
			 persons by a relative, except when the caregiver is paid for the care through a
			 state or federal program, in which case the caregiver's relative and the care
			 setting must meet all applicable requirements. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.002 - WRITTEN INTERPRETATIONS

Current through August 31, 2023
This agency has written statements which pertain to the
				interpretations 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 on the program website
http://assistedliving.dhw.idaho.gov
.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.003 - ADMINISTRATIVE APPEALS AND CONTESTED CASES

Current through August 31, 2023
Administrative appeals and contested cases are governed by
				IDAPA 16.05.03, "Contested Case Proceedings and Declaratory Rulings."
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.004 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The documents referenced in this rule, are incorporated by
				reference as provided by Section
				67-5229(a), Idaho
				Code. These incorporated documents are available for public review upon request
				at the Department of Health and Welfare, 450 West State Street, Boise, Idaho
				83702, or when available online at the websites provided in these rules.
				(3-15-22)
01.
National Fire
			 Protection Association (NFPA) Documents
. (3-15-22)
a. National Fire Protection Association
			 (NFPA) Standard 101, The Life Safety Code, 2018 Edition, the occupancy chapters
			 and all mandatory referenced documents contained therein under "Mandatory
			 References." (3-15-22)
b. National
			 Fire Protection Association (NFPA) Standard 99, Health Care Facilities Code,
			 2018 Edition. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.009 - CRIMINAL HISTORY AND BACKGROUND CHECK REQUIREMENTS

Current through August 31, 2023
01.
Criminal History and Background
			 Check
. A residential assisted living facility must complete a criminal
			 history and background check on employees and contractors hired or contracted
			 with after October 1, 2005, who have direct resident access to residents in the
			 residential assisted living facility. The Department check conducted under
			 IDAPA 16.05.06, "Criminal History and Background Checks," satisfies this
			 requirement. Other criminal history and background checks may be acceptable
			 provided they meet the criteria in Subsection
			 009.02 of this rule and the
			 entity conducting the check issues written findings. The entity must provide a
			 copy of these written findings to both the facility and the employee.
			 (3-15-22)
02.
Scope of a
			 Criminal History and Background Check
. The criminal history and
			 background check must, at a minimum, be fingerprint-based and include a search
			 of the following record sources: (3-15-22)
a.
			 Federal Bureau of Investigation (FBI); (3-15-22)
b. Idaho State Police Bureau of Criminal
			 Identification; (3-15-22)
c. Sexual
			 Offender Registry; (3-15-22)
d.
			 Office of Inspector General List of Excluded Individuals and Entities; and
			 (3-15-22)
e. Nurse Aide Registry.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.012 - DEFINITIONS AND ABBREVIATIONS O THROUGH Z

Current through August 31, 2023
01.
Outside Services
. Services provided to a resident by someone that is not
			 a member of facility personnel. (3-15-22)
02.
Owner
. Any person or entity
			 having legal ownership of the facility as an operating business, regardless of
			 who owns the real property. (3-15-22)
03.
Personal Assistance
. The
			 provision by the staff of the facility of one (1) or more of the following
			 services: (3-15-22)
a. Assisting the resident
			 with activities of daily living; (3-15-22)
b. Arranging for outside services;
			 (3-15-22)
c. Being aware of the
			 resident's general whereabouts; or (3-15-22)
d. Monitoring the activities of the resident
			 while on the premises of the facility to ensure the resident's health, safety,
			 and well-being. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.050 - VARIANCES

Current through August 31, 2023
The Licensing Agency may grant a variance provided the
				following criteria are met. (3-15-22)
01.
Written Request
. A written
			 request for a variance must be sent to the Licensing Agency. The request must
			 include the following: (3-15-22)
a. Reference
			 to the rule for which the variance is requested; (3-15-22)
b. Reasons that show good cause why the
			 variance should be granted, the extenuating circumstances which caused the need
			 for the variance, any compensating factors or conditions that may have bearing
			 on the variance such as additional floor space or additional staffing; and
			 (3-15-22)
c. Written documentation
			 that ensures residents' health and safety will not be jeopardized if a variance
			 is granted. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.100 - LICENSING REQUIREMENTS

Current through August 31, 2023
01.
Current
			 License
. No person, firm, partnership, association, corporation, or
			 governmental unit can operate, establish, manage, conduct, or maintain a
			 residential assisted living facility in Idaho without a license issued by the
			 Department as required in Section
			 39-3340, Idaho Code. Any entity
			 found operating as a residential assisted living facility without a license is
			 subject to Section
			 39-3352, Idaho Code.
			 (3-15-22)
02.
Issuance of
			 License
. Upon completion of the application process requirements, the
			 Department will issue a residential assisted living facility license.
			 (3-15-22)
03.
Distinctive
			 Business Name
. Every facility must use a distinctive name, which is
			 registered with the Idaho Secretary of State. If a facility decides to change
			 its name, it will only be changed upon written notification to the Licensing
			 Agency confirming the registration of the name change with the Idaho Secretary
			 of State. This notification needs to be received by the Licensing Agency at
			 least thirty (30) calendar days prior to the date the proposed name change is
			 to be effective. (3-15-22)
04.
Administrator
. Each facility must have an administrator.
			 (3-15-22)
05.
Display of
			 Facility License
. The current facility license must be posted in the
			 facility and clearly visible to the general public. (3-15-22)
06.
Change in Corporate Shares
.
			 When there is a significant change in shares held by a corporate licensee of a
			 residential assisted living facility, which does not alter the overall
			 ownership or operation of the business, that change must be communicated to the
			 Licensing Agency within (60) days of the effective date of change.
			 (3-15-22)
07.
Licensee
			 Responsibility
. The licensee of the facility is responsible for the
			 operation of the residential assisted living facility, even when a separate
			 administrator is employed. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.105 - CHANGE OF OWNERSHIP

Current through August 31, 2023
01.
Non-Transfer of Facility License
. A facility license is not transferable
			 from one (1) individual to another, from one (1) business entity to another, or
			 from one (1) location to another. When a change of licensee, ownership, lease,
			 or location occurs, the facility must be re-licensed. The new licensee must
			 follow the application procedures, and obtain a license, before commencing
			 operation as a facility. (3-15-22)
02.
Application for Change of
			 Ownership
. The application for a change of ownership must be submitted
			 to the Licensing Agency at least ninety (90) days prior to the proposed date of
			 change. (3-15-22)
03.
Change
			 of Ownership for a Facility in Litigation
. An application for change of
			 ownership of a facility from a person who is in litigation for failure to meet
			 licensure standards, or who has had a license revoked, must include evidence
			 that there is a bona fide, arms-length agreement and relationship between the
			 two (2) parties. An entity purchasing a facility with an enforcement action
			 acquires the enforcement action. (3-15-22)