Title 39 — HEALTH AND SAFETY

39-1220. Operating without license misdemeanor. Any person or persons who operate a foster home, children’s agency, children’s therapeutic outdoor program or children’s residential care facility, within this state, without first obtaining a license as provided in this chapter sha…

39-1221. Removal of children. Any child or children receiving child care in a children’s residential care facility or children’s therapeutic outdoor program found to be operating without a license may be removed from such home, agency or institution upon order of the magistrate c…

39-1222. Action against unlicensed foster home, children’s agency, children’s therapeutic outdoor program or children’s residential care facility. Notwithstanding the existence or pursuit of any other remedy, the department shall, upon showing good cause to the prosecuting attorn…

39-1224. Title of act. This act shall be known and cited as the "Child Care Licensing Reform Act," and the caption for chapter 12, title 39, Idaho Code, shall so designate.

39-1301. Definitions. For purposes of this section through section 39-1309, Idaho Code, the following terms shall be defined as follows: (1) "CMS" means the centers for medicare and medicaid services. (2) "Department" means the department of health and welfare. (3) "Government un…

39-1302. streamlined facilities licensing and inspection act — SHORT TITLE. Sections 39-1301 through 39-1309, Idaho Code, shall be known and may be cited as the "Streamlined Facilities Licensing and Inspection Act."

39-1303. LICENSURE. (1) All medicare-certified or medicaid-certified hospitals, nursing facilities, or intermediate care facilities shall meet the standards for licensing pursuant to this chapter. (2) A hospital shall have and maintain medicare certification through an accreditat…

39-1304. denial or revocation. Notwithstanding the provisions of section 39-1303, Idaho Code, the department may deny any application or revoke any license when persuaded by evidence that such conditions exist as to endanger the health or safety of any resident or patient. A lice…

39-1305. Inspections. The department shall make or cause to be made such inspections and investigations as it deems necessary. Any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before com…

39-1306. Information. Information received by the department through filed reports, inspections, or as otherwise authorized pursuant to sections 39-1301 through 39-1309, Idaho Code, that would identify individual residents or patients of facilities or agencies shall be subject to…

39-1307. penalty for operating a facility without license. Any person establishing, conducting, managing, or operating a hospital, nursing facility, or intermediate care facility without a license pursuant to sections 39-1301 through 39-1309, Idaho Code, shall be guilty of a misd…

39-1308. injunction to prevent operation without license. Notwithstanding the existence or pursuit of any other remedy, the department may maintain an action in the name of the state for injunction or other process or remedy allowable by law against any person, entity, or governm…

39-1309. deemed status of hospice agency and its hospice home — no Idaho license or certification required. (1) A hospice house and its owner and operator medicare certified hospice agency must have and maintain deemed status through a centers for medicare & medicaid services rec…

39-1318. Hospital boards — Duty to acquire, construct, improve, maintain, and provide facilities and services. The betterment and protection of the public health and care of the sick and afflicted are hereby declared to be the established and permanent policy of the state of Idah…

39-1319. Definitions. A "hospital district" is one to furnish general hospital services, and together with such hospital services, nursing home services, or medical clinic services to the general public and all other such services as may be necessary for the care of the injured, …

39-1320. Organization of hospital district — Petition — Contents — Filing. The organization of a hospital district shall be initiated by a petition filed with the board of county commissioners of the county of which the said district is situated. Said petition shall be signed by …

39-1321. Joint districts in one or more counties. A hospital district as provided in section 39-1320 may be organized where it appears that said district will be within the boundaries of one (1) or more counties, where all the other requirements provided in section 39-1320 have b…

39-1322. Notice of time of hearing on petition — Order fixing boundaries — Appeal. When such petition is presented to the board of county commissioners and filed in the office of the clerk of such board, the said board shall set a time for a hearing upon such petition which shall…

39-1323. Election in proposed district — Notice — Qualifications of voters. Such petition may be filed with the clerk of the board of county commissioners at any time, and on such filing and after the county commissioners have made an order finally fixing and determining the boun…

39-1324. Election — Manner of conducting. Such election shall be held and conducted in accordance with the general election laws of the state, including the provisions of chapter 14, title 34, Idaho Code. The board of county commissioners shall establish as many election precinct…

39-1325. Election results — Canvass and certification — Order establishing district. Immediately after any election for voting upon the organization of a hospital district, the judges of said election shall certify the official results of said election to the clerk of said board …

39-1325A. Petitions for dissolution of hospital districts. (1) Proceedings for the dissolution of a hospital district may be initiated by a petition containing the signatures of qualified electors of the district or owners of property within the district equal in number to ten pe…

39-1325B. Nonfunctioning district. Any hospital district which fails or has ceased to function for two (2) or more years may be dissolved by the board or boards of county commissioners of the county or counties in which it is located. The county commissioners may initiate such ac…

39-1325C. Effect of dissolution. (1) A dissolved hospital district continues its existence under the supervision of the board or boards of county commissioners of the county or counties in which the district is located, but may not carry on any business except that appropriate to…

39-1326. Board of trustees of district — Qualifications of members. The board of trustees of such hospital district shall consist of seven (7) residents of the district who shall be elected or appointed as herein provided. Immediately following the establishment of a hospital dis…

39-1327. Oaths and bonds of board members. Whenever a district has been declared duly organized the members of the board shall qualify by filing with the clerk of the board of county commissioners their oaths of office, and corporate surety bonds at the expense of the district in…

39-1328. Organization of board — Seal — Duties of treasurer — Compensation of members — Financial statement. After taking oath and filing bonds, the board shall choose one (1) of its members as chairman of the board and president of the district, and shall elect a secretary and t…

39-1329. Meetings — Quorum — Vacancies. The board shall meet regularly once each month at a time and place to be designated by the board. Special meetings may be held as often as the needs of the district require on notice to each member of the board. A majority of the members of…

39-1330. Biennial election of board members — Terms of office. On the third Tuesday of May in the next odd-numbered calendar year after the organization of any district, and on the third Tuesday of May every second year thereafter, an election shall be held which shall be known a…

39-1331. Powers and duties of board. For and on behalf of the district the board shall have the following powers: a. To have and use a corporate seal. b. To have perpetual existence. c. To sue and be sued and be a party to suits, actions and proceedings. d. To purchase, acquire, …

39-1332. Annual statement of valuation of taxable property. On or before the third Monday in July of each year the county auditor shall deliver to the secretary of each hospital district within the county a statement showing the aggregate valuation of all the taxable property in …

39-1333. Levy and collection of taxes — Initial financing. To levy and collect taxes, as herein provided, the board shall, in each year, determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall…

39-1334. Additional tax levies. (a) If it becomes necessary and expedient so to do, it shall be lawful for the board to levy additional taxes and collect revenue for the purpose of creating a reserve sinking fund for the purpose of accumulating moneys with which to add new buildi…

39-1335. Tax levy to pay interest on bonds and other obligations. In addition to the taxes hereinbefore provided for, the said board shall have the authority to levy and collect taxes as herein provided in each year sufficient to promptly pay in full, when due, all interest on th…

39-1336. Maturing indebtedness a consideration in annual levies. The board in certifying annual levies as herein provided, shall take into account maturing indebtedness for the ensuing year as provided in its contracts, maturing bonds, and interest on bonds and deficiencies and d…

39-1337. Tax rate — Certification — Levy and collection. The board shall, on or before the first day of September of each year, certify to the board of commissioners the rate so fixed with corrections that at the time and in the manner required by law for levying taxes for county…

39-1338. Bond issues authorized — Form and terms. To carry out the purposes of this act and to pay the necessary expenses of the district, the board is hereby authorized to issue negotiable coupon bonds of the district. Bonds shall bear interest payable semiannually, and shall be…

39-1339. Creation of indebtedness for works, improvements or equipment — Election on proposed indebtedness — indebtedness or liability without election. (1) Whenever the board of the hospital district shall by resolution determine that it is in the interest of said district and i…

39-1340. Notices of election on proposed indebtedness. When such election is ordered to be held, subject to the provisions of section 34-106, Idaho Code, the board shall direct the county clerk as provided in section 34-1406, Idaho Code, to give notice by publication once not les…

39-1341. Conduct of election for proposed indebtedness. The county clerk shall conduct the election in a manner prescribed by law in title 34, Idaho Code. The returns thereof shall be canvassed and the results thereof shall be declared by the board of county commissioners.

39-1342. Indebtedness incurred upon favorable vote — Resubmission of proposition not received favorably. In the event that it shall appear from said returns that two-thirds (2/3) of the qualified electors of the district voting at such election shall have voted in favor of such p…

39-1343. Officials and sureties liable on bond. All county officers entrusted with the assessment, collection, paying over or custody of taxes of any hospital district within the county, and their sureties, shall be liable upon their official bonds for the faithful performance of…

39-1344. Taxes levied a lien — Collection. All taxes levied by hospital districts, shall become a lien upon the property so assessed from the date of such assessment, and shall be due and payable at the time state and county taxes are due and payable and in all respects are to be…

39-1345. Due and delinquent dates of taxes assessed. All hospital district taxes levied and assessed under the provisions of this act shall become due and delinquent and shall attach to and become a lien on the real property assessed at the same time as state and county taxes. Al…

39-1346. Treasurer of hospital district — Duties. It is hereby made the duty of the treasurer of the hospital district to keep account with such district, to place to the credit of such district all moneys received by him from the collector of taxes, or from any other officer cha…

39-1346B. treasurer of hospital — investment limitations. It shall be the duty of the treasurer of a hospital district to invest idle moneys of such hospital. Such investment of idle moneys shall be limited to investments that carry an A rating or better by a commonly known ratin…

39-1347. Warrants and drafts — Payment. The secretary shall countersign all drafts and warrants on the district treasury, and no payment of district funds shall be made except on draft or warrant countersigned by him. He shall not countersign any such draft or warrant until he ha…

39-1348. Warrants — Inability to pay — Indorsement. When any warrant is presented to the district treasurer for payment, and the same is not paid for want of funds, the treasurer must endorse on the back of said warrant, "not paid for want of funds," and shall write thereon the d…

39-1349. Bulletin board — Notices posted for presentation of district warrants. The district treasurer shall provide himself, at the expense of the district, with a bulletin board, across the top of which shall be printed or inscribed the words "…. hospital district warrant bulle…

39-1350. Notice warrants will be paid on presentation. Whenever there is an amount to the credit of the district fund, as shown by the books of the treasurer, sufficient to pay the warrant or warrants next entitled to payment therefrom, the treasurer shall immediately place in hi…