IDAPA 16 - Department of Health and Welfare

1 IDAPA 16 IDAHO Department OF Health AND WELFARED ivision of Licensing and residential assisted living FacilitiesWho does this rule apply to? residential assisted living facilities. Interested parties include owners, shareholders, administrators, directors, staff, caregivers, residents, relatives, guardians, and advocates of these residents, and Health care professionals not limited to physicians, nurses, nursing assistants, dietitians, and is the purpose of this rule?The purpose of a residential 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 the Health , safety, and comfort of those living in residential assisted living is the legal authority for the agency to promulgate this rule?

2 This rule implements the following statute passed by the Idaho Legislature: Health and Safety - Section 39-3305, Idaho Code Idaho residential Care or assisted living Act: RulesWhere can I f ind information on the appeals process?Administrative appeals and contested cases are governed by the provisions of IDAPA , Contested Case Proceedings and Declaratory Rulings. How do I request public records?Unless exempted, all public records are subject to disclosure by the Department that will comply with Title 74, Chapter 1, Idaho Code, upon requests. Confidential information may be restricted by state or federal law, federal regulation, and IDAPA , Use and Disclosure of Department Records. In accordance with Section 39-3355(6), Idaho Code, facility survey findings are posted on the Public Portal at The related survey documents are available upon written request to the Department and are posted at Information received by the Department through filed reports, inspections, or as otherwise authorized under the law, will not be disclosed publicly in such a manner as to identify individual residents except as necessary in a proceeding involving a question of do I contact for more information on this rule?

3 Idaho Department of Health and WelfareResidential assisted living Facilities Program3232 W. Elder StreetBoise, ID Box 83720 Boise, ID 83720-0009 Program Phone: (208) 364-1962 Division of Licensing & Certification: (208) 364-1959 Fax: (208) 364-1888 Email: 2 Table of residential assisted living Facilities000. Legal Authority.. 5001. Title, Scope, And Responsibilities.. 5002. Written Interpretations.. 5003. Administrative Appeals And Contested Cases.. 5004. Incorporation By Reference.. 5005. -- 008. (Reserved) .. 6009. Criminal History And Background Check Requirements.. 6010. Definitions And Abbreviations A Through E.. 7011. Definitions And Abbreviations F Through N.. 9012. Definitions And Abbreviations O Through Z.. 11013. -- 049. (Reserved) .. 13050. Variances.. 13051. -- 099. (Reserved) .. 13100. Licensing Requirements.. 13101.

4 -- 104. (Reserved) .. 14105. Change Of Ownership.. 14106. -- 109. (Reserved) .. 14110. Facility License Application.. 14111. -- 114. (Reserved) .. 15115. Expiration And Renewal Of License.. 15116. -- 125. (Reserved) .. 16126. Effect Of Enforcement Action Against A License.. 16127. -- 129. (Reserved) .. 16130. Inspection Of Facilities.. 16131. -- 149. (Reserved) .. 17150. Policies And Procedures.. 17151. Activity Requirements.. 18152. Admission Requirements.. 18153. Financial Requirements.. 19154. Staff Training Requirements.. 20155. Emergency Preparedness Requirements.. 21156. Hourly Adult Care Requirements.. 21157. -- 160. (Reserved) .. 22161. Smoking Requirements.. 22162. -- 214. (Reserved) .. 22215. Requirements For A Facility Administrator.. 22216. Requirements For Admission Agreements.. 23217. Requirements For Termination Of Admission Agreement.

5 26218. -- 249. (Reserved) .. 27250. Requirements For Building Construction And Physical Standards.. 27251. -- 254. (Reserved) .. 30255. Requirements For Additional Physical Standards.. 30 Table of Contents (cont d) Page 3 256. -- 259. (Reserved) .. 30260. Requirements For Environmental Sanitation.. 30261. -- 299. (Reserved) .. 31300. Requirements For Nursing Services.. 31301. -- 304. (Reserved) .. 32305. Requirements For The Licensed Registered Nursing Assessment.. 32306. -- 309. (Reserved) .. 32310. Requirements For Medication.. 33311. -- 318. (Reserved) .. 34319. Comprehensive Assessment Requirements.. 34320. Negotiated Service Agreement (NSA) Requirements.. 35321. -- 329. (Reserved) .. 35330. Requirements For Facility Records.. 36331. -- 334. (Reserved) .. 40335. Requirements For Infection Control.. 40336. -- 399. (Reserved).

6 40400. Requirements For Fire And Life Safety Standards.. 40401. Fire And Life Safety Standards For New Buildings Housing Three Through Sixteen Residents.. 40402. Fire And Life Safety Standards For New Buildings Housing Seventeen Or More Residents And Multi-story Buildings.. 40403. Fire And Life Safety Standards For Existing Buildings Licensed For Three Through Sixteen Residents.. 40404. Fire And Life Safety Standards For Existing Buildings Licensed For Seventeen Or More Residents And Multi-story Buildings.. 40405. Additional Fire And Life Safety Standards For All Buildings And Facilities.. 40406. -- 409. (Reserved) .. 41410. Requirements For Emergency Actions And Fire Drills.. 41411. -- 429. (Reserved) .. 42430. Requirements For Furnishings, Equipment, Supplies, and Basic Services.. 42431. -- 449. (Reserved) .. 43450. Requirements For Food And Nutritional Care Services.

7 43451. Menu And Diet Planning.. 43452. -- 454. (Reserved) .. 43455. Food Supply.. 44456. -- 459. (Reserved) .. 44460. Food Preparation And Service.. 44461. -- 509. (Reserved) .. 44510. Requirements To Protect Residents From Abuse.. 44511. -- 514. (Reserved) .. 44515. Requirements To Protect Residents From Exploitation.. 44516. -- 519. (Reserved) .. 44520. Requirements To Protect Residents From Inadequate Care.. 44521. -- 524. (Reserved) .. 45525. Requirements To Protect Residents From Neglect.. 45 Table of Contents (cont d) Page 4 526. -- 549. (Reserved) .. 45550. Requirements For Residents' Rights.. 45551. -- 559. (Reserved) .. 48560. Notice Of Residents Rights.. 48561. -- 599. (Reserved) .. 48600. Requirements For Staffing Standards.. 49601. -- 619. (Reserved) .. 49620. Requirements For Training Of Facility Personnel.. 49621.

8 -- 624. (Reserved) .. 49625. Orientation Training Requirements.. 49626. -- 629. (Reserved) .. 50630. Training Requirements For Facilities Admitting Residents With A Diagnosis Of Dementia, Mental Illness, Developmental Disability, Or Traumatic Brain Injury.. 50631. -- 639. (Reserved) .. 51640. Continued Training Requirements.. 51641. Additional Training Related To Changes.. 51642. -- 644. (Reserved) .. 52645. Assistance With Medications.. 52646. -- 899. (Reserved) .. 52900. Enforcement Actions.. 52901. Enforcement Action Of Summary Suspension.. 52902. -- 909. (Reserved) .. 52910. Enforcement Action Of A Consultant.. 52911. -- 919. (Reserved) .. 52920. Enforcement Action Of Limit On Admissions.. 52921. -- 924. (Reserved) .. 53925. Enforcement Action Of Civil Monetary Penalties.. 53926. -- 929. (Reserved) .. 54930. Enforcement Action Of Temporary Management.

9 54931. -- 934. (Reserved) .. 55935. Enforcement Action Of A Provisional License.. 55936. -- 939. (Reserved) .. 55940. Enforcement Action Of Revocation Of Facility License.. 55941. -- 999. (Reserved) .. 56 Section 000 Page residential assisted living FACILITIES000. LEGAL Idaho Board of Health and Welfare is authorized under Sections 39-3305 and 39-3358, Idaho Code, to adopt and enforce rules to protect the Health , safety, and individual rights for residents in residential assisted living facilities.(7-1-21)T001. TITLE, SCOPE, AND Title. Th e title of this chapter of rules is IDAPA , residential assisted living Facilities. (7-1-21)T02. Scope. The purpose of a residential assisted living facility 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.

10 These rules set standards for providing services that maintain a safe and healthy environment.(7-1-21)T03. General Provider Responsibilities. The facility must ensure 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.(7-1-21)T04. 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 ensure compliance with statute and these rules. This responsibility includes licensing facilities and monitoring the condition of facilities.