reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.630 - TRAINING REQUIREMENTS FOR FACILITIES ADMITTING RESIDENTS WITH A DIAGNOSIS OF DEMENTIA, MENTAL ILLNESS, DEVELOPMENTAL DISABILITY, OR TRAUMATIC BRAIN INJURY

Current through August 31, 2023
A facility admitting and retaining residents with a diagnosis
				of dementia, mental illness, developmental disability, or traumatic brain
				injury must train all staff to meet the specialized needs of these residents.
				Staff must receive specialized training within thirty (30) days of hire or of
				admission of a resident with one (1) of these conditions. The means and methods
				of training are at the facility's discretion. The training should address the
				following areas: (3-15-22)
01.
Dementia
: (3-15-22)
a. Overview of
			 dementia; (3-15-22)
b. Symptoms and
			 behaviors of people with memory impairment; (3-15-22)
c. Communication with people with memory
			 impairment; (3-15-22)
d. Resident's
			 adjustment to the new living environment; (3-15-22)
e. Behavior management, including the
			 consistent implementation of behavior interventions; (3-15-22)
f. Activities of daily living; and
			 (3-15-22)
g. Stress reduction for
			 facility personnel and the resident. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.641 - ADDITIONAL TRAINING RELATED TO CHANGES

Current through August 31, 2023
When policies or procedures are added, modified, or deleted,
				the date of the change must be specified on the policy and staff must receive
				additional training related to the changes. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.645 - ASSISTANCE WITH MEDICATIONS

Current through August 31, 2023
01.
Training
			 Requirements
. To provide assistance with medications, staff must have
			 the following training requirements, and be delegated as described in this
			 rule. (3-15-22)
a. Before staff can begin
			 assisting residents with medications, successful completion of a medication
			 assistance course offered by one (1) of Idaho's community colleges. This
			 training is not included as part of the minimum of sixteen (16) hours of
			 orientation training or minimum of eight (8) hours of continued training per
			 year. (3-15-22)
b. Staff training
			 on documentation requirements and how to respond when a resident refuses or
			 misses a medication, receives an incorrect medication, or when medication is
			 unavailable or missing. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.900 - ENFORCEMENT ACTIONS

Current through August 31, 2023
Enforcement actions, as described in Sections
				901 through
				940 of these rules and Sections
				39-3357 and
				39-3358, Idaho Code, are actions
				the Department can impose upon a facility. The Department will consider a
				facility's compliance history, change(s) of ownership, and the number, scope,
				and severity of the deficiencies when initiating or extending an enforcement
				action. The Department can impose any of the enforcement actions, independently
				or in conjunction with others. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.901 - ENFORCEMENT ACTION OF SUMMARY SUSPENSION

Current through August 31, 2023
When the Department finds that the facility's deficient
				practice(s) immediately place the health or safety of any residents in danger,
				the Department may take immediate action through summary suspension of the
				facility's license, the imposition of temporary management, a limit on
				admissions, and transfer the residents. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.910 - ENFORCEMENT ACTION OF A CONSULTANT

Current through August 31, 2023
A consultant may be required when an acceptable plan of
				correction has not been submitted, as described in Section
				130 of these rules, or if the
				Department identifies repeat deficient practice(s) in the facility. The
				consultant is required to submit periodic reports to the Licensing Agency.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.920 - ENFORCEMENT ACTION OF LIMIT ON ADMISSIONS

Current through August 31, 2023
01.
Reasons for Limit on Admissions
. The Department may limit admissions for
			 the following reasons: (3-15-22)
a. The
			 facility is inadequately staffed or the staff is inadequately trained to handle
			 more residents; (3-15-22)
b. The
			 facility otherwise lacks the resources necessary to support the needs of more
			 residents; (3-15-22)
c. The
			 Department identifies repeat core issues during any follow-up survey; and
			 (3-15-22)
d. An acceptable plan of
			 correction is not submitted as described in Section
			 130 of these rules.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.925 - ENFORCEMENT ACTION OF CIVIL MONETARY PENALTIES

Current through August 31, 2023
01.
Civil Monetary Penalties
. May be issued when a facility is
			 operating without a license, repeat deficiencies are identified, or the
			 facility fails to comply with conditions of the provisional license. Actual
			 harm to a resident or residents does not need to be shown. A single act,
			 omission, or incident will not give rise to imposition of multiple penalties,
			 even though such act, omission, or incident may violate more than one (1) rule.
			 (3-15-22)
02.
Assessment
			 Amount for Civil Monetary Penalty
. When civil monetary penalties are
			 imposed, such penalties are assessed for each day the facility is or was out of
			 compliance. The amounts below are multiplied by the total number of occupied
			 licensed beds according to the records of the Department at the time
			 non-compliance is established. (3-15-22)
a.
			 Repeat deficiency is ten dollars ($10). Example below:
Number of Occupied Beds in
							 Facility
Repeat
							 Deficiency
Times Number of Days Out of
							 Compliance
Amount of
							 Penalty
11
$10.00
30 days
$3,300
(3-15-22)
b.
			 In any ninety (90) day period, the penalty amounts may not exceed the limits
			 shown in the following table:
Limits on Accruing Civil
							 Monetary Amount
Number of Occupied Beds in
							 Facility
Repeat Deficiency
3-4 Beds
$2,880
5-50 Beds
$6,400
51-100 Beds
$10,800
101-150 Beds
$17,600
151 or More Beds
$29,200
(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.930 - ENFORCEMENT ACTION OF TEMPORARY MANAGEMENT

Current through August 31, 2023
01.
Need
			 for Temporary Management
. The Department may impose the action of
			 temporary management in situations where there is a need to oversee operation
			 of the facility and to ensure the health and safety of the facility's
			 residents: (3-15-22)
a. During an orderly
			 transfer of residents of the facility to other facilities; or
			 (3-15-22)
b. Pending improvements
			 to bring the facility into compliance with program requirements.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.935 - ENFORCEMENT ACTION OF A PROVISIONAL LICENSE

Current through August 31, 2023
A provisional license may be issued when a facility has one (1)
				or more core issues, when non-core issues have not been corrected, have become
				repeat deficiencies, or an acceptable plan of correction is not submitted as
				described in these rules. The provisional license will state the conditions the
				facility must follow to continue to operate. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.07 - FEES FOR STATE HOSPITAL NORTH AND STATE HOSPITAL SOUTH › Section 16.04.07.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Board of Health and Welfare is authorized under
				Section 66-118, Idaho Code, to adopt rules
				for establishing and charging fees for services provided at State Hospital
				North and State Hospital South. Under Section
				56-1007, Idaho Code, the
				Department of Health and Welfare is authorized to charge and collect reasonable
				fees, established by rule, for such services. Section
				66-354, Idaho Code, authorizes a
				state facility to cause an inquiry to be made and collect fees and charges for
				treatment. Under Sections
				56-1003(3)(e),
				66-116 and
				66-118, Idaho Code, the Idaho
				Board of Health and Welfare and Director are jointly authorized to administer,
				manage, and control State Hospital North and State Hospital South.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.07 - FEES FOR STATE HOSPITAL NORTH AND STATE HOSPITAL SOUTH › Section 16.04.07.001 - TITLE AND SCOPE

Current through August 31, 2023
The scope of these rules is to establish fees for services
				provided at State Hospital North (SHN) or State Hospital South (SHS) and are
				titled IDAPA 16.04.07, "Fees for State Hospital North and State Hospital
				South." (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.07 - FEES FOR STATE HOSPITAL NORTH AND STATE HOSPITAL SOUTH › Section 16.04.07.002 - POLICY

Current through August 31, 2023
Fees for services will be established and charged to all
				patients or responsible relatives. Further, SHN and SHS must not refuse service
				to any person because of race, color, religion, handicap, or ability or
				inability to pay. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.07 - FEES FOR STATE HOSPITAL NORTH AND STATE HOSPITAL SOUTH › Section 16.04.07.010 - DEFINITIONS

Current through August 31, 2023
01.
Charge
. The dollar amount
			 determined by costs per patient day for service received from SHN or SHS for
			 specialized services. (3-15-22)
02.
Cost Per Patient Day
. An accounting process of allocating all cost
			 centers for the hospital to a twenty-four (24) hour period of time the patient
			 occupies the hospital. (3-15-22)
03.
Responsible Relatives
.
			 Relatives as defined by Section
			 66-354, Idaho Code.
			 (3-15-22)
04.
Services
. May include reasonable and customary services such as:
			 medical, nursing, pharmacy, individual and group counseling, etc. Services
			 covered may differ between SHN and SHS. (3-15-22)
05.
Third Party Payor
. A payor
			 other than a patient or responsible relative who is legally liable for all or
			 part of patient charge. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.07 - FEES FOR STATE HOSPITAL NORTH AND STATE HOSPITAL SOUTH › Section 16.04.07.030 - FEES

Current through August 31, 2023
01.
State Hospital North (SHN) -
			 Diagnostic and Treatment Unit Costs
. Costs per patient day for the
			 diagnostic and treatment units will be determined by annual cost allocations
			 and will be effective the first day of October of each calendar year.
			 (3-15-22)
02.
State Hospital
			 South (SHS) - Nursing Facility and Treatment Unit Costs
. Costs per
			 patient day for the nursing facility and individual treatment units will be
			 determined by annual cost allocations and will be effective the first day of
			 October of each calendar year. (3-15-22)
03.
Specialized Service Costs
.
			 Specialized services provided by the Hospital Mini Clinic will be billed in
			 addition to the cost per patient day and receipts will be deducted from cost
			 allocations. Specialized services provided outside SHN or SHS will be billed in
			 addition to cost per patient day. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.07 - FEES FOR STATE HOSPITAL NORTH AND STATE HOSPITAL SOUTH › Section 16.04.07.050 - CHARGES

Current through August 31, 2023
Charges will be established and billed based on fees calculated
				for services provided. The ability of a patient or responsible relative to pay
				charges will be determined from the following: (3-15-22)
01.
Insurance
. (3-15-22)
a. State Hospital North (SHN) - Claims will
			 be itemized by cost per patient day unless the insurance requires a claim
			 itemized by cost per service. No insurance claim will be filed without an
			 assignment of insurance benefits to the hospital. All benefits from insurance
			 must be made available in total to be applied toward payment of fees set forth
			 herein. (3-15-22)
b. State Hospital
			 South (SHS) - Patients with third-party insurance capability will be charged
			 one hundred percent (100%) of cost. No insurance claims will be filed without
			 an assignment of insurance benefits to SHS. All benefits from insurance must be
			 made available in total to be applied toward payment of fees set forth herein.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.07 - FEES FOR STATE HOSPITAL NORTH AND STATE HOSPITAL SOUTH › Section 16.04.07.070 - WAIVER

Current through August 31, 2023
Upon a showing of good cause, the Administrators of SHN or SHS
				or a designee may waive a patient's fees for any given month or portion
				thereof. Also, the Administrator of State Hospital North or designee may
				increase or decrease the amount set aside for patient personal needs.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.07 - FEES FOR STATE HOSPITAL NORTH AND STATE HOSPITAL SOUTH › Section 16.04.07.090 - PERSONAL NEEDS ALLOWANCE

Current through August 31, 2023
01.
State
			 Hospital North (SHN)
. (3-15-22)
a.
			 Set-Aside Amount. Excluded and set aside from all income or benefits for
			 patients will be a personal needs allowance established by the hospital or as
			 required by the benefit source. (3-15-22)
b. Use of Monies. These moneys will not be
			 applied toward payment of charges and will be accumulated and held for the
			 patient to spend for his personal needs. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Department has rulemaking authority under Section
				56-202, Idaho Code, and is
				authorized by the Low-Income Home Energy Assistance Act of 1981,
				42 U.S.C Sections
				8621 to
				8629. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.001 - SCOPE AND LIMITATIONS

Current through August 31, 2023
01.
Scope
. This program provides assistance to eligible low-income
			 households that pay the highest proportion of their income for home energy
			 needs. (4-6-23)
02.
Program
			 Limitation
. This federally funded program does not entitle any household
			 to a certain amount or form of assistance. An eligible participant household
			 will receive one (1) benefit payment from the standard program funding each
			 program year. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.010 - DEFINITIONS

Current through August 31, 2023
01.
Crisis Assistance
. Energy
			 assistance provided to an eligible participant household to reduce or eliminate
			 an energy-related, health-threatening situation to the household.
			 (4-6-23)
02.
Department
. The Department of Health and Welfare or its designee.
			 (4-6-23)
03.
Federal Poverty
			 Guidelines (FPG)
. The federal poverty guidelines issued annually by the
			 U. S. Department of Health and Human Services (HHS),
http://aspe.hhs.gov/poverty/
.
			 (4-6-23)
04.
Fraud
. A
			 deliberate attempt to conceal or misrepresent pertinent information that could
			 affect eligibility or grant amounts. (4-6-23)
05.
Head of Participant
			 Household
. The person designated by the household members to receive
			 energy assistance benefit on behalf of the household and in whose favor the
			 energy assistance warrant is written. (4-6-23)
06.
Income
. The gross amount of
			 moneys received by the participant household from all sources.
			 (4-6-23)
07.
Participant
. An individual who has applied for the Low-Income Home
			 Energy Assistance Program from the state of Idaho. (4-6-23)
08.
Participant Household
. A
			 participant household is one (1) of the following: (4-6-23)
a. An individual who lives alone; or
			 (4-6-23)
b. A group of individuals
			 living together as one (1) economic unit where residential energy is purchased
			 in common or they make undesignated payments for energy in the form of rent.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.100 - PARTICIPANT CASE RECORD

Current through August 31, 2023
The participant case record is the documentary basis justifying
				the expenditure of LIHEAP funds. All material pertinent to a participant
				household will be retained for a permanent record. Eligibility determinations
				are supported by information in the permanent record showing that each
				eligibility requirement is met, or that one (1) or more eligibility
				requirements are not met. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.101 - ELIGIBLE ACTIVITIES

Current through August 31, 2023
Funds made available through the LIHEAP grant will be used as
				follows: (4-6-23)
01.
Home
			 Utility and Bulk Fuel Costs
. These costs include those incurred by the
			 eligible participant household for electricity, natural gas, and bulk fuel for
			 home energy needs, but does not include costs incurred for telephone, water,
			 trash, or sewer. (4-6-23)
02.
Governor Declared Emergency or Disaster
. A portion of the LIHEAP
			 grant funds may be used for home heating supply shortages experienced by the
			 participant household or a weather-related emergency which threatens the health
			 or lives of an area's inhabitants such that the Governor declares a state of
			 emergency. (4-6-23)
03.
Catastrophic Illness Costs
. Households with income exceeding eligibility
			 guidelines may be eligible due to catastrophic illness. The household's
			 unreimbursed medical expenses from the previous twelve (12) months are
			 subtracted from the household's gross income for the same period. If the
			 household then meets income guidelines, the Department makes a final
			 eligibility determination. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.102 - PARTICIPANT RIGHTS

Current through August 31, 2023
The Department must inform participants of the following rights
				during the application and eligibility determination process: (4-6-23)
01.
Right to Apply
. Any
			 participant household will be given the opportunity, without delay, to apply
			 for LIHEAP benefits. (4-6-23)
02.
Right to a Hearing
. Rules governing hearing rights are contained
			 in IDAPA 16.05.03, "Contested Case Proceedings and Declaratory Rulings."
			 (4-6-23)
03.
Civil
			 Rights
. The rights of participant households must be respected under the
			 U.S. and Idaho Constitutions, the Social Security Act, Title VI of the Civil
			 Rights Act of 1964, the Rehabilitation Act of 1973, and all other relevant
			 provisions of federal and state law, including the avoidance of practices that
			 violate a person's privacy or subjection to harassment. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.103 - PARTICIPANT RESPONSIBILITIES

Current through August 31, 2023
Applicants of LIHEAP benefits will, to the extent permitted by
				their physical and mental condition, provide all necessary and reasonable
				verification to establish eligibility, and otherwise cooperate in the
				eligibility determination process. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.104 - RELATIONSHIP TO OTHER PROGRAMS

Current through August 31, 2023
LIHEAP benefits paid to eligible participant households will
				not be counted as income or resources for any purpose under any federal or
				state law, including any law relating to taxation, public assistance, or
				welfare programs. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.150 - ELIGIBILITY REQUIREMENTS AND COLLATERAL CONTACTS

Current through August 31, 2023
All participant households assisted through LIHEAP must provide
				proof they meet the eligibility requirements. (4-6-23)
01.
Failing to Meet Eligibility
.
			 Participant households failing to meet the eligibility requirements will be
			 denied LIHEAP assistance. (4-6-23)
02.
Participant's Signature
. A
			 participant's signature on the application is their consent for the Department
			 to contact collateral sources for verification of the eligibility
			 requirement(s). (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.151 - INCOME ELIGIBILITY REQUIREMENTS

Current through August 31, 2023
01.
Households Receiving SSI or Food Stamps
. Households in which one (1) or
			 more individuals are receiving one (1) of the following are eligible for
			 LIHEAP: (4-6-23)
a. Supplemental Security
			 Income (SSI) under Title XVI of the Social Security Act; or (4-6-23)
b. Food Stamps under the Food Stamp Act of
			 1977, under 7 USC
			 2011 through
			 2027. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.152 - NON-FINANCIAL ELIGIBILITY REQUIREMENTS

Current through August 31, 2023
01.
Residence
. When the application is completed, the household must reside
			 in the state of Idaho. LIHEAP benefits are not transferable to an out-of-state
			 residence. (4-6-23)
02.
Living Situations
. The household resides in housing where they are
			 responsible for home energy costs and incur the costs either directly or as an
			 undesignated portion of their rent. (4-6-23)
03.
Native Americans
. Native
			 American households whose tribe has entered into a separate agreement with the
			 federal funding agency and the Department to receive LIHEAP grant funds, are
			 not entitled to benefits under this program unless: (4-6-23)
a. Tribal funds are not available.
			 (4-6-23)
b. Funds are depleted and
			 an emergency exists. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.201 - APPLICATION PROCESS

Current through August 31, 2023
A participant will be provided a prompt opportunity to complete
				an application for assistance. (4-6-23)
01.
Date of Application
. The
			 participant application process begins the date the completed and signed
			 application is received. (4-6-23)
02.
Participant Representation
.
			 A participant household may be assisted by an adult person or persons of their
			 choice and, when accompanied by such persons, may be represented by them.
			 (4-6-23)
03.
Signature
. The application must be signed by the participant designated
			 as the head of household, or their designee. Electronic signatures are
			 acceptable. (4-6-23)
a. Applications signed by
			 a designee must have a letter of authorization or power of attorney from the
			 participant included in the file. (4-6-23)
b. Department employees are not authorized to
			 sign the application. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.202 - APPLICATION TIME LIMITS AND DISPOSAL ACTIONS

Current through August 31, 2023
Unless circumstances beyond the Department's control prohibit
				it, each application is to be acted upon within thirty (30) days from the date
				the application is completed and signed by the participant. An application for
				LIHEAP assistance will be disposed of by one (1) of the following three (3)
				methods: (4-6-23)
01.
Approval
. A determination the participant household is eligible for
			 LIHEAP benefits. (4-6-23)
02.
Denial
. A determination the participant household is ineligible
			 for LIHEAP benefits or that eligibility could not be determined due to lack of
			 necessary information or verification. (4-6-23)
03.
Withdrawal
. The participant
			 household voluntarily requests that no further consideration be given to their
			 application or the participant becomes deceased. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.203 - NOTIFICATION OF DECISION

Current through August 31, 2023
Each participant household will be notified, in writing, of the
				decision made with regard to their LIHEAP application for assistance.
				(4-6-23)
01.
Approvals
.
			 When the application is completed, the participant household will receive a
			 copy of their preliminary approval notification. The Department issuance of the
			 benefit payment or denial notice will be the participant household's formal
			 eligibility notification. (4-6-23)
02.
Denials or Withdrawals
. The
			 LIHEAP Notice of Denial will be provided to participant households denied
			 assistance and include the reason for the denial and an explanation of the
			 participant household's right to appeal the eligibility decision.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.300 - VENDOR AGREEMENTS

Current through August 31, 2023
All participating energy suppliers will enter into a vendor
				agreement with the Department to provide home energy assistance to eligible
				participant households. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.301 - OVERPAYMENTS

Current through August 31, 2023
Payments issued on behalf of a participant household that is
				not eligible must be repaid to the Department. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.302 - RECOUPMENT OF OVERPAYMENT

Current through August 31, 2023
01.
Recoupment
. The Department may recoup or recover the amount issued on
			 behalf of a LIHEAP participant. Interest will accrue on overpayments at the
			 statutory rate set under Section
			 28-22-104, Idaho Code, from the
			 date of the final determination of the amount owed for services. Recoupment of
			 an overpayment based on Department error may be collected from a vendor or
			 participant when the overpayment is one hundred dollars ($100), or more.
			 Interest will not accrue on overpayments made due to Department error. An
			 overpayment due to vendor or participant error, intentional program violations
			 (IPV), or fraud must be recovered in full. (4-6-23)
02.
Repayment
. A vendor or
			 participant must repay any overpayment, but may negotiate a repayment schedule
			 with the Department. Failure to comply with the negotiated repayment agreement
			 will result in revocation of that agreement and may result in the revocation of
			 the vendor agreement. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.310 - INTENTIONAL PROGRAM VIOLATIONS (IPV)

Current through August 31, 2023
An IPV is an intentionally false or misleading action or
				statement. An IPV is established when a vendor or participant admits the IPV in
				writing and waives the right to an administrative hearing, or when determined
				by an administrative hearing, a court decision, or through deferred
				adjudication. Deferred adjudication exists when the court defers a
				determination of guilt because the accused vendor or participant meets the
				terms of a court order or an agreement with the prosecutor. The following are
				IPVs: (4-6-23)
01.
False
			 Statement
. Made to the Department by an individual or vendor orally or
			 in writing, to participate in LIHEAP. (4-6-23)
02.
Misleading Statement
. Made
			 to the Department by an individual or vendor orally or in writing, to
			 participate in LIHEAP. (4-6-23)
03.
Misrepresentation of Fact
. Made to the Department by an individual
			 or vendor orally or in writing, to participate in LIHEAP. (4-6-23)
04.
Concealed Fact
. Concealed or
			 withheld from the Department by an individual or vendor to participate in
			 LIHEAP. (4-6-23)
05.
Non-Compliance with Rules and Regulations
. (4-6-23)
06.
Violation of Vendor
			 Agreement
. (4-6-23)
07.
Failure to Repay
. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.311 - PENALTIES FOR AN IPV

Current through August 31, 2023
When the Department determines an IPV was committed, the
				participant or vendor who committed the IPV loses eligibility to participate in
				LIHEAP. If an individual in a LIHEAP household has committed an IPV, the entire
				household is ineligible for LIHEAP. If a vendor has committed an IPV, the
				vendor is ineligible to receive payments. The period of ineligibility for each
				offense, for both a participant or a vendor, is as follows: (4-6-23)
01.
First Offense
. Twelve (12)
			 months, for the first IPV or fraud offense, or the length of time specified by
			 the court. (4-6-23)
02.
Second Offense
. Twenty-four (24) months for the second IPV or fraud
			 offense, or the length of time specified by the court. (4-6-23)
03.
Third Offense
. Permanent
			 ineligibility for the third or subsequent IPV or fraud offense, or the length
			 of time specified by the court. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.320 - DENIAL OF PAYMENT

Current through August 31, 2023
The Department may deny payment to the vendor or participant
				for the following reasons: (4-6-23)
01.
Services Not Provided
. Any
			 or all claims for vendor services the Department determines were not provided.
			 (4-6-23)
02.
Contrary to
			 Rules or Provider Agreement
. Vendor services provided contrary to these
			 rules or the vendor agreement. (4-6-23)
03.
Failure to Provide Immediate Access
			 to Records
. The vendor does not allow immediate access by the Department
			 to LIHEAP records. (4-6-23)
04.
Willful Misrepresentation or Concealment of Facts
. The vendor or
			 participant willfully misrepresents or conceals facts relating to LIHEAP.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.350 - TERMINATION OF VENDOR STATUS

Current through August 31, 2023
Under Section
				56-209h, Idaho Code, the
				Department may terminate the vendor agreement of, or otherwise deny vendor
				status for up to five (5) years from when the Department's action becomes final
				to any individual or entity providing LIHEAP. The following are bases for the
				Department to terminate vendor status: (4-6-23)
01.
Knowing Submission of an Incorrect
			 Claim
. (4-6-23)
02.
Submission of a Fraudulent Claim
. (4-6-23)
03.
False Statements
. Knowingly
			 making a false statement or representation of material facts in any document
			 required to be maintained or submitted to the Department. (4-6-23)
04.
Failure to Provide Immediate
			 Access to Required Documentation Upon the Department's Written Request
.
			 (4-6-23)
05.
Non-Compliance
			 With Rules and Regulations
. (4-6-23)
06.
Violation of Material Term or
			 Condition of the Vendor Agreement
. (4-6-23)
07.
Failure to Repay
. Failure by
			 a managing employee or one with an ownership or control interest in any entity
			 to repay overpayments or claims previously found to have been obtained contrary
			 to statute, rule, regulation, or vendor agreement. (4-6-23)
08.
Fraudulent or Abusive Conduct in
			 the Delivery of LIHEAP-Funded Services
. Being found, or being a managing
			 employee in any entity who is found, to have engaged in fraudulent or abusive
			 conduct. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.352 - VENDOR OR PARTICIPANT NOTIFICATION

Current through August 31, 2023
When the Department determines any actions under Sections
				310 through
				350 of these rules are appropriate,
				it will send written notice of the decision to the vendor or participant. The
				notice will state the basis for the action, the length of the action, the
				effect of the action on the participant or the vendor's ability to provide
				services under state and federal programs, and appeal rights. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.14 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 16.04.14.995 - PROVISIONS CONTINGENT UPON FEDERAL FUNDING

Current through August 31, 2023
These rules are contingent upon availability and receipt of
				funds appropriated through federal legislation. When federal funds are not
				available, these provisions or any part therein are considered dormant; there
				may be no advance notice of termination or reduction of benefits. If additional
				funds are available, a supplemental payment may be made, in an equitable
				manner, to each eligible household at the discretion of the Director.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Board of Health and Welfare is authorized under the
				Developmental Disabilities Services and Facilities Act, Sections
				39-4601 et seq., Idaho Code, and
				under Section
				56-1003, Idaho Code, to adopt and
				enforce rules, standards, and certification criteria for Residential
				Habilitation Agencies and provide for the delivery of appropriate services of
				habilitation and rehabilitation to the eligible population. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 16.04.17, "Residential Habilitation
			 Agencies." (3-17-22)
02.
Scope
. These rules govern: (3-17-22)
a.
			 The certification of residential habilitation agencies; and (3-17-22)
b. Establish standards and minimum
			 requirements for agencies that provide residential habilitation services. The
			 provisions are intended to regulate agencies so that services to participants
			 will optimize participant opportunities for independence and self-determination
			 while assuring adequate supports, services, participant satisfaction, and
			 health and safety. Residential habilitation agencies will provide
			 individualized services and supports encouraging participant choice, providing
			 the greatest degree of independence possible, enhancing the quality of life,
			 and maintaining community integration and participation. Services provided by
			 such agencies are intended to be person-centered and participant-driven, and
			 based on a person-centered plan to meet each participant's needs for
			 self-sufficiency, medical care, and personal development with goals that safely
			 encourage each participant to become a productive member of the community in
			 which they live. Access to these services must be authorized in accordance to
			 the procedures of the paying entity. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.009 - CRIMINAL HISTORY AND BACKGROUND CHECK REQUIREMENTS

Current through August 31, 2023
01.
Verification of Compliance
.
			 The agency must verify that all employees and subcontractors delivering
			 residential habilitation agency services have complied with IDAPA 16.05.06,
			 "Criminal History and Background Checks." (3-17-22)
02.
Requirement to Report Additional
			 Criminal Convictions, Pending Investigations, or Pending Charges
. Once
			 an employee or subcontractor delivering residential habilitation agency
			 services has received a criminal history clearance, any additional criminal
			 convictions, pending investigations, or pending charges must be reported to the
			 Department or its designee by the close of the next business day when the
			 agency learns of the convictions, investigations, or charges.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.100 - TYPES OF CERTIFICATES ISSUED

Current through August 31, 2023
The Department issues certificates that are in effect for a
				period of no longer than three (3) years. The types of certificates issued are
				as follow: (3-17-22)
01.
Initial Certificate
. When the Department determines that all 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 the agency's
			 ongoing capability to provide services and is in 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 which
			 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. A provisional certificate is issued contingent upon
			 the correction of deficiencies in accordance to a plan developed by the agency
			 and approved by the Department. 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.
			 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 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.101 - CERTIFICATION - GENERAL REQUIREMENTS FOR AGENCIES

Current through August 31, 2023
01.
Certificate Required
. (3-17-22)
a. No agency may provide services within this
			 state until the Department has approved the application for certification and
			 issued the agency a certificate. No agency may provide services within this
			 state without a current certificate. (3-17-22)
b. The Department is not required to consider
			 the application of any operator, administrator, or owner of an agency whose
			 license or certification has been revoked until five (5) years have lapsed from
			 the date of revocation. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.102 - 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 all rule
			 requirements; or (3-17-22)
b. The
			 agency does not meet requirements for certification to the extent that it
			 hinders its ability to provide quality services that comply with the rules for
			 residential habilitation agencies; or (3-17-22)
c. The application is incomplete; or
			 (3-17-22)
d. The applicant, owner,
			 operator, or provider has willfully misrepresented or omitted information on
			 the application or other documents pertinent to obtaining a certificate;
			 (3-17-22)
e. The applicant, owner,
			 operator, or provider has been denied or has had revoked any license or
			 certificate for a health facility, residential assisted living facility,
			 certified family home, or residential habilitation agency; or
			 (3-17-22)
f. The applicant, owner,
			 operator, or provider has been convicted of operating a health facility,
			 residential assisted living facility, certified family home, or residential
			 habilitation agency without a license or certificate; or (3-17-22)
g. A court has ordered that the applicant,
			 owner, operator, or provider must not operate a health facility, residential
			 assisted living facility, certified family home, or residential habilitation
			 agency. (3-17-22)
h. The Department
			 will not review an application of an applicant who has 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 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.103 - RENEWAL AND EXPIRATION OF CERTIFICATE

Current through August 31, 2023
An agency must request, through a Department-approved process,
				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)
01.
Renewal of
			 Certificate
. A certificate may be renewed by the Department when it
			 determines the agency requesting recertification is in substantial compliance
			 with the provisions of this chapter of rules. A certificate issued on the basis
			 of substantial compliance is contingent upon the correction of deficiencies in
			 accordance with a plan developed by the agency and approved by the Department.
			 (3-17-22)
02.
Expiration of
			 Certificate Without Timely Request for Renewal
. Expiration of a
			 certificate without a timely request for renewal automatically rescinds the
			 agency's certification to deliver services under these rules.
			 (3-17-22)
03.
Availability of
			 Certificate
. The certificate must be available upon request by the
			 Department, a participant, their guardian, and members of the public.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.104 - CERTIFICATE NOT TRANSFERABLE

Current through August 31, 2023
The certificate is issued only to the agency named in the
				application, only for the period specified, only for the location indicated in
				the application, and only 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 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.105 - RETURN OF CERTIFICATE

Current through August 31, 2023
The certificate is the property of the state and must be
				returned to the state if it is revoked or suspended or voluntarily closed.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.106 - CHANGE OF OWNERSHIP, ADMINISTRATOR, OR LOCATION

Current through August 31, 2023
01.
Notification to Department
.
			 When a change of ownership, or locations is contemplated, the agency must be
			 recertified and implement the same procedure as an agency that has never been
			 certified. When a change of a certified agency's ownership, administrator, 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)
02.
New Application
			 Required
. In the instance of a change of ownership or lessee the new
			 owner must submit a new application to the Department at least sixty (60) days
			 prior to the proposed date of change. The new application must be submitted to
			 the Division of Licensing and Certification through the Department-approved
			 process and must contain the required information under Section
			 101.02 of these rules.
			 (3-17-22)