Idaho Code 39-3352 – Unlicensed Residential Care or Assisted Living Facilities
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(1) No unlicensed residential care or assisted living facility shall operate in this state.
(2) A facility shall be deemed to be an "unlicensed residential care or assisted living facility" and "maintained and operated to provide services" if it is unlicensed and not exempt from licensure, and any one (1) of the following conditions is satisfied:
(a) The facility is, or is held out as or represented as, providing care, supervision and services.
(b) The facility accepts or retains residents who demonstrate the need for care, supervision, and services, as defined in this chapter or the rules adopted pursuant to this chapter.
Terms Used In Idaho Code 39-3352
- Adult: means a person who has attained the age of eighteen (18) years. See Idaho Code 39-3302
- Department: means 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.
- Facility: means a residential care or assisted living facility. See Idaho Code 39-3302
- License: means a basic permit to operate a residential care or assisted living facility. 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
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. 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 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
(3) Upon discovery of an unlicensed residential care or assisted living facility, the department shall refer residents to the appropriate placement or adult protective services agency if either of the following conditions exist:
(a) There is an immediate threat to the resident’s health and safety.
(b) The facility will not cooperate with the licensing agency to apply for a license, meet licensing standards, and obtain a valid license.
(4) A person found to be operating a residential care or assisted living facility without a license shall be guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six (6) months, or by a fine not to exceed five thousand dollars ($5,000).
(5) In the event the county attorney in the county where the alleged violation occurred fails or refuses to act within thirty (30) days of notification of the violation, the attorney general is authorized to prosecute violations under the provisions of this section.