Department Authority Over Certain Facilities — Immunity — Exceptions — Reports Made In Bad Faith

TITLE 39 HEALTH AND SAFETY CHAPTER 53 ADULT ABUSE, NEGLECT AND EXPLOITATION ACT 39-5309. department authority over certain facilities — immunity — exceptions — reports made in bad faith. (1) Skilled nursing facilities and employees of such facilities shall make reports required under this chapter to the department. If an employee at a state-licensed or state-certified residential facility fails to report maltreatment resulting in death or serious physical injury jeopardizing the life, health, or safety of a vulnerable adult as provided under this section, then the department shall have the authority over the facility to: (a)  Revoke its license or contract with the state to provide services; (b)  Deny payment; (c)  Assess and collect a civil monetary penalty with interest from the facility owner or facility administrator; (d)  Appoint temporary management; (e)  Close the facility or transfer residents to another certified facility; (f)  Direct a plan of correction; (g)  Ban admission of persons with certain diagnoses or requiring specialized care; (h)  Ban all admissions; (i)  Assign monitors; or (j)  Reduce the licensed bed capacity. (2)  Any action taken by the department pursuant to subsection (1) of this section shall be appealable as provided in chapter 52, title 67 , Idaho Code. (3)  Any person who makes a report pursuant to this chapter, testifies in an administrative or a judicial proceeding arising from such a report, or is authorized to provide supportive services pursuant to the provisions of this chapter shall be immune from any civil or criminal liability on account of such report, testimony, or services being provided in good faith, except that such immunity shall not extend to: (a)  Perjury; (b)  Reports made in bad faith or with malicious purpose; or (c)  In the provision of services, gross negligence under the existing circumstances. (4)  Any person who makes a report or allegation in bad faith, with malice, or knowing it to be false shall be liable to the party against whom the report was made for the amount of actual damages sustained or statutory damages in the amount of five hundred dollars ($500), whichever is greater, as well as for attorney’s fees and costs. If a court finds that a defendant acted with malice or oppression, then the court may award treble actual damages or treble statutory damages, whichever is greater.