Definitions – A Through Z

For the purposes of this chapter of rules, the following terms apply. (3-17-22) 01. Abuse. The non-accidental act of sexual, physical, verbal, or mental mistreatment, or injury of a participant through the action or inaction of another individual. (7-1-26) 02. Adult Residential Care Facility. A facility that provides any service or group of services which provide care to the developmentally disabled on an inpatient or residential basis. (7-1-26) 03. Advocate. An authorized or designated representative of a program or organization operating under federal or state mandate to represent the interests of developmentally disabled, mentally ill, or elderly participants. (7-1-26) 04. Communicable Disease. A disease that may be transmitted from one (1) person or animal to another person either by direct contact or through an intermediate host, vector, inanimate object, or other means that may result in infection, illness, disability, or death. (3-17-22) 05. Deficiency. A determination of non-compliance with a specific rule or part of rule. (3-17-22) 06. Department. The Idaho Department of Health and Welfare. (3-17-22) 07. Developmental Disability Agency (DDA). A business entity that meets the definition of a developmental disabilities facility provided in Section 39-4604(3), Idaho Code, that is certified by the Department to provide services to eligible individuals. (7-1-26) 08. Exploitation. An action that may include, but is not limited to, the unjust or improper use of a vulnerable participant’s financial power of attorney, funds, property, or resources by another person for profit or advantage. (7-1-26) 09. Health Care Professional. An individual licensed to provide health care within their respective discipline and scope of practice. (3-17-22) 10. Immediate Jeopardy. A level of non-compliance with one (1) or more requirements in this chapter that has caused, or is likely to cause, serious injury, harm, impairment, or death to a participant that requires an immediate response. (7-1-26) 11. Maladaptive Behavior. Any behavior that significantly interferes with participant care or presents a danger to self or others. (7-1-26) 12. Medication. Any substance or drug used to treat a disease, condition, or symptoms that may be taken orally, injected, or used externally, and is available through prescription or over the counter. (7-1-26) IDAHO ADMINISTRATIVE CODE IDAPA 16.03.21 – DDAs, Residential Habilitation Department of Health and Welfare Agencies, & Adult Residential Care Facilities Section 100 Page 4 13. Neglect. The failure to provide food, clothing, shelter, or medical care reasonably necessary to sustain the life and health of a vulnerable adult as defined in Section 18-1505, Idaho Code. (7-1-26) 14. Participant. An individual receiving services through a DDA, Residential Habilitation Agency or Adult Residential Care Facility. (7-1-26) 15. Residential Habilitation. Services consisting of an integrated array of individually tailored services and supports furnished to an eligible participant that are designed to assist them to reside successfully in their own home. Services include personal care services, and skill training. Individuals who provide residential habilitation services must be employed by a residential habilitation agency. (7-1-26) 16. Physical Restraint. Any manual hold or mechanical device that the participant cannot remove easily, and which restricts the free movement of or normal functioning of any portions of a participant’s body. (7-1-26) 17. Plan of Service. An initial plan, annual plan, or addendum that identifies all services offered . (7-1-26) 18. Repeat Deficiency. The Department has found an organization is out of compliance with a rule and received a citation on two (2) consecutive surveys. (7-1-26) 19. Substantial Compliance. A level of compliance that has not or will not cause significant injury that requires medical attention to a participant. (7-1-26) 20. Survey. A review conducted by the Department to determine compliance with statutes and rules. (3-17-22) 21. Time Out. A separate unlocked room or location, that is supervised, that is used to remove a participant from an activity that may be triggering or reinforcing maladaptive behavior. (7-1-26) 011. – 099. (RESERVED) 100. CERTIFICATION REQUIREMENTS FOR DDA, RESIDENTIAL HABILITATION AGENCIES, AND ADULT RESIDENTIAL CARE FACILITIES. 01. Application for Initial Certification. Certification will be issued to any organization upon completing an application demonstrating compliance with these rules (7-1-26) 02. Content of Application for Certification. The application must include: (7-1-26) a. Business names of the organization as filed with the Secretary of State; (7-1-26) b. Organizational chart or plan for staffing; (7-1-26) c. The following Policies and Procedures; (7-1-26) i. Staff and volunteer qualifications including, roles, responsibilities and organization expectations; (7-1-26) ii. Staff training that is specific and appropriate to the population served; (7-1-26) iii. Infection prevention measures to mitigate the spread of communicable diseases; (7-1-26) iv. General health care services including assessment and treatment of acute and chronic complaints or situations. (7-1-26) v. Transportation safety, including the organization’s preventive maintenance program, inspection IDAHO ADMINISTRATIVE CODE IDAPA 16.03.21 – DDAs, Residential Habilitation Department of Health and Welfare Agencies, & Adult Residential Care Facilities Section 100 Page 5 intervals, insurance coverage, and licensed driver requirements for organization owned vehicles, and a policy for staff owned vehicles, if applicable; (7-1-26) vi. The organization must ensure the participant and the guardian, if applicable, has been informed of how to file a grievance. The organization must respond to the grievance within fourteen (14) days or less; (7-1-26) vii. Medication standards; (7-1-26) viii. Behavior Management, including approved interventions to manage inappropriate or maladaptive behaviors, and restraints if applicable; (7-1-26) ix. Reporting incidents of abuse, neglect and exploitation including notifying the proper authorities; (7-1-26) x. Incident Reports for all events that occur during service delivery that interfere with the participants’ safety or ability to participate; (7-1-26) xi. Termination of services that ensures the safety of the participant and notifies all relevant parties; (7-1-26) xii. The organization will only accept and retain participants for whom the organization has the appropriate staff and skills to provide the services; and (7-1-26) xiii. Each organization must ensure the rights provided under Section 66-412, Idaho Code, and will ensure the participant’s privacy and confidentially, promote independence in the community and allow participants to refuse services. (7-1-26) d. DDA center and Adult Residential Care Facilities must include the following: (7-1-26) i. “Americans with Disabilities Act Accessibility Guidelines,” under 28 CFR Part 36, Appendix checklist, local fire safety inspection, and Certificate of Occupancy; and; (7-1-26) ii. Policies and procedures for responding to fire, emergencies, including emergency evacuation plans. (7-1-26) 03. Denial of an Application. The Department may deny any application for the following reasons; (7-1-26) a. The applicant is not in substantial compliance with these rules; (7-1-26) b. The applicant has willfully misrepresented or omitted information on the application; or (7-1-26) c. The administrator or owner of an organization whose certification has been revoked within the last five (5) years. (7-1-26) 04. Certificate. The Department will issue an initial six (6) month certificate when it is determined the organization is in substantial compliance. Following the initial or a provisional certificate the Department will issue a one year (1-year) certificate, or as needed to determine compliance with rules. A three (3) year certificate is issued when it is determined the organization is in substantial compliance. (7-1-26) a. Application of renewal. An organization must apply to renew its certificate no less than sixty (60) days before the expiration date. (7-1-26) b. Expiration. Expiration of a certificate without a timely request for renewal rescinds the organization’s certificate. (7-1-26) c. DDA Center and Adult Residential Care Facility, the certificate must be posted and visible to the IDAHO ADMINISTRATIVE CODE IDAPA 16.03.21 – DDAs, Residential Habilitation Department of Health and Welfare Agencies, & Adult Residential Care Facilities Section 117 Page 6 public. (7-1-26) 05. Survey and Investigations. (7-1-26) a. Investigation Survey. The Department will investigate complaints of alleged rule violations. Complainant information is kept confidential. (7-1-26) b. Method of Investigation. The Department will determine the method used to investigate the complaint. (7-1-26) c. Notification to Complainant. The Department will provide a written response to the complainant upon completion of the investigation. (7-1-26) d. Licensing and Certification will conduct survey and investigation at specified intervals to determine compliance with this chapter of rules and Title 66, Chapter 4, Idaho Code and Section 39-4605, Idaho Code. (7-1-26) 06. Notification To the Department. (7-1-26) a. The Department must be notified when the organization's owner, administrator, service area, or address changes; and (7-1-26) b. New ownership, certificates are not transferable. (7-1-26) 101. – 116. (RESERVED)