39-3301 Legislative Intent and Declaration
39-3302 Definitions
39-3303 Payment Levels
39-3304 Types of Facilities
39-3305 Rules
39-3306 State Licensing to Supersede Local Regulation
39-3307 Admissions
39-3308 Assessment
39-3309 Negotiated Service Agreement
39-3313 Admission Agreements
39-3314 Termination of Admission Agreements
39-3315 Admission Records
39-3316 Resident Rights
39-3317 Notice of Rights
39-3318 Facility Response to Incidents and Complaints
39-3321 Qualifications and Requirements of Administrator
39-3322 Qualifications and Requirements for Facility Staff
39-3324 Staff Training
39-3325 Requirements for Location and Physical Environment of Facilities
39-3326 Medications
39-3330 Advisory Council
39-3331 Powers and Duties of the Advisory Council
39-3332 Meetings
39-3333 Reimbursement of Expenses
39-3340 Licensing
39-3345 Denial or Revocation of a License
39-3349 Responsibility for Inspections and Technical Assistance
39-3351 Exemptions
39-3352 Unlicensed Residential Care or Assisted Living Facilities
39-3354 Waiver or Variance
39-3354A Special Waiver Permitted
39-3355 Inspections
39-3356 Complaints
39-3357 Enforcement Process
39-3358 Specified Remedies

Terms Used In Idaho Code > Title 39 > Chapter 33 - Idaho Residential Care or Assisted Living Act

  • Abuse: means a nonaccidental act of sexual, physical or mental mistreatment or injury of a resident through the action or inaction of another individual. See Idaho Code 39-3302
  • Accreditation: means a process of review that allows health care organizations to meet regulatory requirements and standards established by a recognized accreditation organization. See Idaho Code 39-3302
  • Accreditation commission: means the commission on accreditation of rehabilitation facilities (CARF), the joint commission, or another nationally recognized accreditation organization approved by the director. See Idaho Code 39-3302
  • Activities of daily living: means the performance of basic self-care activities in meeting an individual’s needs to sustain him in a daily living environment. See Idaho Code 39-3302
  • Administrator: means an individual, properly licensed by the division of occupational and professional licenses, who is responsible for day-to-day operation of a residential care or assisted living facility. See Idaho Code 39-3302
  • Adult: means a person who has attained the age of eighteen (18) years. See Idaho Code 39-3302
  • Allegation: something that someone says happened.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assessment: means the conclusion reached using uniform criteria, which identifies resident strengths, weaknesses, risks and needs, to include functional, medical and behavioral needs. See Idaho Code 39-3302
  • Board: means the board of health and welfare. See Idaho Code 39-3302
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the Idaho department of health and welfare. See Idaho Code 39-3302
  • Director: means the director of the Idaho department of health and welfare. See Idaho Code 39-3302
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Exploitation: means the misuse of a resident’s funds, property, resources, identity or person for profit or advantage. See Idaho Code 39-3302
  • Facility: means a residential care or assisted living facility. See Idaho Code 39-3302
  • Governmental unit: means the state, any county, any city, other political subdivision, or any department, division, board, or other agency thereof. See Idaho Code 39-3302
  • License: means a basic permit to operate a residential care or assisted living facility. See Idaho Code 39-3302
  • Licensee: means the owner of a license to operate a residential care or assisted living facility under this chapter. See Idaho Code 39-3302
  • Licensing agency: means the unit of the department of health and welfare that conducts inspections and surveys and issues licenses based on compliance with this chapter. See Idaho Code 39-3302
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Neglect: means failure to provide food, clothing, shelter, or medical care necessary to sustain the life and health of a resident. See Idaho Code 39-3302
  • Negotiated service agreement: means the agreement reached by the resident and/or the resident’s representative and the facility, based on the assessment, physician’s orders, admission records, and desires of the resident, and which outlines services to be provided and the obligations of the facility and the resident. See Idaho Code 39-3302
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Personal assistance: means the provision by the staff of the facility of one (1) or more of the following services:
  • Idaho Code 39-3302
  • Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114
  • Personal property: All property that is not real property.
  • Political subdivision: means a city or county. See Idaho Code 39-3302
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Resident: means an adult who lives in a residential care or assisted living facility. See Idaho Code 39-3302
  • Residential care or assisted living facility: means a facility or residence, however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals and lodging to three (3) or more adults not related to the owner. See Idaho Code 39-3302
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Statute: A law passed by a legislature.
  • Substantial compliance: means a facility has no core issue deficiencies. See Idaho Code 39-3302
  • Supervision: means administrative activity which provides the following: protection, guidance, knowledge of the resident’s general whereabouts, and assistance with activities of daily living. See Idaho Code 39-3302
  • Supportive services: means the specific services that are provided to the resident in the community. See Idaho Code 39-3302