Current through August 31, 2023
Section 16.03.02.100 - ADMINISTRATION01.Governing Body. Each facility must be organized and administered under one (1) authority which may be a proprietorship, partnership, association, corporation, or governmental unit. The following requirements must be met: (3-17-22) a. That the true name and current address for each person or business entity having a five percent (5%) or more direct, or indirect, ownership interest in the facility is supplied to the Department at the time of licensure application or preceding any change in ownership. (3-17-22)b. That the names, addresses, and titles of offices held by all members of the facility's governing authority are submitted to the Department. (3-17-22)c. That a copy of the lease (if a building or buildings are leased to a person or persons to operate as a facility) showing clearly in the context which party to the agreement is to be held responsible for the maintenance and upkeep of the property to meet minimum standards is available for review by the Department. Terms of the financial arrangement may be omitted from the copy of the lease available to the Department. (3-17-22)02.Administrator. The governing body, owner, or partnership must appoint a licensed nursing home administrator for each facility who is responsible and accountable for carrying out the policies determined by the governing body. In combined hospital and nursing home facilities, the administrator may serve both the hospital and nursing home provided they are currently licensed as a nursing home administrator. The following requirements must be met: (3-17-22) a. In the absence of the administrator, an individual who is responsible and accountable and at least twenty-one (21) years of age is to be authorized, in writing, to act in their behalf to assure administrative direction of the facility. (3-17-22)b. The administrator is responsible for establishing and assuring the implementation of written policies and procedures for each service offered by the facility, or through arrangements with an outside service. (3-17-22)c. The administrator, their relatives, or employees, are not to act as, the legal guardian of, or have power of attorney for any residents unless specifically adjudicated as such by appropriate legal order. (3-17-22)d. The administrator is to provide to the public and the resident an accurate description of the facility services and care. Representation of the facility's services to the public is not to be misleading. (3-17-22)e. The administrator is responsible for providing sufficient and qualified staff to carry out all of the basic services offered by the facility. (3-17-22)f. The administrator, owner, and employees of a facility are governed by the provisions of Section 152-616, Idaho Code, concerning the devise or bequest of a resident's property by a last will and testament. (3-17-22)03.Admission Policies. The administrator must establish written admission policies for all resident admissions and be available to residents, their relatives, and to the general public. The following requirements must be met: (3-17-22) a. A history and physical examination is recorded within forty-eight (48) hours after admission to the facility, unless the resident is accompanied by a record of a physical examination completed by a physician not more than five (5) days prior to admission. (3-17-22)b. Information upon admission includes the results of a tuberculosis skin test, chest x-ray, medical and/or psycho-social diagnosis, physician's plan of care, the resident's activity limitation, and the rehabilitation potential, and are to be dated and signed by the physician. (3-17-22)c. No children other than residents are to regularly occupy any portion of the resident living area. (3-17-22)d. Reasonable precautions are taken in all admissions for the safety of other residents. (3-17-22)e. Nothing in these rules and minimum standards should be construed as to require any facility to compel any person to undergo any medical screening, examination, diagnosis, or treatment or to accept any other health care or services provided under such plan for any purpose (other than for the purpose of discovering and preventing the spread of infection or other contagious disease or for the purpose of protecting environmental health), if such person objects (or, in case such person is a child, their parent or guardian objects), thereto on religious grounds. (3-17-22)04.Use of Restraints. The following types of restraints must not be used under any conditions: canvas jackets, canvas sheets, canvas cuffs, leather belts, leather cuffs, leather hand mitts or restraints requiring a lock and key. (3-17-22)05.Record of Resident's Personal Valuables. An inventory and proper accounting must be kept for all valuables entrusted to the facility for safekeeping and the status of the inventory is to be available to the resident, their conservator, guardian, or representative for review upon request. (3-17-22)06.Accident or Injury. The administrator must show evidence of written safety procedures for handling of residents, equipment lifting, and the use of equipment. The following requirements must be met: (3-17-22)a. That an incident-accident record be kept of all incidents or accidents sustained by employees, residents, or visitors in the facility and include the following information: (3-17-22)i. Name and address of employee, resident, or visitor; (3-17-22)ii. A factual description of the incident or accident; (3-17-22)iii. Description of the condition of the resident, employee, or visitor including any injuries resulting from the accident; and (3-17-22)iv. Time of notification of physician, if necessary. (3-17-22)b. That the physician is immediately notified regarding any resident injury or accident when there are significant changes requiring intervention or assessment. (3-17-22)c. That immediate investigation of the cause of the incident or accident be instituted by the facility administrator and any corrective measures indicated adopted. (3-17-22)Idaho Admin. Code r. 16.03.02.100