Idaho State Statutes - Idaho Attorney Directory

(1)
No unlicensed residential care or assisted living facility shall operate in
this state.
(2) A facility shall be deemed to be an "unlicensed residential care or
assisted living facility" and "maintained and operated to provide services" if
it is unlicensed and not exempt from licensure, and any one (1) of the
following conditions is satisfied:
(a) The facility is, or is held out as or represented as, providing care,
supervision and services.
(b) The facility accepts or retains residents who demonstrate the need
for care, supervision, and services, as defined in this chapter or the
rules adopted pursuant to this chapter.
(3) Upon discovery of an unlicensed residential care or assisted living
facility, the department shall refer residents to the appropriate placement or
adult protective services agency if either of the following conditions exist:
(a) There is an immediate threat to the resident's health and safety.
(b) The facility will not cooperate with the licensing agency to apply
for a license, meet licensing standards, and obtain a valid license.
(4) A person found to be operating a residential care or assisted living
facility without a license shall be guilty of a misdemeanor punishable by
imprisonment in a county jail not to exceed six (6) months, or by a fine not
to exceed five thousand dollars ($5,000).
(5) In the event the county attorney in the county where the alleged
violation occurred fails or refuses to act within thirty (30) days of
notification of the violation, the attorney general is authorized to prosecute
violations under the provisions of this section.

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