39-3357. ENFORCEMENT PROCESS. (1) If the licensing agency finds, on the basis of inspections as defined in this chapter or otherwise, that a residential or assisted living facility no longer meets a requirement of this chapter, and further finds that the facility’s deficiencies:
(a) Immediately jeopardize the health or safety of its residents, the department shall take immediate action to remove the jeopardy and correct the deficiencies through the remedy specified in section 39-3358(1)(c), Idaho Code, or prohibit the facility from keeping or admitting residents and may provide, in addition, for one (1) or more of the other remedies described in section 39-3358, Idaho Code.
(b) Do not immediately jeopardize the health or safety of its residents, the department shall provide for one (1) or more of the remedies described in section 39-3358, Idaho Code.
(2) Nothing in this section shall be construed as restricting the remedies available to the department to remedy a facility’s deficiencies. If the department finds that a facility meets the requirements of this chapter, but, as of a previous period, intentionally did not meet such requirements, the department may provide for a civil money penalty under section 39-3358(1)(b), Idaho Code, for the days in which it finds that the facility was not in compliance with such requirements.
(3) Residential care or assisted living facilities may be cited only for a violation of a requirement that is specified in an applicable law or in a rule promulgated in compliance with an applicable law. Facilities may not be cited for an act that is not expressly proscribed by an applicable law or rule or for an omission when an applicable law or rule does not expressly require the conduct omitted. If the department requires a specific corrective action in relation to a citation, that requirement must be in writing and reference the corresponding rule.
History:
[39-3357, added 1990, ch. 116, sec. 2, p. 258; am. 2000, ch. 274, sec. 42, p. 826; am. 2016, ch. 210, sec. 1, p. 593.]
Structure Idaho Code
Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT
Section 39-3301 - LEGISLATIVE INTENT AND DECLARATION.
Section 39-3302 - DEFINITIONS.
Section 39-3303 - PAYMENT LEVELS.
Section 39-3304 - TYPES OF FACILITIES.
Section 39-3306 - STATE LICENSING TO SUPERSEDE LOCAL REGULATION.
Section 39-3309 - NEGOTIATED SERVICE AGREEMENT.
Section 39-3313 - ADMISSION AGREEMENTS.
Section 39-3314 - TERMINATION OF ADMISSION AGREEMENTS.
Section 39-3315 - ADMISSION RECORDS.
Section 39-3316 - RESIDENT RIGHTS.
Section 39-3317 - NOTICE OF RIGHTS.
Section 39-3318 - FACILITY RESPONSE TO INCIDENTS AND COMPLAINTS.
Section 39-3321 - QUALIFICATIONS AND REQUIREMENTS OF ADMINISTRATOR.
Section 39-3322 - QUALIFICATIONS AND REQUIREMENTS FOR FACILITY STAFF.
Section 39-3324 - STAFF TRAINING.
Section 39-3325 - REQUIREMENTS FOR LOCATION AND PHYSICAL ENVIRONMENT OF FACILITIES.
Section 39-3326 - MEDICATIONS.
Section 39-3330 - ADVISORY COUNCIL.
Section 39-3331 - POWERS AND DUTIES OF THE ADVISORY COUNCIL.
Section 39-3333 - REIMBURSEMENT OF EXPENSES.
Section 39-3345 - DENIAL OR REVOCATION OF A LICENSE.
Section 39-3349 - RESPONSIBILITY FOR INSPECTIONS AND TECHNICAL ASSISTANCE.
Section 39-3352 - UNLICENSED RESIDENTIAL CARE OR ASSISTED LIVING FACILITIES.
Section 39-3354 - WAIVER OR VARIANCE.
Section 39-3354A - SPECIAL WAIVER PERMITTED.
Section 39-3355 - INSPECTIONS.