39-3358. SPECIFIED REMEDIES. (1) The department shall establish at least the following remedies:
(a) Prohibit the facility from admitting residents or prohibit a facility from keeping or admitting residents with a specific diagnosis.
(b) A civil money penalty assessed and collected, with interest, for each day the facility is or was out of compliance with a requirement of this chapter. Funds collected by the department as a result of imposition of such a penalty shall be applied to the protection of the health or property of residents of residential or assisted living facilities that the department finds deficient, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost.
(c) The appointment of temporary management to oversee the operation of the facility and to assure the health and safety of the facility’s residents, where there is a need for temporary management while:
(i) There is an orderly closure of the facility.
(ii) Improvements are made in order to bring the facility into compliance with all the requirements of this chapter.
(iii) The temporary management under this clause shall not be terminated until the department has determined that the facility has the management capability to ensure continued compliance with all the requirements of this chapter.
(d) The authority, in the case of an emergency, to summarily suspend the license, to close the facility, and/or to transfer residents in that facility to other facilities.
(2) The department shall also specify criteria as to when and how each of such remedies is to be applied, the amounts of any fines, and the severity of each of these remedies, to be used in the imposition of such remedies. Such criteria shall be designed so as to minimize the time between the identification of violations and final imposition of the remedies and shall provide for the imposition of incrementally more severe fines for repeated or uncorrected deficiencies.
History:
[39-3358, added 1990, ch. 116, sec. 2, p. 258; am. 2000, ch. 274, sec. 43, p. 827.]
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.