reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.030 - ISSUANCE OF LICENSE

Current through August 31, 2023
An ICF/IID license is issued when the Department finds that the
				applicant has demonstrated compliance with the requirements in Idaho statutes
				and these rules. (3-17-22)
01.
License Issued Only to Named Applicant and Location
. Each license is
			 issued only for the premises and persons or governmental units named in the
			 application, as required in Section
			 39-1305, Idaho Code.
			 (3-17-22)
02.
License
			 Specifies Maximum Allowable Beds
. Each license specifies the maximum
			 allowable number of beds in each facility, which may be exceeded only on an
			 emergency basis, for the minimum amount of time required to address the
			 emergency. This emergency exception must be authorized by the Department.
			 (3-17-22)
03.
Initial
			 License
. When the Department determines that all required application
			 information has been received and demonstrates compliance, a license is issued.
			 The initial license expires at the end of the calendar year in which the
			 license was issued. (3-17-22)
04.
Provisional License
. A provisional license issued to an ICF/IID is
			 valid for a period not to exceed six (6) months from the date of issuance by
			 the Department. A provisional license may be issued in order for the facility
			 to: (3-17-22)
a. Implement administrative
			 changes; (3-17-22)
b. Implement
			 structural changes to a facility's premises; or (3-17-22)
c. Work on correcting deficiencies to bring
			 the facility into compliance with statutory requirements and these rules.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.031 - EXPIRATION AND RENEWAL OF LICENSE

Current through August 31, 2023
An ICF/IID license issued by the Department is valid until the
				end of the calendar year in which it is issued. The license is renewed annually
				unless the license is revoked or suspended. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.040 - DISPLAY OF LICENSE

Current through August 31, 2023
Under Section
				39-1305, Idaho Code, an ICF/IID
				must post its license in a conspicuous place on the premises visible to the
				general public. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.050 - DENIAL OR REVOCATION OF LICENSE

Current through August 31, 2023
Under Section
				39-1306, Idaho Code, the
				Department may deny an application for an ICF/IID license or revoke an existing
				license. (3-17-22)
01.
Notice to
			 Deny or Revoke
. The Department will send a written notice to the
			 applicant or licensee by certified mail, registered mail, or personal delivery
			 service, to deny or revoke a license or application. The notice will inform the
			 applicant or licensee of the opportunity to request a hearing as provided in
			 IDAPA 16.05.03, "Contested Case Proceedings and Declaratory Rulings."
			 (3-17-22)
02.
Major
			 Deficiency
. The Department may deny an application for a license or
			 revoke an existing license if a major deficiency exists in the compliance of
			 the ICF/IID with the provisions of Idaho Code, federal regulations, or of these
			 rules. A major deficiency is: (3-17-22)
a. Any
			 violation of ICF/IID requirements contained in Idaho Code, federal regulations,
			 or these rules that would endanger the health, safety, or welfare of any
			 individual; (3-17-22)
b. Any
			 repeated violations of any requirements in Idaho Code, federal regulations, or
			 these rules; or (3-17-22)
c. The
			 accumulation of minor violations at the facility that, taken as a whole, would
			 endanger the health, safety, or welfare of any individual.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.060 - SUMMARY SUSPENSION OF LICENSE

Current through August 31, 2023
The Director may summarily suspend any ICF/IID license in the
				event of any emergency endangering the health, safety, or welfare of an
				individual in the facility. The Director will provide an opportunity for a
				contested case hearing under IDAPA 16.05.03, "Contested Case Proceedings and
				Declaratory Rulings." (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.070 - RETURN OF SUSPENDED, REVOKED, OR RELINQUISHED LICENSE

Current through August 31, 2023
Each ICF/IID license is the property of the State of Idaho and
				must be returned to the Department immediately upon its suspension, revocation,
				or the voluntary closure of the facility. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.080 - WAIVER

Current through August 31, 2023
Under Section
				39-1306, Idaho Code, a temporary
				or permanent waiver to these rules and minimum standards, either in whole or in
				part, may be granted by the Department to an ICF/IID on a case-by-case basis
				under the following conditions: (3-17-22)
01.
Waiver for Good Cause
. The
			 Department finds good cause to grant a waiver and no individual's health,
			 safety, or welfare is endangered by the waiver being granted.
			 (3-17-22)
02.
No
			 Precedent
. Precedent will not be set by granting the requested waiver,
			 and such waiver will have no force or effect in any other proceeding.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.100 - GOVERNING BODY AND MANAGEMENT

Current through August 31, 2023
The requirements of Sections
				100 through
				199 of these rules are
				modifications and additions to the requirements in
				42 CFR
				483.410 -
				483.410(e),
				Condition of Participation: Governing Body and Management incorporated in
				Section 004 of these
				rules. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.101 - GOVERNING BODY DUTIES

Current through August 31, 2023
01.
Unrelated to Owner
. The governing body of each ICF/IID must ensure that
			 individuals residing at the ICF/IID are unrelated to the owner.
			 (3-17-22)
02.
Appointment of
			 Administrator
. The governing body of each licensed ICF/IID must appoint
			 an administrator. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.102 - ADMINISTRATOR

Current through August 31, 2023
01.
Administrator Requirements
.
			 Each ICF/IID must have an administrator who: (3-17-22)
a. Is at least twenty-one (21) years of age;
			 (3-17-22)
b. Is responsible and
			 accountable for implementation of the policies established by the governing
			 body; (3-17-22)
c. Has a minimum
			 three (3) years direct experience working in an ICF/IID setting; and
			 (3-17-22)
d. Meets all other
			 qualifications required by the facility's governing body.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.110 - FACILITY RECORDS

Current through August 31, 2023
01.
Records
			 Available Upon Request
. Each ICF/IID must be able to print and provide
			 paper copies of electronic records upon the request of the individual who is
			 the subject of the requested records, the individual's legal guardian, payer,
			 or the Department. (3-17-22)
02.
Census Register
. Each ICF/IID must maintain a census register that
			 lists: (3-17-22)
a. The name of each
			 individual residing in the facility; (3-17-22)
b. The individual's date of admission and
			 discharge; and (3-17-22)
c. A daily
			 census of each individual who is in the facility on any given day.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.120 - ADMINISTRATIVE REQUIREMENTS - PERSONNEL

Current through August 31, 2023
Each ICF/IID must employ personnel sufficient in number and
				qualifications to meet, at a minimum, the quality of care mandated by law and
				these rules for all individuals' needs in the facility. (3-17-22)
01.
Job Descriptions
. Current
			 job descriptions outlining the authority, responsibilities, and duties of all
			 personnel in the facility, including the administrator, must be established and
			 maintained as required by the governing body. A copy of an employee's
			 particular job description must be provided to each employee.
			 (3-17-22)
02.
Policies and
			 Procedures
. The facility must ensure that explicit and uniform policies
			 and procedures are established for each employment position concerning hours of
			 work, overtime, and related personnel matters. A statement of these policies
			 must be provided to each employee. (3-17-22)
03.
Daily Work Schedules
. Daily
			 work schedules must be maintained that show the personnel on duty at any given
			 time for the previous three (3) month period. These schedules must be kept up
			 to date and identify the employee as follows: (3-17-22)
a. First and last names; (3-17-22)
b. Professional designations such as
			 registered nurse (RN), licensed practical nurse, (LPN), QIDP; and
			 (3-17-22)
c. Employment position in
			 the facility. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.200 - CLIENT PROTECTIONS

Current through August 31, 2023
The requirements of Sections
				200 through
				299 of these rules are
				modifications and additions to the requirements in
				42 CFR
				483.420 -
				483.420(d)(4),
				Condition of Participation: Client Protections incorporated in Section
				004 of these rules.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.201 - INDIVIDUAL ADVOCATE

Current through August 31, 2023
An individual advocate is a person whose primary responsibility
				is to help ensure the individual's rights are not violated and to act in the
				best interest of the individual. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.202 - APPOINTED ADVOCATE

Current through August 31, 2023
The administrator of an ICF/IID must appoint an advocate for an
				individual with input from the individual's IDT when the following exists:
				(3-17-22)
01.
Parent or Legal
			 Guardian Unable to Participate
. The individual's parent or legal
			 guardian is unable or unwilling to participate, or is unavailable after
			 reasonable efforts to contact them for participation have been made.
			 (3-17-22)
02.
Individual
			 Unable to Make Informed Decisions
. An individual "lacks capacity to make
			 informed decisions" as defined in Section
			 66-402(9), Idaho
			 Code. The IDT must determine and document in the individual's record the
			 specific impairment that has rendered the individual incapable of understanding
			 their own rights. (3-17-22)
03.
Requested by Individual, Parent, or Guardian
. An advocate is
			 requested by the individual, their parent, or their guardian.
			 (3-17-22)
04.
Advise
			 Individual of Rights
. The fact that an individual has been determined to
			 be incompetent or incapable does not absolve the facility from advising the
			 individual of their rights to the extent that the individual is able to
			 understand them. (3-17-22)
05.
Advocate Selection
. The administrator must ensure that all
			 individuals are represented only by persons who are not employed by the
			 facility. The priority for selection of advocates will be in the following
			 order: (3-17-22)
a. Parent(s);
			 (3-17-22)
b. An interested family
			 member; or (3-17-22)
c. Other
			 interested parties. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.203 - ADVOCATES' RIGHTS

Current through August 31, 2023
Each advocate has the following rights: (3-17-22)
01.
Be Informed
. To be informed
			 of activities related to the individual that may be of interest to them or of
			 significant changes in the individual's condition. (3-17-22)
02.
Visitation Rights
. To visit
			 the individual and all parts of the facility that provide services to the
			 individual at any reasonable hour and without prior notice, unless
			 contraindicated by the individual's needs or such practice infringes upon the
			 privacy and rights of others. (3-17-22)
03.
Prompt Communications
. To
			 receive prompt replies to any communication sent to the facility regarding the
			 individual. (3-17-22)
04.
Written Interpretation of Evaluations
. To be given within thirty (30)
			 days of admission to the facility, a written interpretation of the evaluation
			 that is conducted for the individual. The administrator of the facility must
			 provide a written interpretation of any and all subsequent evaluations.
			 (3-17-22)
05.
Discharge
			 Counseling
. To be counseled as to the advantages and disadvantages of
			 discharging the individual from the facility, including admission to another
			 facility. (3-17-22)
06.
Prompt Notification of Significant Events
. To be notified promptly in
			 the event of any unusual occurrence, including serious illness or accident,
			 impending death, and/or death; and in the case of death, to be told of autopsy
			 findings if an autopsy is performed. (3-17-22)
07.
Access to Individual
'
s
			 Records
. To be given access to all of the individual's records that
			 pertain to their active treatment, subject to the requirements specified in
			 IDAPA 16.05.01, "Use and Disclosure of Department Records." (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.300 - FACILITY STAFFING

Current through August 31, 2023
The requirements of Sections
				300 through
				399 of these rules are
				modifications and additions to the requirements in
				42 CFR
				483.430 -
				483.430(e)(4),
				Condition of Participation: Facility Staffing incorporated in Section
				004 of these rules.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.301 - INTERNS AND VOLUNTEERS

Current through August 31, 2023
Volunteers and interns must be under the direct supervision of
				facility staff during all times of direct contact with individuals.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.400 - ACTIVE TREATMENT SERVICES

Current through August 31, 2023
The requirements of Sections
				400 through
				499 of these rules are
				modifications and additions to the requirements in
				42 CFR
				483.440 -
				483.440(f)(4),
				Condition of Participation: Active Treatment Services incorporated in Section
				004 of these rules.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.500 - CLIENT BEHAVIOR AND FACILITY PRACTICES

Current through August 31, 2023
The requirements of Sections
				500 through
				599 of these rules are
				modifications and additions to the requirements in
				42 CFR
				483.450 -
				483.450(e)(4)(iii),
				Condition of Participation: Client Behavior and Facility Practices incorporated
				in Section 004 of these rules.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.501 - MANAGEMENT OF INAPPROPRIATE INDIVIDUAL BEHAVIOR

Current through August 31, 2023
The application of painful or noxious stimuli and the use of
				enclosures are prohibited. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.600 - HEALTH CARE SERVICES

Current through August 31, 2023
The requirements of Sections
				600 through
				699 of these rules are for
				modifications and additions to the requirements in
				42 CFR
				483.460 -
				483.460(n)(2),
				Condition of Participation: Health Care Services incorporated in Section
				004 of these rules.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.700 - PHYSICAL ENVIRONMENT

Current through August 31, 2023
The requirements of Sections
				700 through
				799 of these rules are
				modifications and additions to the requirements in
				42 CFR
				483.470 -
				483.470(1)(4),
				Condition of Participation: Physical Environment, incorporated in Section
				004 of these rules. Other documents
				incorporated in Section
				004 of these rules related to an
				ICF/IID physical environment are the NFPA's Life Safety Code and IDAPA
				24.39.30, "Rules of Building Safety." (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.701 - ENVIRONMENTAL SANITATION STANDARDS

Current through August 31, 2023
Each ICF/IID must ensure that its environment promotes the
				health, safety, independence, and learning of each individual in the facility.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.702 - ENVIRONMENTAL STANDARDS - WATER, SEWER, AND GARBAGE

Current through August 31, 2023
01.
Water Supply
. Each ICF/IID must have a water supply that is
			 adequate, safe, and of a sanitary quality. The water supply must: (3-17-22)
a. Be from an approved public or municipal
			 water supply; or (3-17-22)
b. Be
			 from a private water supply that meets the standards approved by the
			 Department, when an approved public or municipal water supply is not available.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.703 - ENVIRONMENTAL STANDARDS - CHEMICALS AND PESTICIDES

Current through August 31, 2023
01.
Rodent and Pest Control
. Each ICF/IID must be maintained free from
			 insects, rodents, vermin, and other pests. (3-17-22)
a. Chemicals and pesticides must be selected
			 on the basis of the pest involved and used only in the manner prescribed by the
			 manufacturer that is registered with the Idaho Department of Agriculture; and
			 (3-17-22)
b. Chemicals and
			 pesticides used in the facility's pest control program must be used and stored
			 to meet local, state, and federal requirements. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.704 - ENVIRONMENTAL STANDARDS - LINENS AND LAUNDRY SERVICES

Current through August 31, 2023
01.
Linens Provided
. Each
			 ICF/IID must have available at all times a quantity of linens sufficient for
			 the proper care and comfort of its individuals. The linens must: (3-17-22)
a. Be of good quality, not thread-bare, torn,
			 or badly stained; and (3-17-22)
b.
			 Be handled, processed, and stored in an appropriate manner that prevents
			 contamination. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.705 - ENVIRONMENTAL STANDARDS - HOUSEKEEPING SERVICES

Current through August 31, 2023
Each ICF/IID must have sufficient housekeeping and maintenance
				personnel and equipment to maintain the interior and exterior of the facility
				in a safe, clean, orderly, and attractive manner. (3-17-22)
01.
Facility Interior
. Floors,
			 walls, ceilings, and other interior surfaces, equipment, and furnishings must
			 be maintained in a clean and sanitary manner. (3-17-22)
02.
Housekeeping Procedures
.
			 Each ICF/IID must have written procedures for cleaning surfaces and equipment
			 that is explained to each person engaged in housekeeping duties. An individual
			 in the facility who is engaged in facility housekeeping duties as part of their
			 training program must be supervised by the facility's program personnel
			 according to the individual's assessed needs. (3-17-22)
03.
Requirements After Individual
			 Discharged
. After discharge of an individual the facility must ensure
			 that the individual's room is thoroughly cleaned, including the bed, bedding,
			 linens, and furnishings. (3-17-22)
04.
Deodorizers
. Deodorizers and
			 other products must not be used to cover odors caused by poor housekeeping or
			 unsanitary conditions. (3-17-22)
05.
Housekeeping Equipment
. All
			 housekeeping equipment must be in good repair and maintained in a clean and
			 sanitary manner. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.710 - PHYSICAL FACILITY STANDARDS - EXISTING GENERAL REQUIREMENTS

Current through August 31, 2023
Each ICF/IID must meet the minimum standards related to
				physical construction and maintenance for all of its buildings used for ICF/IID
				services as required in Sections
				711 through
				712 of these rules. All buildings
				are subject to approval by the Department. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.712 - PHYSICAL FACILITY STANDARDS - INDIVIDUAL ACCOMMODATIONS FOR EXISTING CONSTRUCTION

Current through August 31, 2023
Each ICF/IID must provide accommodations for each individual
				that meet the following requirements: (3-17-22)
01.
Multi-Bedroom
. No more than
			 two (2) individuals can be housed in any multi-bedroom. (3-17-22)
02.
Windows
. Each individual's
			 room window area must be no less than one-eighth (1/8) of the floor area and
			 able to open. (3-17-22)
a. Suitable window
			 shades or drapes must be provided to control lighting in the room.
			 (3-17-22)
b. Windows must be
			 located to permit an individual to have a view through the windows from a
			 sitting position, allow for natural light, and room ventilation.
			 (3-17-22)
c. Windows must be
			 constructed to prevent any drafts when closed. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.730 - PHYSICAL FACILITY STANDARDS - NEW CONSTRUCTION

Current through August 31, 2023
Each ICF/IID must comply with IDAPA 24.39.30, "Rules of
				Building Safety," incorporated in Section
				004 of these rules, or with locally
				adopted code when more stringent. In addition to the construction and the
				physical facility standards for new construction, a facility must also comply
				with Sections 730 through
				732 of these rules. Additions to
				existing facilities, conversions of an existing building to a facility, and
				portions of facilities undergoing remodeling or alterations other than repairs,
				must meet these required standards. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.731 - PHYSICAL FACILITY STANDARDS - NEW CONSTRUCTION REQUIREMENTS

Current through August 31, 2023
01.
New Facility Life Safety Code
			 Requirements
. Each new ICF/IID must meet the provisions of the National
			 Fire Protection Association (NFPA) Standard 101, The Life Safety Code, as
			 incorporated in Section
			 004 of these rules, applicable to
			 an ICF/IID, as specified below: (3-17-22)
a.
			 Each new facility housing sixteen (16) individuals or less on the first floor
			 only, must meet the requirements of Chapter 32, New Residential Board and Care
			 Occupancies, Small Facilities, Impractical Evacuation Capabilities,
			 specifically the sections found within 32.1, 32.2 and 32.7, and the applicable
			 provisions of chapters 1 through 10. (3-17-22)
b. Each new facility housing individuals on
			 other than the first floor must meet the requirements of NFPA 101, the Life
			 Safety Code, Chapter 18, New Health Care Occupancies, Limited Care Facility.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.732 - PHYSICAL FACILITY STANDARDS - INDIVIDUAL ACCOMMODATIONS FOR NEW CONSTRUCTION

Current through August 31, 2023
Each ICF/IID must provide accommodations for each individual
				that meets the following requirements: (3-17-22)
01.
Bedrooms
. Each individual
			 bedroom must be of sufficient size to allow for the following: (3-17-22)
a. Eighty (80) square feet or more of usable
			 floor space per bed in a multiple-occupancy bedroom; and (3-17-22)
b. One hundred (100) square feet or more of
			 usable floor space for a single occupancy bedroom.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.740 - FIRE AND LIFE SAFETY STANDARDS - EXISTING FACILITY

Current through August 31, 2023
All buildings on the premises of an ICF/IID must meet all the
				requirements of local, state, and national codes concerning fire and life
				safety standards that are applicable to ICFs/IID. (3-17-22)
01.
General Requirements
. Each
			 ICF/IID must meet the following general requirements for the fire and life
			 safety standards: (3-17-22)
a. The facility
			 must be structurally sound and maintained and equipped to ensure the safety of
			 the individuals who reside there, employees, and the public.
			 (3-17-22)
b. On the premises of
			 each facility where natural or man-made hazards are present, suitable fences,
			 guards, and railings must be provided to protect the individuals who reside
			 there, employees, and the public. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.741 - FIRE AND LIFE SAFETY STANDARDS - EMERGENCY PLANS

Current through August 31, 2023
01.
Emergency Plans for Protection and
			 Evacuation of Individuals
. In cooperation with the local fire authority,
			 the administrator of each ICF/IID must develop a prearranged written plan for
			 employee response for protection of the individuals who reside there and for
			 orderly evacuation of these individuals in case of an emergency. These plans
			 must include procedures to meet all potential emergencies and disasters
			 relevant to the facility, such as fire, severe weather, and missing
			 individuals. (3-17-22)
a. The written
			 emergency plan for each facility must contain a diagram of the building showing
			 emergency protection equipment, evacuation routes, and exits. This diagram must
			 be conspicuously posted in a common area within the facility. An outline of
			 emergency instructions must be posted with the diagram. (3-17-22)
b. The facility must communicate the written
			 emergency plan to staff and train staff in the use of the written emergency
			 plan. (3-17-22)
c. The facility
			 must periodically review the written emergency plan and thoroughly test it to
			 ensure rapid and efficient function of the plan. (3-17-22)
d. The facility must hold unannounced
			 evacuation drills at least quarterly for each shift of personnel for a total of
			 no less than twelve (12) per year. The evacuation drills must be irregularly
			 scheduled throughout all shifts and under varied conditions. At least one (1)
			 drill per shift must be held on a Sunday or holiday. The facility must actually
			 evacuate individuals during at least one (1) drill each year on each shift.
			 (3-17-22)
e. The facility must
			 document evacuation drills, cite the problems investigated, and take the
			 appropriate corrective action for the identified problems.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.750 - VEHICLES

Current through August 31, 2023
Each ICF/IID that transports individuals must have a vehicle
				safety policy that meets the following: (3-17-22)
01.
Vehicle Safety Policy
			 Content
. Each ICF/IID must develop, implement, monitor, and maintain a
			 written vehicle safety policy for each vehicle owned, leased, or used that
			 includes: (3-17-22)
a. The establishment of a
			 preventative maintenance program for each vehicle; (3-17-22)
b. Vehicle inspections and other regular
			 maintenance needed to ensure individuals' safety; and (3-17-22)
c. Inspection of wheelchair lifts, securing
			 devices, and other devices necessary to ensure individuals' safety.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.11 - INTERMEDIATE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES (ICFS/IID) › Section 16.03.11.800 - DIETETIC SERVICES

Current through August 31, 2023
The requirements of Sections
				800 through
				899 of these rules are
				modifications and additions to the requirements of
				42 CFR
				483.480 -
				483.480(d)(5),
				Condition of Participation: Dietetic Services incorporated in Section
				004 of these rules.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.13 - CONSUMER-DIRECTED SERVICES › Section 16.03.13.000 - LEGAL AUTHORITY

Current through August 31, 2023
In accordance with Sections
				56-202,
				56-203, Sections
				56-250 through 257, and Sections
				56-260 through
				56-266, Idaho Code, the Idaho
				Legislature has authorized the Department of Health and Welfare to adopt and
				enforce rules for the provision of consumer-directed services. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.13 - CONSUMER-DIRECTED SERVICES › Section 16.03.13.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 16.03.13, "Consumer-Directed
			 Services." (3-17-22)
02.
Scope
. Consumer-Directed Community Supports (CDCS) is a flexible
			 program option for participants eligible for the Children's Home and Community
			 Based Services (HCBS) State Plan Option, and Adult and Children's Developmental
			 Disabilities (DD) waivers. CDCS is not a covered option for participants
			 enrolled in the Children's Act Early Waiver. The CDCS option allows the
			 eligible participant to: choose the type and frequency of supports they want,
			 negotiate the rate of payment, and hire the person or agency they prefer to
			 provide those supports. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.13 - CONSUMER-DIRECTED SERVICES › Section 16.03.13.002 - WRITTEN INTERPRETATIONS

Current through August 31, 2023
This agency may have written statements that pertain to the
				interpretations of the rules of this chapter. These documents are available for
				public inspection. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.13 - CONSUMER-DIRECTED SERVICES › Section 16.03.13.008 - AUDIT, INVESTIGATION AND ENFORCEMENT

Current through August 31, 2023
In addition to any actions specified in these rules, the
				Department may audit, investigate and take enforcement action under the
				provisions of IDAPA 16.05.07, "Investigation and Enforcement of Fraud, Abuse,
				and Misconduct." (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.13 - CONSUMER-DIRECTED SERVICES › Section 16.03.13.009 - CRIMINAL HISTORY AND BACKGROUND CHECK REQUIREMENTS

Current through August 31, 2023
01.
Compliance With Department Criminal
			 History Check
. The fiscal employer agent must verify that each support
			 broker and community support worker, whose criminal history check has not been
			 waived by the participant, has complied with IDAPA 16.05.06, "Criminal History
			 and Background Checks." When a participant chooses to waive the criminal
			 history check requirement for a community support worker, the waiver must be
			 completed in accordance with Section
			 150 of these rules. Except, through
			 the duration of the declared COVID-19 public health emergency, if each support
			 broker and community support worker, whose criminal history check has not been
			 waived by the participant is unable to complete a criminal background check in
			 accordance with the timeframes set forth in IDAPA 16.05.06, then provider may
			 allow newly hired direct care staff to begin rendering services prior to
			 completion of the criminal background check in accordance with the requirements
			 specified by the Department in a COVID-19 information release posted on the
			 Department's website at
https://healthandwelfare.idaho.gov/Providers/Providers-Medicaid/InformationReleases/tabid/264/Default.aspx
.
			 (3-17-22)
02.
Availability to
			 Work or Provide Service
. Participants, at their discretion, may review
			 the completed application and allow the community support worker to provide
			 services on a provisional basis if no disqualifying offenses listed in IDAPA
			 16.05.06, "Criminal History and Background Checks," are disclosed.
			 (3-17-22)
03.
Additional
			 Criminal Convictions
. Once criminal history clearances have been
			 received, any additional criminal convictions must be immediately reported by
			 the worker to the participant and by the participant to the Department.
			 (3-17-22)
04.
Notice of
			 Pending Investigations or Charges
. Once criminal history clearances have
			 been received, any charges or investigations for abuse, neglect or exploitation
			 of any vulnerable adult or child, criminal charges, or substantiated adult
			 protection or child protection complaints, must be immediately reported by the
			 worker to the participant and by the participant to the Department.
			 (3-17-22)
05.
Providers
			 Subject to Criminal History Check Requirements
. A community support
			 worker, who has not had the requirement waived by the participant, and a
			 support broker as defined in Section
			 010 of these rules.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.13 - CONSUMER-DIRECTED SERVICES › Section 16.03.13.010 - DEFINITIONS

Current through August 31, 2023
01.
Circle of Supports
. People
			 who encourage and care about the participant and provide unpaid supports.
			 (3-17-22)
02.
Community
			 Support Worker
. An individual, agency, or vendor selected and paid by
			 the participant to provide community support worker services.
			 (3-17-22)
03.
Community
			 Support Worker Services
. Community support worker services are those
			 identified supports listed in Section
			 110 of these rules.
			 (3-17-22)
04.
Consumer-Directed Community Supports (CDCS)
. For the purposes of
			 this chapter, consumer-directed supports include Self-Directed Community
			 Supports (SDCS) and Family-Directed Community Supports (FDCS).
			 (3-17-22)
05.
Family-Directed
			 Community Supports (FDCS)
. A program option for children eligible for
			 the Children's Developmental Disabilities (DD) Waiver and the Children's Home
			 and Community Based Services State Plan Option described in IDAPA 16.03.10,
			 "Medicaid Enhanced Plan Benefits." (3-17-22)
06.
Financial Management Services
			 (FMS)
. Services provided by a fiscal employer agent that include:
			 (3-17-22)
a. Financial guidance and support to
			 the participant by tracking individual expenditures and monitoring overall
			 budgets; (3-17-22)
b. Performing
			 payroll services; and (3-17-22)
c.
			 Handling billing and employment related documentation responsibilities.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.13 - CONSUMER-DIRECTED SERVICES › Section 16.03.13.020 - RESPONSIBILITY FOR DECISION-MAKING

Current through August 31, 2023
Under this chapter of rules, decisions are to be made as
				follows: (3-17-22)
01.
Children
. The parent or legal guardian is responsible for decisions made
			 on behalf of a child participant. (3-17-22)
02.
Adults
. The participant, or
			 legal guardian if one exists, is responsible for decisions made on behalf of an
			 adult participant. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.13 - CONSUMER-DIRECTED SERVICES › Section 16.03.13.100 - CONSUMER-DIRECTED COMMUNITY SUPPORTS (CDCS) OPTION

Current through August 31, 2023
The CDCS option requires the participant to have a support
				broker to assist the participant to make informed choices, participate in a
				person-centered planning process, and become skilled at managing their own
				supports. The participant must use a fiscal employer agent to provide Financial
				Management Services (FMS) for payroll and reporting functions. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.13 - CONSUMER-DIRECTED SERVICES › Section 16.03.13.101 - ELIGIBILITY

Current through August 31, 2023
01.
Determination of Medicaid and Home
			 and Community Based Services - DD Requirements
. In order to choose the
			 CDCS option, the participant must first be determined Medicaid-eligible and
			 determined to meet existing DD waiver programs or HCBS State Plan Option
			 requirements as outlined in IDAPA 16.03.10, "Medicaid Enhanced Plan Benefits."
			 (3-17-22)
02.
Participant
			 Agreement Form
. The participant, and their legal representative, if one
			 exists, must agree in writing using a Department-approved form to the
			 following: (3-17-22)
a. Accept the guiding
			 principles for the CDCS option, as defined in Section
			 010 of these rules;
			 (3-17-22)
b. Agree to meet the
			 participant responsibilities outlined in Section
			 120 of these rules;
			 (3-17-22)
c. Take responsibility
			 for and accept potential risks, and any resulting consequences, for their
			 support choices; and (3-17-22)
d.
			 Acknowledge and follow the rules in IDAPA 16.03.10, "Medicaid Enhanced Plan
			 Benefits," Sections 310 through
			 317. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.13 - CONSUMER-DIRECTED SERVICES › Section 16.03.13.110 - PAID CONSUMER-DIRECTED COMMUNITY SUPPORTS

Current through August 31, 2023
The participant must purchase Financial Management Services
				(FMS) and support broker services to participate in the CDCS option, except for
				under the family-directed services option where the qualified parent or legal
				guardian may act as an unpaid support broker. The participant must purchase
				goods and community supports through the fiscal employer agent who is providing
				the FMS. (3-17-22)
01.
Financial Management Services
. The Department will enter into a provider
			 agreement with a qualified fiscal employer agent, as defined in Section
			 010 of these rules, to provide
			 financial management services to a participant who chooses the
			 consumer-directed option. (3-17-22)
02.
Support Broker
. Support
			 broker services are provided by a qualified support broker. (3-17-22)
03.
Community Support Worker
.
			 The community support worker provides identified supports to the participant.
			 If the identified support requires specific licensing or certification within
			 the state of Idaho, the identified community support worker must obtain the
			 applicable license or certification. Identified supports include activities
			 that address the participant's preference for: (3-17-22)
a. Job support to help the participant secure
			 and maintain employment or attain job advancement; (3-17-22)
b. Personal support to help the participant
			 maintain health, safety, and basic quality of life; (3-17-22)
c. Relationship support to help the
			 participant establish and maintain positive relationships with immediate family
			 members, friends, spouse, or others in order to build a natural support network
			 and community; (3-17-22)
d.
			 Emotional support to help the participant learn and practice behaviors
			 consistent with their goals and wishes while minimizing interfering behaviors;
			 (3-17-22)
e. Learning support to
			 help the participant learn new skills or improve existing skills that relate to
			 their identified goals; (3-17-22)
f. Transportation support to help the
			 participant accomplish their identified goals; (3-17-22)
g. Adaptive equipment identified in the
			 participant's plan that meets a medical or accessibility need and promotes
			 their increased independence; and (3-17-22)
h. Skilled nursing support identified in the
			 participant's plan that is within the scope of the Nurse Practice Act and is
			 provided by a licensed registered nurse (RN) or licensed practical nurse (LPN)
			 under the supervision of an RN, licensed to practice in Idaho.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.13 - CONSUMER-DIRECTED SERVICES › Section 16.03.13.111 - UNPAID COMMUNITY SUPPORTS AND SERVICES

Current through August 31, 2023
The Department requires that participants and their support
				broker identify and prioritize the use of any goods, services and supports
				available through an unpaid volunteer support or service, or those goods,
				services, and supports that can be provided by a natural support such as a
				family member, a friend, a neighbor or other volunteer. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.13 - CONSUMER-DIRECTED SERVICES › Section 16.03.13.120 - PARTICIPANT RESPONSIBILITIES

Current through August 31, 2023
With the assistance of the support broker and the legal
				representative, if one exists, the participant is responsible for the
				following: (3-17-22)
01.
Guiding Principles
. Accepting and honoring the guiding principles for
			 the CDCS option found in Section
			 010 of these rules.
			 (3-17-22)
02.
Person-Centered
			 Planning
. Directing the person-centered planning process in order to
			 identify and document paid and unpaid support and service needs, wants, and
			 preferences. (3-17-22)
03.
Rates
. Negotiating payment rates for all paid community supports
			 they want to purchase, ensuring rates negotiated for supports and services do
			 not exceed the prevailing market rate, and that are cost-effective when
			 comparing them to reasonable alternatives, and including the details in the
			 employment agreements. (3-17-22)
04.
Agreements
. Completing and
			 implementing agreements for the fiscal employer agent, the support broker and
			 community support workers and submitting the agreements to the fiscal employer
			 agent. These agreements must be submitted on Department-approved forms.
			 (3-17-22)
05.
Agreement
			 Detail
. Ensuring that employment agreements specifically identify the
			 type of support being purchased, the rate negotiated for the support, and the
			 frequency and duration of the scheduled support or service. The participant is
			 responsible for ensuring that each employment agreement: clearly identifies the
			 qualifications needed to provide the support or service; includes a statement
			 signed by the hired worker that they possess the needed skills; and the
			 signature of the participant that verifies the same. Additionally, each
			 employment agreement will include statements that: the participant is the
			 employer even though payment comes from a third party; employees are under the
			 direction and control of the participant; services must be delivered consistent
			 with the rules in IDAPA 16.03.10, "Medicaid Enhanced Plan Benefits," Sections
			 311 through
			 317; and no employer-related claims
			 will be filed against the Department. (3-17-22)
06.
Plan
. Developing a
			 comprehensive support and spending plan based on the information gathered
			 during the person-centered planning. (3-17-22)
07.
Time Sheets and Invoices
.
			 Reviewing and verifying that supports being billed were provided and indicating
			 that they approve of the bill by signing the timesheet or invoice.
			 (3-17-22)
08.
Quality
			 Assurance and Improvement
. Providing feedback to the best of their
			 ability regarding their satisfaction with the supports they receive and the
			 performance of their workers. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.13 - CONSUMER-DIRECTED SERVICES › Section 16.03.13.130 - FISCAL EMPLOYER AGENT REQUIREMENTS AND LIMITATIONS

Current through August 31, 2023
01.
Requirements
. The fiscal
			 employer agent must meet the requirements outlined in its provider agreement
			 with the Department, and Section
			 3504 of the Internal Revenue Code
			 (26 USC
			 3504). (3-17-22)
02.
Limitations
. The fiscal
			 employer agent must not: (3-17-22)
a. Provide
			 any other direct services to the participant, to ensure there is no conflict of
			 interest; or (3-17-22)
b. Employ
			 the guardian, parent, spouse, payee or conservator of the participant or have
			 direct control over the participant's choice. (3-17-22)