The board shall have the power and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the standards for certified family homes pursuant to this chapter, including but not limited to the following:
(1) The care provider shall admit or retain no more than two (2) residents concurrently in the certified family home. However, the department may grant a variance for up to four (4) residents to receive care in the certified family home upon application by the care provider and upon a finding by the department that the certified family home is able to comply with the requirements of section 39-3507, Idaho Code. The department shall not grant a variance for requests to admit or retain more than two (2) residents who require nursing facility level of care as described in section 39-1301(b), Idaho Code. A variance to exceed the two (2) resident limit in a certified family home shall not be transferable to another resident or care provider. Certified family homes issued a variance to exceed the two (2) resident limit shall be subject to all statutes and rules governing certified family homes but shall not be subject to the residential care facility administrator licensing requirements of chapter 42, title 54, Idaho Code, or the requirements of section 39-3340, Idaho Code. Nothing in this subsection shall be construed to authorize increased group size for providers of any form of care other than certified family homes.(2) The care provider shall live in the certified family home as the care provider's primary residence.(3) An individual cannot be approved as a care provider operating a certified family home if the individual charges room or board to any person staying in the home who is not resident, a relative of the care provider, or full-time staff. A variance may be granted by the department for the spouse of a resident when the resident's spouse does not require personal assistance.(4) A home cannot be approved as a certified family home and for child foster care at the same time unless a variance is granted by the department.(5) The care provider, care provider's relative, or other adult living in the home shall not be the legal guardian of the resident unless the legal guardian is a relative of the resident. A variance may be granted by the department when it determines the guardianship is in the best interest of the nonrelative resident.(6) The care provider must have sufficient resources to maintain the home and the services offered.(7) Information obtained by the care provider about current or prospective residents shall be held confidential as described under section 39-3516(7), Idaho Code.(8) The board may implement recordkeeping and reporting requirements as deemed necessary. (a) The certified family home shall maintain and keep current a record of at least the following information for each resident:(i) Admission records, including but not limited to the admission agreement, assessment, plan of service, history and physical examination, review of resident rights policy, emergency contacts, advance directives if so formulated by the resident, and a list of belongings the resident or resident representative chooses to inventory; and(ii) Ongoing resident records as applicable, including but not limited to: medication management; incidents, accidents, or changes in the resident's condition and the care provider's response; and financial accounting records for use of the resident's funds when the care provider is deemed to be managing such funds on behalf of the resident.(b) The care provider shall report at least the following: (i) To the certifying agent: any incident of house fire in the certified family home; any criminal investigation or conviction, or child protection or adult protection investigation, when the alleged perpetrator is the care provider, a substitute caregiver, or any adult member of the household; any critical incident; and any resident discharge from the home;(ii) To the Idaho commission on aging: in accordance with section 39-5303, Idaho Code, any abuse, neglect, or exploitation of a vulnerable adult when the care provider has reasonable cause to believe that such has occurred; and(iii) To local law enforcement: any serious physical injury to or the death of a resident when there is reasonable cause to believe the harm was due to abuse or neglect.(9) The board may implement requirements to ensure the safety and adequate care of residents. The care provider shall be responsible for ensuring appropriate and adequate supervision is provided to each resident based on the resident's plan of service.(10) The board may implement requirements for management of medications, including:(a) Development of acceptable policies and procedures regarding the following: (i) Following the orders of the resident's health care professionals;(ii) Maintaining evidence of such orders; and(iii) Training guidance that must be completed prior to any individual assisting the resident with medications;(b) For residents who wish to self-administer their own medications, the evaluation and approval criteria that shall be met prior to the care provider allowing the resident to self-administer medications; and(c) For residents who need assistance with medications:(i) Conditions under which certified family home staff may offer assistance, taking into consideration the resident's health status, level of assistance needed, and scope of any professional license held by the individual offering assistance;(ii) Storage and safeguarding of medications, including taking regular inventory of narcotic medications;(iii) Documentation of assistance; and(iv) Proper and timely disposal of discontinued, unused, loose, or expired medications.(11) The certified family home staff shall allow certifying agents to inspect and investigate the certified family home as necessary to determine compliance with this chapter and the department's rules.(12) The board may establish rules for the revocation of certification or other enforcement actions.Added by 2024 Session Laws, ch. 63,sec. 9, eff. 7/1/2024.Repealed by 2024 Session Laws, ch. 63,sec. 8, eff. 7/1/2024.[(39-3505) 39-3561, added 1994, ch. 284, sec. 1, p. 887; am. 2000, ch. 274, sec. 101, p. 851; am. 2003, ch. 201, sec. 3, p. 531; am. and redesig. 2005 , ch. 280, sec. 43 , p. 908.]