56-235A. PROHIBITIONS, RESTRICTIONS AND LIMITATIONS ON ADMISSION. (1) The southwest Idaho treatment center shall not admit, accept or receive any person unless an admission-discharge committee determines that:

(a) The individual has a developmental disability;

(b) The individual meets the level of care requirements and active treatment requirements for admission to an intermediate care facility for persons with intellectual disabilities;

(c) All community facilities, options and supports have been exhausted, and there is no available community facility or private residence that is least restrictive, appropriate and consistent with the needs of the individual; and

(d) The southwest Idaho treatment center is the least restrictive available residential placement consistent with the needs of the individual after considering all available and appropriate community facilities and private residences.

(2) The director may limit admissions and establish admission priorities to the southwest Idaho treatment center through rulemaking in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department to the facility. The southwest Idaho treatment center may refuse any applicant for voluntary admission.

(3) Subsections (1) and (2) of this section do not apply to:

(a) Temporary emergency admissions or placements for crisis stabilization only, for up to ninety (90) days, that are preauthorized by the director; or

(b) Admissions or placements made by the director pursuant to section 66-406, Idaho Code.

History:

[56-235A, added 2011, ch. 101, sec. 3, p. 258; am. 2012, ch. 107, sec. 9, p. 294.]