Boise Senior AdvisorWhat enforcement actions can Idaho take against a Boise assisted living facility?
IDHW can require an outside consultant, limit or ban admissions, impose civil monetary penalties, appoint a temporary manager, issue a provisional license, or act immediately under Idaho Code 39-3358 when residents' health or safety is in immediate jeopardy.
Section 900 says the Department weighs the facility's compliance history and the number, scope and severity of deficiencies, and may combine actions. In our five counties, 20 of 106 licensed RALFs have at least one enforcement action on IDHW's record, 38 actions in all, going back as far as the search reaches.
How are civil monetary penalties calculated in Idaho?
A civil monetary penalty is $10 for each day a facility is out of compliance, per deficiency, multiplied by the number of occupied licensed beds, with caps on how much can accrue in any 90-day period.
| Occupied beds in the facility | Most that can accrue in 90 days for a repeat deficiency |
|---|---|
| 3-4 beds | $2,880 |
| 5-50 beds | $6,400 |
| 51-100 beds | $10,800 |
| 101-150 beds | $17,600 |
| 151 or more beds | $29,200 |
Source: IDAPA 16.03.22.925.02.
Penalties may be imposed for operating without a license, for repeat non-core deficiencies that put residents at significant risk, or for failing to meet the conditions of a provisional license; actual harm does not have to occur. One act or omission cannot produce multiple penalties even if it breaks more than one rule. Unpaid penalties accrue interest, and failure to pay can lead to revocation or to the amount being withheld from Medicaid payments.
What is a ban on admissions or a provisional license?
A limit or ban on admissions stops a facility from taking new residents until IDHW finds it back in substantial compliance; a provisional license lets it keep operating under written conditions after core issues, uncorrected or repeat non-core issues, or a missing plan of correction.
IDHW may limit admissions when a home is understaffed or its staff are not trained for more residents, when it lacks the resources for more residents, when repeat core issues appear on a follow-up survey, or when no acceptable plan of correction arrives. Current residents can stay during a ban. If a family is considering a home that is under one, ask what the conditions are and when the next follow-up survey is due.
When does Idaho send in a consultant or a temporary manager?
A consultant can be required when an acceptable plan of correction has not been submitted or IDHW finds repeat deficient practice, and a temporary manager can be appointed when there is immediate jeopardy, for example to relocate residents safely during a closure.
The licensee pays the temporary manager's compensation. The consultant files periodic reports with the licensing agency. On IDHW's search these actions appear in the Enforcements table with dates imposed and lifted, and our facility pages copy that table.
Families who see an open action should ask the administrator directly and can call the RALF program at (208) 364-1962. See also how to raise a concern.
Side by side
| An enforcement action means | An enforcement action does not mean | |
|---|---|---|
| For the facility | IDHW required correction backed by a sanction | The license was revoked |
| For residents | Closer state attention until it is lifted | Residents must move out |
| History | A dated record of what happened | Proof the problem continues today |
Drawn from IDAPA 16.03.22, Idaho Code 39-33, IDHW and Idaho Commission on Aging publications, CareScout, CMS and the VA; our editorial standards explain how we check them.
