reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.02 - RULES GOVERNING ADULT PROTECTIVE SERVICES PROGRAMS › Section 15.01.02.000 - AUTHORITY

Current through August 31, 2023
Under authority of Sections  67-5003  and  39-5312, Idaho Code, the ICOA adopts the following rules. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.02 - RULES GOVERNING ADULT PROTECTIVE SERVICES PROGRAMS › Section 15.01.02.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 15.01.02, "Rules Governing Adult Protective Services Programs." (4-6-23)
02.
Scope
. These rules relate to the authority and responsibilities of Providers to administer adult protective services. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.02 - RULES GOVERNING ADULT PROTECTIVE SERVICES PROGRAMS › Section 15.01.02.010 - DEFINITIONS

Current through August 31, 2023
Any item not specifically defined below has the same meaning as those defined in Idaho Code Title 39 Chapter 53 "Adult Abuse, Neglect, and Exploitation Act" or IDAPA 15.01.01, "15.01.01, "Rules Governing Senior Services and Older Americans Act Programs." (4-6-23)
01.
Adult Protective Services (APS)
. The legal and bureaucratic systems and protections safeguarding vulnerable adults through investigations of reports alleging vulnerable adult maltreatment and arrangements for the provision of emergency or supportive, and preventative services necessary to reduce or eliminate risk of harm. (4-6-23)
02.
Provider
. An Area Agency on Aging or a person or entity capable of providing APS, including duly authorized agents and employees. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.02 - RULES GOVERNING ADULT PROTECTIVE SERVICES PROGRAMS › Section 15.01.02.020 - POLICY STATEMENT

Current through August 31, 2023
The ICOA is charged by statute to provide APS services to ensure the vulnerable adult population in Idaho is protected from vulnerable adult maltreatment. Protective services will be provided that are the least restrictive to personal freedom and ensure the maximum independence of individuals served. In protecting the vulnerable adult population, APS may also provide assistance to caregivers experiencing difficulties in maintaining or supporting a vulnerable adults. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.02 - RULES GOVERNING ADULT PROTECTIVE SERVICES PROGRAMS › Section 15.01.02.021 - ADMINISTRATIVE REQUIREMENTS

Current through August 31, 2023
In accordance with Section  67-5011, Idaho Code, the ICOA will administer APS through contracts with Area Agencies on Aging. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.02 - RULES GOVERNING ADULT PROTECTIVE SERVICES PROGRAMS › Section 15.01.02.022 - PROVISION OF SERVICE REQUIREMENTS

Current through August 31, 2023
In accordance with Section  67-5011, Idaho Code, each Provider assumes all responsibilities cited in Title 39, Chapter 53, Idaho Code. (4-6-23)
01.
Confidentiality
. All records relating to a vulnerable adult and held by a Provider are confidential and shall only be divulged as permitted pursuant to Idaho Code Sections  39-5307  and  39-5308  and Federal Law, whichever is more restrictive. (4-6-23)
02.
Contracts
. Each Provider must administer APS pursuant to contracts delineating the duties and obligations of the APS program. (4-6-23)
03.
Court Visitors
. Providers shall not serve as a court appointed visitor in a guardianship or conservatorship proceeding involving a proposed ward who is or has been the alleged victim in an APS investigation. (4-6-23)
04.
Direct Provision of Service
. Area Agencies on Aging will administer APS as a direct service or may subcontract the service to another Provider at the sole discretion of the Administrator. (4-6-23)
05.
Provider Guidance
: Provider guidance is developed, modified, and updated by the ICOA with input from appropriate stakeholder groups and approved by the Administrator. Guidance may be modified to adhere to state or federal law or regulations. Guidance may include manuals, training, standardized forms and assessment tools or other documentation as necessary. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.02 - RULES GOVERNING ADULT PROTECTIVE SERVICES PROGRAMS › Section 15.01.02.031 - INVESTIGATIVE REQUIREMENTS

Current through August 31, 2023
01.
Review of Allegations
. Upon receipt of an APS report of vulnerable adult maltreatment the Provider shall conduct a review of the allegations of such report to determine whether: (4-6-23)
a. The report was required to be made pursuant to Section  39-5303, Idaho Code; (4-6-23)
b. An emergency exists; and (4-6-23)
c. In cases involving resident-to-resident contact to determine whether the case involves the sexual abuse, death, or serious physical injury jeopardizing the life, health, or safety of a vulnerable adult, or involves repeated physical or verbal altercations between residents, not resulting in observable physical or mental injury, but constituting an ongoing pattern of resident behavior that a facility's staff is unable to remedy through reasonable efforts. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.03 - RULES GOVERNING THE OMBUDSMAN FOR THE ELDERLY PROGRAM › Section 15.01.03.000 - LEGAL AUTHORITY

Current through August 31, 2023
Under authority set forth in the OAA and Title 67, Chapter 50, Idaho Code, Section  67-5009, ICOA adopts the following rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.03 - RULES GOVERNING THE OMBUDSMAN FOR THE ELDERLY PROGRAM › Section 15.01.03.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 15.01.03, "Rules Governing the Ombudsman for the Elderly Program." (3-31-22)
02.
Scope
. These rules relate to the authority, responsibility, and designation of the ombudsman program. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.03 - RULES GOVERNING THE OMBUDSMAN FOR THE ELDERLY PROGRAM › Section 15.01.03.010 - DEFINITIONS

Current through August 31, 2023
Any item not specifically defined below has the same meaning as those defined in IDAPA 15.01.01, "Rules Governing Senior Services Program," and the Older Americans Act (OAA), Section  711, and Title 67, Chapter 50, Idaho Code. (3-31-22)
01.
Access
. Right to enter long-term care facility upon notification of person in charge. (3-31-22)
02.
Affected Parties
. Long-term care facilities, state or county departments or agencies, or others against whom a complaint has been lodged. (3-31-22)
03.
Area III
. Planning and service area made up of: Canyon, Valley, Boise, Gem, Elmore, Washington, Ada, Adams, Payette, and Owyhee counties. (3-31-22)
04.
Complainant
. The local ombudsman or any individual or organization who registers a complaint with the local ombudsman. (3-31-22)
05.
Complaint Investigation/Resolution
. Activities related to receiving, analyzing, researching, observing, interviewing, verifying or resolving a complaint through advocacy, facilitation, conciliation, mediation, negotiation, representation, referral, follow-up, or education. (3-31-22)
06.
Complaints
. Allegations made by or on behalf of eligible clients, whether living in long-term care facilities or in the community. (3-31-22)
07.
Designation
. Process by which the Office approves the location of local ombudsman programs within AAAs and delegates to such programs the authority to carry out the purposes of the program. (3-31-22)
08.
Local Ombudsman
. An individual associated with a designated local Ombudsman for the Elderly Program, who performs the duties of ombudsman. (3-31-22)
09.
Long-Term Care Facility
. Skilled nursing facilities as defined in IDAPA 16.03.02, Subsection  002.33, "Skilled Nursing Facilities," and residential assisted living facilities as defined in IDAPA 16.03.22, "Residential Assisted Living Facilities." (3-31-22)
10.
Non-Jurisdictional Complaints
. Complaints made by or on behalf of residents of long-term care facilities who are under the age of sixty (60) or complaints concerning persons outside the statutory jurisdiction of an ombudsman. (3-31-22)
11.
Office
. Office of the State Ombudsman for the Elderly pursuant to Title 67, Chapter 50, Idaho Code, Section  67-5009. (3-31-22)
12.
Resident
. Resident as defined in IDAPA 16.03.22, "Residential Assisted Living Facilities." (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.03 - RULES GOVERNING THE OMBUDSMAN FOR THE ELDERLY PROGRAM › Section 15.01.03.020 - ADMINISTRATIVE REQUIREMENTS

Current through August 31, 2023
Each AAA local ombudsman program shall meet all administrative requirements as cited in OAA, Section  712(a), and Title 67, Chapter 50, Idaho Code, Section  67-5009, unless granted a waiver by the Office. (3-31-22)
01.
Procedures
. All local ombudsmen shall follow procedures outlined in the Office Procedures Manual. (3-31-22)
02.
Space
. Each AAA shall provide space assuring privacy for local ombudsmen to hold confidential meetings. (3-31-22)
03.
Supervision
. Local ombudsmen shall operate under the direct supervision of the Office for all complaint handling activities and are considered subdivisions of the Office. (3-31-22)
04.
Forms
. All local ombudsmen shall utilize standardized forms provided by the Office. (3-31-22)
05.
Conflict of Interest
. AAAs shall ensure that the local ombudsmen are not part of an organization that: (3-31-22)
a. Is responsible for licensing and certifying skilled nursing or residential assisted living facilities under IDAPA 16.03.22, "Residential Assisted Living Facilities"; (3-31-22)
b. Provides skilled nursing or living care or is an association of such a provider; or (3-31-22)
c. May impair the ability of the local ombudsmen to investigate and resolve complaints objectively and independently. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.03 - RULES GOVERNING THE OMBUDSMAN FOR THE ELDERLY PROGRAM › Section 15.01.03.021 - STAFFING

Current through August 31, 2023
Pursuant to the OAA, Section  712, in order to meet minimum requirements established for the position of local ombudsman, each AAA shall seek applicants having the following qualifications. (3-31-22)
01.
Minimum Qualifications
. Any person hired to fill the position of local ombudsman on or after July 1, 1998, shall have: (3-31-22)
a. A Bachelor's degree or equivalent; (3-31-22)
b. Minimum of one (1) year's experience working with the elderly; (3-31-22)
c. Ability to effectively communicate verbally and in writing; (3-31-22)
d. Knowledge of long-term care issues and resources; (3-31-22)
e. Demonstrated ability to interpret and apply relevant local, state and federal laws, rules, regulations, and guidelines; (3-31-22)
f. Demonstrated ability to work independently; (3-31-22)
g. Demonstrated skill in interviewing techniques; and (3-31-22)
h. Demonstrated ability to collect data, conduct interviews and to form conclusions. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.03 - RULES GOVERNING THE OMBUDSMAN FOR THE ELDERLY PROGRAM › Section 15.01.03.031 - DESIGNATION OF AUTHORITY OF AAA

Current through August 31, 2023
The Office shall designate an entity as a local ombudsman. (3-31-22)
01.
Designation of Authority
. Each AAA shall directly provide, through a contract agreement with the ICOA, a local ombudsman program employing at least one (1) full-time local ombudsman whose function is to carry out the duties of the Office. AAAs I, II, IV, V and VI shall employ one (1) full-time local ombudsman; AAA III shall employ two (2) full-time local ombudsmen. An AAA may petition the Office in writing for a waiver of this requirement. (3-31-22)
02.
Grounds for Revocation or Termination
. In revoking a designated local ombudsman program, the Office shall provide due process in accordance with applicable law and IDAPA 04.11.01, Section  000, et seq., "Idaho Rules of Administrative Procedure of the Attorney General." (3-31-22)
a. Following termination of a local ombudsman program, the Office shall perform the duties of the local program and withdraw funding for the local program for the remainder of the funding period. (3-31-22)
b. An AAA's appeal of the Office's termination of its local ombudsman program shall be governed by the Adjudicatory Rules of Practice and Procedures in Claims Relating to Contracts and Grants Funded under Title III, OAA. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.03 - RULES GOVERNING THE OMBUDSMAN FOR THE ELDERLY PROGRAM › Section 15.01.03.032 - HANDLING OF COMPLAINTS

Current through August 31, 2023
The Office has jurisdiction to accept, identify, investigate, and resolve complaints made by, or on behalf of, persons aged sixty (60) or older, living in the community or in long-term care facilities. The Office and the local ombudsmen shall ensure that persons aged sixty (60) or older have regular and timely access to services provided through the Office. The Office shall represent the interests of older persons before governmental agencies and seek to protect the health, safety, welfare and rights of older persons. (3-31-22)
01.
Non-Jurisdictional Complaints
. Local ombudsmen may respond to complaints made by or on behalf of under age sixty (60) long-term care residents where such action will: (3-31-22)
a. Benefit other residents; or (3-31-22)
b. Provide the only viable avenue of assistance available to the complainant. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.03 - RULES GOVERNING THE OMBUDSMAN FOR THE ELDERLY PROGRAM › Section 15.01.03.033 - ACCESS

Current through August 31, 2023
The Office shall ensure that representatives of the Office have access to long-term care facilities and residents as well as appropriate access to medical and social records, and resident representative contact information needed to investigate complaints. (3-31-22)
01.
Visitation
. For visitation purposes, local ombudsmen shall have access to long-term care facilities during regular business hours. Visiting local ombudsmen shall: (3-31-22)
a. Notify the person in charge upon entering the facility; (3-31-22)
b. Be allowed to visit common areas of the facility and the rooms of residents if consent is given by the resident; and (3-31-22)
c. Communicate privately and without restriction with any resident who consents to the communication. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.03 - RULES GOVERNING THE OMBUDSMAN FOR THE ELDERLY PROGRAM › Section 15.01.03.041 - WRITTEN CONSENT

Current through August 31, 2023
The Office shall ensure appropriate access to review medical and social records of a resident. (See OAA, Section  712)  (3-31-22)
01.
Resident Written Consent
. Access to confidential records requires the written consent of the resident or legal representative. (3-31-22)
02.
Lack of Consent
. If the client is unable to provide written or oral consent, or the legal representative is unavailable to provide consent, the local ombudsman, with approval of the Office may inspect available client records, including medical records that are necessary for investigation of a complaint. (3-31-22)
03.
Consent Refused
. If a local ombudsman has been refused access to records by legal representative but has reasonable cause to believe that the legal representative is not acting in the best interest of the client, the local ombudsman may, with the approval of the Office, inspect client records, including medical records. (3-31-22)
04.
Requirements for Informing Client or Resident
. The local ombudsman shall inform the complainant or resident regarding: (3-31-22)
a. Who will receive the information; (3-31-22)
b. What information will be disclosed; and (3-31-22)
c. The purpose for which the information is being disclosed. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.03 - RULES GOVERNING THE OMBUDSMAN FOR THE ELDERLY PROGRAM › Section 15.01.03.042 - CONFIDENTIALITY

Current through August 31, 2023
The Office shall be the custodian of all local ombudsman program records including, but not limited to, records and files containing personal information relative to complainants and residents of long-term care facilities. Requests for release of confidential information shall be submitted to the Office for approval or denial. Release of information shall be granted pursuant to OAA, Section  721(e). (3-31-22)
01.
Storage of Records
. Client records shall be maintained in locked storage. Case records inactive for two (2) years or longer may be expunged. As required by law, release of these records shall be limited to persons authorized by the Office. (3-31-22)
02.
Performance Evaluations
. For performance evaluation purposes, direct supervisors shall have access to client files maintained by local ombudsmen. (3-31-22)
03.
Confidential Records
. Records to be safeguarded include, but are not limited to, long-term care and community-based complaint files including: (3-31-22)
a. Notes of interviews with complainants and clients or collateral contacts; (3-31-22)
b. All copies of residents' medical records or diagnoses; (3-31-22)
c. All records relevant to complaint investigations; (3-31-22)
d. All memoranda generated by the Office or by another agency office during the evaluation and resolution of a complaint; (3-31-22)
e. All photographs, video tapes, tape recordings, etc. pertaining to complaint investigation; (3-31-22)
f. All memoranda or letters generated during evaluation or resolution of a complaint; (3-31-22)
g. Written documentation that parties affected by ombudsman opinions or recommendations have been notified; and (3-31-22)
h. Information containing unverified complaints about long-term care facility owners, administrators, staff or other persons involved in the long-term care system or in other service programs. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.03 - RULES GOVERNING THE OMBUDSMAN FOR THE ELDERLY PROGRAM › Section 15.01.03.043 - DISCLOSURE

Current through August 31, 2023
The Office is the only entity authorized to disclose ombudsmen program files, records, or information. Identifying information of any resident or complainant shall be disclosed only with proper consent or in response to a court order. The Office, in its sole discretion, may delegate the disclosure of ombudsman program files, records, or information to a local ombudsman. (3-31-22)
01.
Court Order
. Identifying information of a resident, complainant, or both may be disclosed, with or without the consent of the resident, complainant, or both, pursuant to a court order issued by a court of competent jurisdiction. (3-31-22)
02.
Resident Consent
. Without a court order, identifying information of a resident shall be disclosed only if the resident or his representative communicates informed consent to the disclosure and the consent is given in writing, orally, visually or through the use of auxiliary aids and services; and such consent is documented by a representative of the Office in accordance with procedures. (3-31-22)
03.
Complainant Consent
. Without a court order, identifying information of a complainant shall be disclosed only if the complainant communicates informed consent to the disclosure and the consent is given in writing, orally, visually or through the use of auxiliary aids and services; and such consent is documented by a representative of the Office in accordance with procedures. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 15.01.20, "Rules Governing Area Agency on Aging (AAA) Operations." (3-31-22)
02.
Scope
. These rules relate to the authority, responsibilities, and designation of AAAs. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.010 - DEFINITIONS

Current through August 31, 2023
Any item not specifically defined below has the same meaning as those defined in IDAPA 15.01.01, "Rules Governing Senior Services and Older Americans Act Programs." (3-31-22)
01.
Area Plan
. Plan describing aging programs and services which an AAA is required to submit to the Idaho Commission on Aging, in accordance with the OAA, in order to receive OAA funding. (3-31-22)
02.
Contract
. A legally binding, written agreement between two (2) or more parties which outlines the terms and provisions to which both parties agree. (3-31-22)
03.
Planning and Service Area (PSA)
. ICOA designated geographical area within Idaho for which an AAA is responsible. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.020 - PLANNING AND SERVICE AREA (PSA) DESIGNATION

Current through August 31, 2023
The ICOA has divided the state into PSAs in accordance with Section  305  of the OAA, as amended. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.021 - AAA

Current through August 31, 2023
01.
AAA Designation
. The ICOA shall accept applications for AAA designation in accordance with Section  305  of the OAA. (3-31-22)
02.
Revocation of AAA Designation
. The ICOA may revoke the designation of an AAA as specified in OAA and the federal regulations thereunder. (3-31-22)
03.
Denial of AAA Designation
. Any organization denied AAA designation through a competitive bidding process may appeal the decision to the Administrator of ICOA. (3-31-22)
04.
Limit on the Number of Area Agencies and PSA's
. In order to maximize funding for services that directly benefit the elderly, the number of PSAs and AAAs is limited to no more than six (6). (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.022 - AAA BUDGET FORMS AND REVISIONS

Current through August 31, 2023
01.
Budget Forms
. Each AAA shall submit, on forms provided by the ICOA, a budget for agency operations. The AAA shall maintain sufficiently detailed budget and expenditure records to respond to requests for information from the ICOA, U.S. Administration for Community Living, legislators, or the general public. (3-31-22)
02.
Budget Revisions
. Requests for approval of budget revisions shall be made in writing to the ICOA: (3-31-22)
a. In order to process transfers between Title III programs; (3-31-22)
b. To reflect holdbacks or midyear increases in state or federal spending; or (3-31-22)
c. If there is a change in spending which exceeds ten percent (10%) of any line item in the comprehensive budget summary. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.041 - AAA RESPONSIBILITIES

Current through August 31, 2023
On behalf of all older persons in the PSA, the AAA shall assume the lead role relative to aging issues. In accordance with the OAA and all pertinent federal regulations, the AAA shall serve as the public advocate for the development and enhancement of comprehensive, coordinated community-based service systems within each community throughout the PSA. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.042 - CONTRACT MANAGEMENT REQUIREMENTS

Current through August 31, 2023
AAAs shall adhere to all applicable federal contracting and procurement requirements in awarding subcontracts. (3-31-22)
01.
Non-Profit Agency Contractors
. AAAs may subcontract with private, non-profit agencies that are incorporated as 501(c)(3) organizations. (3-31-22)
02.
AAA Provider Subcontracts
. All subcontracts between the AAA and service providers shall contain sufficient program and financial information to ensure all activities comply with the Area Plan, the OAA, federal regulations, the SS Act, and the rules of the ICOA. (3-31-22)
03.
Contracts Term
. Each AAA may award multi-year subcontracts not to exceed four (4) years. (3-31-22)
a. Each AAA shall maintain documentation satisfactory to ICOA that justifies the reason(s) a multi-year subcontract was awarded. Justification for a multi-year subcontract may include, but is not limited to, the following: (3-31-22)
i. More than one (1) year is necessary to complete the project or service; (3-31-22)
ii. More than one (1) year is necessary to justify substantial cost savings; or (3-31-22)
iii. A multi-year subcontract award is necessary to allow a provider the opportunity to increase and demonstrate capacity to operate a particular service. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.051 - AREA ADVISORY COUNCILS ON AGING

Current through August 31, 2023
01.
Establishment of Council
. The AAA shall establish an advisory council in accordance with the requirements of the OAA, as amended, and all pertinent federal regulations. (3-31-22)
02.
Council Meetings
. Each advisory council shall meet at least two (2) times each year. (3-31-22)
03.
Conflict of Interest
. AAA employees, or members of the immediate families of AAA employees, shall not serve on the advisory council. (3-31-22)
04.
By-Laws
. The advisory council shall adopt and operate according to by-laws. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.052 - AREA PLANS

Current through August 31, 2023
Each AAA shall submit a four (4) year area plan to the ICOA by close of business January 1, 2002, and by October 15 every four (4) years thereafter. Annual updates shall be submitted by October 15 of each year. The area plan and annual updates shall be submitted in a uniform format prescribed by the ICOA to meet the requirements of the OAA and all pertinent federal regulations. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.053 - SERVICE PRIORITY AND APPEALS

Current through August 31, 2023
01.
Service Priority
. Pursuant to the OAA, each AAA shall ensure that all service providers prioritize service delivery to those older individuals having the greatest economic and social need, with particular attention to low-income minority individuals and individuals residing in rural areas. (3-31-22)
02.
Denial or Termination of Service
. AAAs shall develop fair and impartial hearing procedures and provide an opportunity for a hearing for any individual who is denied or terminated from a service. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.055 - AAA ASSESSMENTS OF PROVIDERS

Current through August 31, 2023
Every other year each AAA shall conduct, at a minimum, one (1) on-site assessment of each of its providers that receives fifty thousand dollars ($50,000) or more in combined federal and state funds during a contract year. Such assessments shall comply with the terms of the AAA contract with the ICOA and be on file for ICOA review. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.056 - REPORTING REQUIREMENTS

Current through August 31, 2023
01.
Reporting Forms
. Each AAA shall submit to the ICOA such reports as are specified by the ICOA, in such format and on such schedule as is established by the ICOA, in fulfillment of all federal and state requirements. (3-31-22)
02.
Verification of Service Provider Reports
. The AAAs shall conduct ongoing verification of service provider reports. (3-31-22)
03.
Reporting Deficiencies
. If reports are late, incorrect, or incomplete, the ICOA shall withhold funds from the AAA, in accordance with terms of the contract between the ICOA and the AAA, until a correct report is received by the ICOA. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.057 - CIVIL RIGHTS

Current through August 31, 2023
Neither the AAAs nor their providers shall violate any state or federal law regarding civil rights and shall provide all services and functions funded by the ICOA, affected by rule of the ICOA or provided for by contract with the ICOA without discrimination on the basis of race, color, national origin, age, gender, physical or mental impairment, or on any other basis prohibited by law. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.01.20 - RULES GOVERNING AREA AGENCY ON AGING (AAA) OPERATIONS › Section 15.01.20.066 - FINANCIAL MANAGEMENT

Current through August 31, 2023
01.
Regulations
. Area agencies and service providers shall meet the financial management requirements of  45 CFR, 74 and  92. (3-31-22)
02.
Allowable Costs
. Allowable costs are delineated in the OAA, and 45 CFR, Part 75 . These cost principles shall apply to the expenditure of federal funds, as well as any state or local funds which are reported as match for federal funds. In-kind contributions shall benefit the program for which they are reported as match. No expenditure may be used as match if it has been or will be counted as match for another award of federal or state funds. (3-31-22)
03.
Audits
. All AAAs and service providers shall be audited in accordance with the Single Audit Act of 1996 and OMB Circular A-133 as amended. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Section 15.02.01.001 - SCOPE

Current through August 31, 2023
The provisions of these rules establish procedures, requirements, and implement program changes necessitated by the Rehabilitation Act of 1973, as amended, which address the provisions of vocational rehabilitation services to the blind and visually impaired population of Idaho. These rules also establish the procedure and practice requirements governing the provision of services under the Independent Living Program. These rules also include the procedure and practice requirements governing the provision of services under the Prevention of Blindness and Sight Restoration Program. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Section 15.02.01.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following federal laws and regulations are incorporated by reference into the rules of this chapter and copies are available at the Commission's office: (3-31-22)
01.
29 U.S.C. Section 701, et seq., Rehabilitation Act of 1973 as amended through Public Law 114-95, enacted December 10, 2015
. (3-31-22)
02.
34 CFR 361,  363,  364,  367  and  397
. (3-31-22)
03.
Workforce Innovation and Opportunity Act (WIOA), Public Law 113-128, enacted July 22, 2014
. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Section 15.02.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Blind or Visually Impaired
. A person whose visual acuity with correcting lenses is not better than twenty/two hundred (20/200) in the better eye; or a person whose vision in the better eye is restricted to a field which subtends an angle of not greater than twenty (20) degrees; or a person who is functionally blind; or a person who is without any sight. (3-31-22)
02.
Commission
. Idaho Commission for the Blind and Visually Impaired. (3-31-22)
03.
Comparable Benefits and Services
. Any benefit or service that exists under any other programs that is available to the client. Examples are, but not limited to, Medicaid, Medicare, private health insurance, and medical indigence programs for medication. (3-31-22)
04.
Functionally Blind
. A person with a visual impairment that constitutes or results in a substantial impediment to employment or substantially limits one (1) or more major life activities. This is determined by a qualified, rehabilitation professional, not a physician. (3-31-22)
05.
Immediate Danger of Blindness
. The status of an individual or client who is in danger of becoming blind or visually impaired within two (2) years. (3-31-22)
06.
Independent Living Services
. Services that reduce the impact of functional limitations on the ability of a client to achieve independence in the home or community. (3-31-22)
07.
Most Significant Disability
. Meets the criteria as Significant Disability as found in the Rehabilitation Act of 1973, as amended, and defined in  34 CFR 361.5(c)(29), and is further defined as: Having a severe physical, mental, cognitive, or sensory impairment that seriously limits four (4) or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance or work skills) in terms of an employment outcome, and whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time. (3-31-22)
08.
Prevention of Blindness and Sight Restoration Services
. Treatment or surgery to prevent blindness or restore vision to clients without financial resources to procure such services for themselves. (3-31-22)
09.
Vocational Rehabilitation (VR) Service or Services
. Services that reduce the impact of functional limitations on the ability of a client to achieve an employment outcome and are offered on a statewide basis to individuals who are blind or visually impaired or functionally blind, subject to eligibility. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter A - VOCATIONAL REHABILITATION SERVICES › Section 15.02.01.100 - INFORMATION, REFERRAL, AND APPLICATION FOR VR SERVICES

Current through August 31, 2023
Any person or entity may refer an individual to the Commission for services. (3-31-22)
01.
Contact by the Commission
. Each referred individual must be seen or contacted by Commission staff within three (3) working days of the referral's receipt by scheduling an initial appointment, or documentation in a case note of telephone contact or email contact. Staff will inform the referral of application requirements and information necessary to initiate an assessment for determining eligibility. (3-31-22)
02.
Right to Apply
. All individuals have the right to apply for VR Services and to have a decision made regarding their eligibility for such services. (3-31-22)
03.
Availability and Residence Requirements
. Individuals must be available and legally permitted to join the labor market prior to eligibility determination. Residence requirements will not exclude any individual present in the state from vocational rehabilitation services. Individuals must have legal status in the United States and be authorized to work. (3-31-22)
04.
Work Status and Identity Documentation
. Documents that establish work status (employment eligibility) and identity must be consistent with Form I-9, Immigration and Naturalization Services (Form I-9, Employment Eligibility Verification). (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter A - VOCATIONAL REHABILITATION SERVICES › Section 15.02.01.101 - ELIGIBILITY

Current through August 31, 2023
01.
Eligibility Requirements
. Eligibility of a client for vocational rehabilitation services is based upon a determination that: (3-31-22)
a. The client is blind or visually impaired; (3-31-22)
b. The client's blindness or visual impairment constitutes or results in a substantial impediment to employment; and (3-31-22)
c. There is a reasonable expectation that vocational rehabilitation services will benefit the client in terms of securing, retaining, or regaining employment. (3-31-22)
d. The client has a disability priority which can include no significant disability (D), significant disability (SD), or most significant disability (MSD). (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter A - VOCATIONAL REHABILITATION SERVICES › Section 15.02.01.102 - COMPARABLE BENEFITS

Current through August 31, 2023
Eligible clients are to identify and use all available comparable benefits that may be available during the development of the Individualized Plan for Employment. Services that are exempt from this requirement are identified in  34 CFR 361.53(b). (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter A - VOCATIONAL REHABILITATION SERVICES › Section 15.02.01.103 - PURCHASING REQUIREMENTS

Current through August 31, 2023
All services and purchases will follow federal, state, and agency purchasing guidelines. Client services require written Authorization for Purchase (AFP) prior to the initiation of the purchased service. An authorization will be issued on or before the beginning date of service. If services are provided without an approved authorization, the Commission reserves the right to deny the vendor's invoice. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter A - VOCATIONAL REHABILITATION SERVICES › Section 15.02.01.104 - PURCHASING STANDARDS

Current through August 31, 2023
The Commission pays usual, customary, and reasonable charges for services. In accordance with  34 CFR 361.50, the Commission has established a fee schedule for client services and levels of purchasing authority for Counselors. Exceptions to the upper limits established in the fee schedule need to be approved by the Rehabilitation Services Chief. Services that will meet the client's need at the least cost to the Commission will be the service considered for planning purposes. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter A - VOCATIONAL REHABILITATION SERVICES › Section 15.02.01.150 - CLIENT APPEALS

Current through August 31, 2023
01.
Informal Dispute Resolution
. Within fifteen (15) calendar days of notification of the contested action, lack of action or decision, the client may make a written request to the Rehabilitation Services Chief that an informal dispute resolution be held, stating the reason for the review. (3-31-22)
a. The Rehabilitation Services Chief will inform the client in writing as to the time, place, and date of the informal dispute resolution. The client may choose to represent himself or may have a representative speak on his behalf. (3-31-22)
b. The Rehabilitation Services Chief will make a decision regarding the specifics of the informal dispute resolution. This decision will be in written form, and it will be sent to the client. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter A - VOCATIONAL REHABILITATION SERVICES › Section 15.02.01.151 - ORDER OF SELECTION

Current through August 31, 2023
01.
Prioritizing Services
. In the event that the Commission lacks the personnel or financial resources to provide the full range of services to all eligible individuals, the following Order of Selection (OOS) will be used to prioritize service provisions. Students with disabilities, as defined by  34 CFR 361.5(c)(51), who received pre-employment transition services prior to eligibility determination and assignment to a priority category will continue to receive such services. All clients who have an Individualized Plan for Employment will continue to be served. Priority will be given to eligible individuals as follows: (3-31-22)
a. Priority 1. Eligible individuals with the Most Significant Disabilities. (3-31-22)
b. Priority 2. Eligible individuals with Significant Disabilities. (3-31-22)
c. Priority 3. All other eligible individuals with Disabilities. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter B - INDEPENDENT LIVING PROGRAM › Section 15.02.01.200 - PROVISION OF SERVICES ON A STATEWIDE BASIS AND APPLICATION

Current through August 31, 2023
01.
Services
. Independent Living Services are offered on a statewide basis to eligible individuals who are blind or visually impaired. (3-31-22)
02.
Application
. To apply for Independent Living Services, an individual must meet with a Rehabilitation Teacher and complete an application for Independent Living Services. An individual is considered to have applied for Independent Living Services with the Commission when that individual has signed an application for Independent Living Services, including completion and signature of required forms relating to independent living rights and responsibilities and to the release and exchange of information. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter B - INDEPENDENT LIVING PROGRAM › Section 15.02.01.201 - ELIGIBILITY

Current through August 31, 2023
Eligibility of a client for Independent Living Services is based upon a determination that: (3-31-22)
01.
Blind or Visually Impaired
. The client is blind or visually impaired; (3-31-22)
02.
Ability to Function
. The client's blindness or visual impairment substantially limits the client's ability to function in the family or community; (3-31-22)
03.
Result of Services
. Provision of Independent Living Services will improve the client's ability to function, continue functioning, or move toward functioning independently in the family or community; and (3-31-22)
04.
Residency
. The client is a resident of the state of Idaho. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter B - INDEPENDENT LIVING PROGRAM › Section 15.02.01.202 - INDEPENDENT LIVING PLAN

Current through August 31, 2023
01.
Plan Development
. For those clients determined eligible for Independent Living Services, an Independent Living Plan will be jointly developed by the client and a Rehabilitation Teacher, unless waived by the client in writing. (3-31-22)
02.
Plan Contents
. The plan will include the Independent Living goals and objectives, Independent Living Services to be provided, including start and end dates, costs, comparable benefits and services, client financial participation and any other elements deemed necessary by the Rehabilitation Teacher. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter B - INDEPENDENT LIVING PROGRAM › Section 15.02.01.203 - PURCHASING STANDARDS AND REQUIREMENTS

Current through August 31, 2023
There is no fee assessed for Independent Living Services provided to the client by the Rehabilitation Teacher. However, where the provision of Independent Living Services includes the purchase of aids, appliances, assistive technology, computer hardware and software, and other purchased services or devices, the client's ability to pay will be taken into consideration with the expectation that the client will contribute toward or pay for the required service. The Commission will expend no more than five hundred dollars ($500) per client. Any exceptions to this rule are only granted upon review and approval of the Independent Living Coordinator. All purchases will follow federal, state, and agency purchasing guidelines. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter C - THE PREVENTION OF BLINDNESS AND SIGHT RESTORATION PROGRAM › Section 15.02.01.300 - PROVISION OF SERVICES ON A STATEWIDE BASIS

Current through August 31, 2023
Prevention of Blindness and Sight Restoration Services are offered on a statewide basis to individuals who are Blind or Visually Impaired or who are in immediate danger of Blindness, subject to eligibility and available funding. To apply, individuals must meet with a vocational rehabilitation assistant from the Commission to complete and sign an application. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter C - THE PREVENTION OF BLINDNESS AND SIGHT RESTORATION PROGRAM › Section 15.02.01.301 - ELIGIBILITY

Current through August 31, 2023
Eligibility of a client for Prevention of Blindness and Sight Restoration Services is based upon a determination by the Commission that a client is blind or visually impaired, functionally blind, or in immediate danger of blindness and that the client is without financial resources to procure services for themselves. Clients must also meet the following requirements: (3-31-22)
01.
Demonstration of Financial Need
. Only clients without financial resources to procure Services for themselves are eligible for Prevention of Blindness and Sight Restoration Services. Clients will undergo a financial needs assessment with Commission staff to determine whether financial eligibility requirements are met. (3-31-22)
02.
Residency Requirements
. In order to be eligible for Prevention of Blindness and Sight Restoration Services, a client must demonstrate the following residency requirements: (3-31-22)
a. If client is not a United States citizen, client must provide proof of their legal presence as a registered alien in the United States. (3-31-22)
b. Residence in the state of Idaho for a minimum of six (6) months; and (3-31-22)
c. Presence in the state of Idaho at the time of provision of Prevention of Blindness and Sight Restoration Services. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.01 - RULES GOVERNING THE REHABILITATION PROGRAMS › Subchapter C - THE PREVENTION OF BLINDNESS AND SIGHT RESTORATION PROGRAM › Section 15.02.01.350 - PAYMENT FOR NECESSARY EXPENSES

Current through August 31, 2023
The Commission's payment of necessary expenses associated with provision of Prevention of Blindness and Sight Restoration Services to eligible clients is subject to availability of funds during any single state fiscal year. In the event available funds for Prevention of Blindness and Sight Restoration Services are exhausted prior to the end of any single state fiscal year, eligible clients are placed on a waiting list until such time as funding is available to resume Prevention of Blindness and Sight Restoration Services. (3-31-22)
01.
Upper Limits
. The Commission will pay no more than five thousand dollars ($5,000) per eligible client for necessary expenses incurred for Prevention of Blindness and Sight Restoration Services during each eligible client's lifetime participation in the Blind Prevention and Sight Restoration Program. (3-31-22)
02.
Comparable Benefits and Services
. Eligible clients must apply for and secure any comparable benefits and services which shall be applied towards payment of necessary expenses incurred for Prevention of Blindness and Sight Restoration Services before any expenditure of Commission funds. (3-31-22)
03.
Exceptions
. Any exceptions to the individual lifetime limit per eligible client set forth in Subsection  350.01  of these rules are only granted upon approval of the Independent Living Coordinator. (3-31-22)