Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES
Section 16.04.17.010 - DEFINITIONS - A THROUGH N
Current through August 31, 2023
For the purposes of these rules the following terms are used as defined below: (3-17-22)
01. Abuse. The non-accidental act of sexual, physical, verbal, or mental mistreatment, or injury of a resident through the action or inaction of another individual. (3-17-22)
02. Administrator. The individual who has primary responsibility for the direction and control of an agency. (3-17-22)
03. Advocate. An authorized or designated representative of a program or organization operating under federal or state mandate to represent the interests of a person with developmental disabilities. A participant may act as their own advocate. (3-17-22)
04. Agency. Any business entity that directly provides residential habilitation services. (3-17-22)
05. Board. The Idaho Board of Health and Welfare. (3-17-22)
06. Certificate. A permit to operate a residential habilitation agency. (3-17-22)
07. Complaint. A formal expression of dissatisfaction, discontent, or unhappiness by or on behalf of a participant concerning the services provided by the agency. This expression can be oral, in writing, or by alternative means of communication. (3-17-22)
08. Complaint Investigation. An investigation of an agency to determine the validity of allegations of non-compliance with applicable state rules. (3-17-22)
09. Deficiency. A determination of non-compliance with a specific rule, or part of a rule. (3-17-22)
10. Department. The Idaho Department of Health and Welfare, or a person authorized to act on behalf of the Department. (3-17-22)
11. Direct Service Staff. Any individual employed by the agency that provides direct services and supports to the participant. (3-17-22)
12. Director. Director of the Idaho Department of Health and Welfare, or their designee. (3-17-22)
13. 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. (3-17-22)
14. Functional Assessment. An evaluation of the participant's strengths, needs, and interests that guides the development of program plans or plan of care. (3-17-22)
15. Governing Authority. The designated person or persons (i.e., board) who assume full responsibility for the conduct and operations of the residential habilitation services agency. (3-17-22)
16. Guardian. A legally-appointed person who has decision-making responsibility for the care or property of another, under Section 15-5-301, et seq., Idaho Code, or Section 66-404, Idaho Code. (3-17-22)
17. Habilitation services. Service aimed at assisting the individual to acquire, retain, or improve their ability to reside as independently as possible in the community or maintain family unity. Habilitation services include training in one (1) or more of the following areas: self-direction, money management, daily living skills, socialization, mobility, and behavior-shaping and management. (3-17-22)
18. Immediate Jeopardy. A situation in which the provider's non-compliance with one (1) or more requirements in this chapter of rules has caused, or is likely to cause, serious injury, harm, impairment, or death to a participant. (3-17-22)
19. Inadequate Care. The failure to provide the services required to meet the terms of the plan of service. (3-17-22)
