Who Regulates Assisted Living in Idaho?

IDAPA 16 TITLE 03 CHAPTER 22

16.03.22 - RESIDENTIAL CARE OR ASSISTED LIVING FACILITIES IN IDAHO

000.LEGAL AUTHORITY.

001.TITLE, SCOPE, AND RESPONSIBILITIES.

002.WRITTEN INTERPRETATIONS.

003.ADMINISTRATIVE APPEALS AND CONTESTED CASES.

The Idaho Board of Health and Welfare is authorized under Section 39-3305, Idaho Code, to adopt and enforce rules to protect the health, safety, and the individual's rights for residents in residential care or assisted living facilities. (3-30-06) 01. Title. The title of this chapter of rules is IDAPA 16.03.22, "Residential Care or Assisted Living Facilities in Idaho." (3-30-06)

02. Scope. The purpose of a residential care or assisted living facility in Idaho is to provide choice, dignity and independence to residents while maintaining a safe, humane, and home-like living arrangement for individuals needing assistance with daily activities and personal care. These rules set standards for providing services that maintain a safe and healthy environment. (3-30-06)

03. General Provider Responsibilities. The facility must assure quality services by providing choices, dignity and independence to residents. The facility must have an administrator and staff who have the knowledge and experience required to provide safe and appropriate services to all residents of the facility. The facility must be operated consistent with the rules and statutes as it conducts its work. (3-30-06)

04. General Department Responsibilities. The Department is responsible for monitoring and enforcing the provisions of the statute and this chapter to protect residents in these facilities by providing information, education and evaluating providers to assure compliance with statute and these rules. This responsibility includes: licensing facilities and monitoring the condition of the facility. (3-30-06)

05. Exemptions. The provisions of these rules do not apply to any of the following: (3-30-06) a. Health Facility. The provisions of these rules do not apply to hospitals, nursing facilities, intermediate care facilities for persons with intellectual disabilities, or any other health facility as defined by Title 39, Chapter 13, Idaho Code. (3-30-06) b. Alternate Living Arrangements. The provisions of these rules do not apply to any house, institution, hotel, congregate housing project, retirement home, or other similar place that is limited to providing one (1) or more of the following: housing, meals, transportation, housekeeping, or recreational and social activities, or that have residents independently accessing supportive services from an entity approved to provide such services in Idaho and holding no legal ownership interest in the entity operating the facility. (3-30-06) c. Relatives. The provisions of these rules do not apply to any arrangement for the receiving and care of persons by a relative, except when the caretaker is paid for the care through a state or federal program, in which case the caretaker relative and the care setting must meet all applicable requirements. (3-30-06) In accordance with Section 67-5201(19)(b)(iv), Idaho Code, this agency may have written statements that pertain to the interpretations of the rules of this chapter. These documents are available for public inspection as described in Sections 005 and 006 of these rules. (3-30-07)

01. Administrative Appeals and Contested Cases. Administrative appeals and contested cases are governed by IDAPA 16.05.03, "Rules Governing Contested Case Proceedings and Declaratory Rulings." (3-30-06) 02. Informal Dispute Resolution Meeting. If a facility disagrees with a deficiency cited for a core issue, it may request an informal dispute resolution meeting to the Licensing and Certification Unit. The policy and IDAHO ADMINISTRATIVE CODE IDAPA 16.03.22 - Residential Care or Department of Health and Welfare Assisted Living Facilities in Idaho Section 004 Page 7 procedure for requesting informal dispute resolution is posted on the Licensing and Certification website at www.healthandwelfare.idaho.gov. (3-29-10)

004.INCORPORATION BY REFERENCE.

005.OFFICE -- OFFICE HOURS -- MAILING ADDRESS -- STREET ADDRESS -- INTERNET WEBSITE.

The documents, referenced in Subsection 004.01 through 004.08 of these rules, are incorporated by reference as provided by Section 67-5229 (a), Idaho Code. These incorporated documents are available for public review upon request at the Department of Health and Welfare, 450 West State Street, Boise, Idaho 83702, or when available on line at the websites provided in these rules. (3-30-06)

01. National Fire Protection Association (NFPA) Documents. The NFPA documents referenced in these regulations are available from the National Fire Protection Association, 11 Tracy Drive, Avon, MA 02322- 9908; 1-800-344-3555; and online at http://www.nfpa.org. (3-30-06)

02. Idaho Diet Manual. This manual is available from the Idaho Dietetic Association, Ninth Edition, 2005, online at http://eatrightidaho.org. (3-30-06)

03. Idaho Food Code. IDAPA 16.02.19, "Food Safety and Sanitation Standards For Food Establishments," April 6, 2005. These rules are available online at http://adm.idaho.gov/adminrules/rules/idapa16/ 0219.pdf. (3-30-06)

04. Americans with Disabilities Act Accessibility Guidelines. 28 CFR Part 36, Appendix A. This code is available online at http://www.ada.gov/publicat.htm. Contact phone number is 1-800-514-0301. (3-30-06)

05. Idaho Board of Nursing Rules. IDAPA 23.01.01, "Rules of the Idaho Board of Nursing." These rules are available online at http://adm.idaho.gov/adminrules/rules/idapa23/23index.htm. (3-30-06)

06. Idaho Board of Pharmacy Rules. IDAPA 27.01.01, "Rules of the Idaho Board of Pharmacy." These rules are available online at http://adm.idaho.gov/adminrules/rules/idapa27/27index.htm. (3-30-06)

07. International Building Code. Edition 2003. This code is available from the International Code Council, 4051 West Flossmoor Rd., Country Club Hills, IL 60478-5795, phone: 888-422-7233 and online at http:// www.iccsafe.org. (3-30-06)

08. Idaho Medical Assistance Program Rules. IDAPA 16.03.09, "Medicaid Basic Plan Benefits," Section 665. These rules may be found online at http://adm.idaho.gov/adminrules/rules/idapa16/0309.pdf. (3-30-06)

01. Office HoursOffice hours are 8 a.m. to 5 p.m., Mountain Time, Monday through Friday, except holidays designated by the State of Idaho. (3-30-06)
02. Mailing Address. The mailing address for the business office is Idaho Department of Health and Welfare, P.O. Box 83720, Boise, Idaho 83720-0036. (3-30-06)
 03. Street Address. The business office of the Idaho Department of Health and Welfare is located at 450 West State Street, Boise, Idaho 83702. (3-30-06)
04. Telephone. (208) 334-5500. (3-30-06)
05. Internet Website Address. The Department Internet website is www.healthandwelfare.idaho.gov. (3-30-06)
06. Licensing and Certification Unit. The Department’s Licensing and Certification Unit, 3232 Elder Street, Boise, ID 83705; Phone: 208 334-6626. (3-29-10)
07. Licensing and Certification Unit Website is www.healthandwelfare.idaho.gov. (3-29-10)