(1) The participant, his designee, or legal representative, if such is responsible, shall be liable for any acts of the participant performed or committed while receiving care or services under the provisions of this chapter.
(2)  The department shall not be held liable for any actions under this chapter, except pursuant to section 39-5603(12), Idaho Code, when the representative of the department is acting on behalf of the participant, his designee, or legal representative; however, the provisions of section 39-5603(10), Idaho Code, shall remain in force.

Terms Used In Idaho Code 39-5608

  • Department: means the department of health and welfare of the state of Idaho. See Idaho Code 39-5602
  • participant: means an individual determined eligible by the department for Idaho medicaid services, as authorized by title XIX, of the social security act, as amended. See Idaho Code 39-5602
  • Provider: means a personal assistance agency, a fiscal intermediary agency or a PCS family alternate care provider. See Idaho Code 39-5602
  • Representative: means an employee of the department of health and welfare. See Idaho Code 39-5602
(3)  Nothing in this chapter shall exempt the provider of services from any liability caused by such provider’s negligence, abuse, or other improper action.