39-3502. DEFINITIONS. As used in this chapter:

(1) "Abuse" means a nonaccidental act of sexual, physical or mental mistreatment or injury of a resident through the action or inaction of another individual.

(2) "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.

(3) "Adult" means a person who has attained the age of eighteen (18) years.

(4) "Advocate" means an authorized or designated representative of a program or organization operating under federal or state mandate to represent the interests of a population group served by the certified family home.

(5) "Assessment" means the conclusion reached using uniform criteria which identifies resident strengths, weaknesses, risks and needs, to include functional, medical and behavioral. The assessment criteria shall be developed by the department and the advisory council.

(6) "Board" means the board of health and welfare.

(7) "Care provider" means the adult member of the home family responsible for maintaining the certified family home. The care provider and the legal owner may not necessarily be the same person. The care provider must live in the home.

(8) "Certified family home" means a family-styled living environment in which two (2) or fewer adults live who are not able to reside in their own home and who require care, help in daily living, protection and security, supervision, personal assistance and encouragement toward independence.

(9) "Certifying agent" means a person acting under the authority of the department to participate in the certification, inspection and regulation of a family home.

(10) "Chemical restraint" means any drug that is used for discipline or convenience and not required to treat medical symptoms.

(11) "Client" means any person who receives financial aid and/or services from an organized program of the department.

(12) "Core issues" means abuse, neglect, exploitation, inadequate care, inoperable fire detection or extinguishing systems with no fire watch in place pending the correction of the system, and situations in which advocates, representatives and department certification staff are denied access to records, residents or the certified family home.

(13) "Department" means the Idaho department of health and welfare.

(14) "Director" means the director of the Idaho department of health and welfare.

(15) "Exploitation" means the misuse of a vulnerable adult’s funds, property or resources by another person for profit or advantage.

(16) "Governmental unit" means the state, any county, any city, other political subdivision, or any department, division, board or other agency thereof.

(17) "Home family" means all individuals related by blood, marriage or adoption, other than residents residing in the certified family home.

(18) "Inadequate care" occurs when a certified family home fails to provide the services required to meet the terms of the negotiated plan of service or provide for room, board, activities of daily living, supervision, first aid, assistance and monitoring of medications, emergency intervention, coordination of outside services or a safe living environment; or engages in violations of residents’ rights or takes residents who have been admitted in violation of the provisions of section 39-3507, Idaho Code.

(19) "Medical foster home" means a private home approved by the department of veterans affairs in which a caregiver provides long-term primary health care to veteran residents with serious chronic disease and disability, as described in 38 CFR part 17.

(20) "Neglect" means failure to provide food, clothing, shelter, or medical care necessary to sustain life and health of a resident.

(21) "Negotiated service agreement" means the agreement reached by the resident or their representative, if applicable, and the facility, based on the assessment, physician’s orders if any, admission records if any, and desires of the resident and which outlines services to be provided and the obligations of the certified family home and the resident.

(22) "Personal assistance" means the provision by the certified family home of one (1) or more of the following services:

(a) Assisting the resident with activities of daily living.

(b) Arranging for supportive services.

(c) Being aware of the resident’s general whereabouts.

(d) Monitoring the activities of the resident while on the premises of the facility to ensure the resident’s health, safety and well-being.

(23) "Political subdivision" means a city or county.

(24) "Representative of the department" means an employee of the department.

(25) "Resident" means an adult who lives in a certified family home and who requires personal assistance or supervision.

(26) "Room and board" means lodging and meals.

(27) "Substantial compliance" means a certified family home has no core issue deficiencies.

(28) "Substitute caregiver" means an adult designated by the certified family home provider to provide care and services in a certified family home in the temporary absence of the regular care provider.

(29) "Supervision" means administrative activity which provides the following: protection, guidance, knowledge of the resident’s whereabouts and monitoring activities. The care provider is responsible for providing appropriate supervision based on each resident’s negotiated service agreement.

(30) "Supportive services" means the specific services that are provided to the resident in the community and that are required by the negotiated service agreement or reasonably requested by the resident.

History:

[39-3502, added 1993, ch. 374, sec. 1, p. 1355; am. 1994, ch. 284, sec. 2, p. 890; am. 1996, ch. 207, sec. 25, p. 645; am. 2000, ch. 274, sec. 65, p. 833; am. 2005, ch. 280, sec. 35, p. 900; am. 2007, ch. 90, sec. 20, p. 257; am. 2015, ch. 47, sec. 1, p. 99.]