Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA)
RULE ENFORCEMENT PROCESS AND REMEDIES
Section 16.03.21.600 - ENFORCEMENT PROCESS

Universal Citation: ID Admin Code 16.03.21.600

Current through September 2, 2024

The Department may impose a remedy when it determines an agency has not met the requirements in these rules.

01. Determination of Remedy. In determining which remedy to impose, the Department will consider the agency's compliance history, change of ownership, the number of deficiencies, the scope and severity of the deficiencies, and the potential risk to participants. Subject to these considerations, any one or combination of the following remedies, is subject under these rules for notice and appeal:

a. Require the agency to submit a plan of correction approved in writing by the Department;

b. Issue a provisional certificate with a specific date for correcting deficient practices;

c. Ban enrollment of all participants with specified diagnoses;

d. Ban any new enrollment of participants;

e. Summarily suspend the certificate and transfer participants; or

f. Revoke the agency's certificate.

02. Immediate Jeopardy. If the Department finds an agency's deficiency immediately jeopardizes the health or safety of its participants, the Department may summarily suspend the agency's certificate.

03. Repeat Deficiency. If the Department finds a repeat deficiency in an agency, it may impose any of the remedies listed in Subsection 600.01 of this rule, The Department may monitor the agency on an as-needed basis, until the agency has demonstrated to the Department's satisfaction that it is in compliance with these rules. If so, then certification will be granted. If not, the certificate will be denied or revoked.

04. Failure to Comply. The Department may impose one (1) or more of the remedies specified in Subsection 600.01 of this rule if:

a. The agency has not complied with any requirement in these rules within three (3) months after the date it was notified of its failure to comply with such requirement; or

b. The agency has failed to correct the deficiencies stated in the agency's accepted plan of correction and as verified by the Department, via resurveys.

Effective March 17, 2022

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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