(1) The licensing agency shall cause to be made such inspections and investigations to determine compliance with this chapter and applicable rules.
(2)  Inspections for such purposes will be made unannounced and without prior notice at the discretion of the department and at intervals determined by the licensing agency.
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Terms Used In Idaho Code 39-3355

  • 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
  • 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
  • Allegation: something that someone says happened.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the Idaho department of health and welfare. See Idaho Code 39-3302
  • 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
  • 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
  • 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
  • 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
(3)  An inspector shall have full access and authority to examine, among other things, quality of care and service delivery, a facility’s records, resident accounts, physical premises, including buildings, grounds and equipment, and any other areas necessary to determine compliance with this chapter and applicable rules.
(4)  An inspector shall have authority to interview the licensee, administrator, staff and residents. Interviews with residents shall be confidential and conducted privately unless otherwise specified by the resident.
(5)  The licensing agency shall notify the facility, in writing, of all deficiencies and shall approve a reasonable length of time for compliance by the facility.
(6)  Current lists of deficiencies, including plans of correction, shall be available to the public upon request in the individual facilities or by written request to the department.
(7)  The department shall accept an accreditation survey from an accreditation commission for a residential care or assisted living facility instead of regular compliance inspections conducted under the authority of this section if all of the following conditions are met:
(a)  The accreditation commission’s standards meet or exceed the state requirements for licensure for residential care or assisted living facilities;
(b)  The facility submits to the department a copy of its required accreditation reports to the accreditation commission in addition to the application and any other information required for renewal of a license;
(c)  The inspection results are available for public inspection to the same extent that the results of an investigation or inspection conducted under this section are available for public inspection;
(d)  The accreditation commission complies with the health insurance portability and accountability act and takes reasonable precautions to protect the confidentiality of personally identifiable information concerning the residents of the facility; and
(e)  If the facility’s accreditation report is not valid for the entire licensure period, the department may conduct a compliance inspection of the facility during the time period for which the department does not have a valid accreditation report.
(8)  The department shall not conduct an onsite compliance inspection of the residential care or assisted living facility during the time the accreditation report is valid except for complaint surveys, reportable incidents, or in cases of emergencies. Accreditation does not limit the department in performing any power or duty under this chapter or inspection authorized under this section, including taking appropriate action relating to a residential care or assisted living facility, such as suspending or revoking a license, investigating an allegation of abuse, exploitation, or neglect or another complaint, or assessing an administrative penalty.