Title 39 — HEALTH AND SAFETY

39-3501. Legislative intent and declaration. (1) The purpose of a certified family home in Idaho is to provide a homelike alternative to more expensive or more restrictive congregate care or institutional care, designed to allow vulnerable adults to reside in a family-style livin…

39-3502. Definitions. As used in this chapter: (1) "Abuse" means a nonaccidental act of sexual, physical, or mental mistreatment or injury of a resident through the action or inaction of another individual. (2) "Activities of daily living" means the performance of basic self-care…

39-3503. admission agreements. (1) At or before the time of admission, the care provider shall negotiate a written, signed, and dated admission agreement between the care provider and the resident or the resident representative, if applicable, specifying the dollar amount of mont…

39-3504. Physical and environmental standards. (1) Standards shall be developed through the regulatory process by the department to ensure a safe, sanitary and comfortable environment for residents of certified family homes. (2) Any structure used for a certified family home shal…

39-3505. Rules. The board shall have the power and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the standards for certified family homes pursuant to this chapter, including but not limited to the following: (1) The care provider shall ad…

39-3506. State certification to supersede local regulation. The provisions of this chapter, and the rules promulgated pursuant to this chapter, shall supersede any program of any political subdivision of the state which licenses or sets standards for individuals to whom the provi…

39-3507. Admissions. A certified family home shall not admit or retain any resident requiring a level of service or type of service that the certified family home, in concert with the resident’s supportive services, does not have the time, ability, or appropriate skills or equipm…

39-3508. Assessment. (1) The department shall employ uniform assessment criteria to assess residents accessing services through a publicly funded program according to the criteria developed to assess all participants within that respective program. (2) The care provider shall emp…

39-3509. plan of service. (1) The care provider shall ensure the resident or resident representative participates in the development of a written negotiated plan of service that provides for coordination of services and for guidance to the care provider in delivering services to …

39-3510. Separability. If any section, subsection, paragraph, sentence, or any other part of this chapter is adjudged unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter, but shall be confined to this section, subsectio…

39-3511. Advisory council. The department shall establish a state-level advisory council. This council may be the same body as that identified in section 39-3330, Idaho Code; otherwise, this council shall be a separate body formed pursuant to the provisions found in section 39-33…

39-3512. Application of provisions. (1) Any individual who seeks payment for providing care to an elderly person or to an adult with a mental illness, developmental disability, or physical disability and who also houses the said vulnerable adult in his primary residence shall mee…

39-3513. Training. (1) The department shall ensure that during the initial application process to certify a certified family home the applicant receives training that includes but is not limited to recordkeeping requirements pursuant to section 39-3505, Idaho Code, and minimum st…

39-3516. Resident rights. The care provider shall ensure staff protect and promote the rights of each resident, including each of the following rights: (1) Privacy. Each resident shall be ensured the right to privacy with regard to accommodations, medical and other treatment, wri…

39-3519. Access by advocates and representatives. (1) Staff of the certified family home shall permit certifying agents, other representatives of the department, or any representative of adult protective services immediate and unrestricted access, according to the agent’s or repr…

39-3520. Application for certification. (1) An application for certification shall be made to the department on forms provided by the department and shall contain such information as the department reasonably requires, including, at a minimum, fingerprinting and a background chec…

39-3521. Issuance and renewal of certification. (1) Each certificate shall be issued only for the home and care provider named in the application and shall not be transferable or assignable. (2) Upon certification, the department shall charge the care provider an ongoing monthly …

39-3522. Provisional certification. (1) Upon inspection or investigation, should an applicant for a certificate or a care provider be unable or unwilling to meet a standard because of one (1) or more conditions or acts that do not immediately jeopardize the health or safety of th…

39-3523. Denial of application or revocation of a certificate. (1) The department may deny any application for a certificate when persuaded by a preponderance of evidence that such conditions exist as to endanger the health or safety of any resident or when the applicant fails to…

39-3524. Procedure for denial of application or revocation of a certificate. (1) Consistent with provisions regarding emergency proceedings in section 67-5247, Idaho Code, the department shall immediately notify the applicant or care provider in writing when it denies an applicat…

39-3525. Effect of revocation of a certificate or denial of an application. The department is not required to review the application of an applicant who has had a certificate revoked or previous application denied until five (5) years have elapsed from the date of revocation or d…

39-3526. statutes and Rules provided. Prior to initial certification, the applicant shall be provided a printed copy of all applicable statutes and rules by the department without additional charge.

39-3527. Responsibility for inspections and technical assistance. The certifying agent shall inspect and provide technical assistance to certified family homes. The department may provide consulting services upon request to any certified family home to assist in the identificatio…

39-3528. Operating without certification — Misdemeanor. (1) Any individual to whom the provisions of this chapter apply as described in section 39-3512, Idaho Code, who is paid for providing care to a vulnerable adult living in his home within the state without first obtaining ce…

39-3556. Complaints. (1) A person who believes that any provision of this chapter, or rule promulgated under this chapter, has been violated may file a complaint with the department. Records and information that identify a complainant are exempt from disclosure as set forth in se…