Current through August 31, 2023
01.
General Requirements. Before
any person either directly or indirectly operates a facility, they must make an
application for and receive a valid license for operation of the facility, and
no resident must be admitted or cared for in a facility that is required under
Idaho law to be licensed, until a license is obtained. (3-17-22)
a. The facility and all related buildings
associated with the operation of the facility, as well as all records required
under these rules, must be accessible at any reasonable time to authorized
representatives of the Department for the purpose of inspection, with or
without prior notice. (3-17-22)
b.
Before any building is constructed or altered for use as a facility, written
approval of construction or alteration of plans must be obtained from the
Department. (3-17-22)
c.
Information received by the licensing agency through filed reports, inspection,
or as otherwise authorized under this law, must not be disclosed publicly in
such a manner as to identify individual residents except in a proceeding
involving the question of licensure. Public disclosure of information obtained
by the licensing agency for the purposes of this law must be governed by rules,
regulations, and minimum standards adopted by the Board.
(3-17-22)
02.
Application for an Initial License. In addition to obtaining prior
approval of plans for construction or alterations, all persons planning the
operation of a facility must provide a Department-approved application for an
initial facility license at least three (3) months prior to the planned opening
date with the following: (3-17-22)
a. Evidence
of a request for a determination of applicability for Section
1122 (Social Security Act)
regulatory review. (3-17-22)
b. A
copy of the nursing home administrator's license with the application.
(3-17-22)
c. A certificate of
occupancy from the local building and fire authority.
(3-17-22)
03.
Issuance of License. Every facility must be designated by a
distinctive name in applying for a license, and the name must not be changed
without first notifying the Department in writing at least thirty (30) days
prior to the date the proposed change in name is to be effective. (3-17-22)
a. Each license will be issued only for the
premises and persons or governmental units named in the application and will
not be transferable. (3-17-22)
b.
Each license will specify the maximum allowable number of beds in each
facility, which may not be exceeded, except on a time-limited emergency basis,
and authorized by the Department. (3-17-22)
c. The facility license must be framed and
posted so as to be visible to the general public. (3-17-22)
04.
Expiration and Renewal of
License. Each license to operate a facility must, unless sooner
suspended or revoked, expire on the date designated on the license. Each
application for renewal of a license must be submitted on a form prescribed by
the Department and prior to the renewal of the license. (3-17-22)
05.
Denial or Revocation of
License. The Director may deny the issuance of a license or revoke any
license when persuaded by a preponderance of the evidence that such conditions
exist as to endanger the health or safety of any resident, or that the facility
is not in substantial compliance with these rules and minimum standards.
(3-17-22)
a. Additional causes for denial of a
license may include the following: (3-17-22)
i. The applicant has willfully misrepresented
or omitted information on the application or other documents pertinent to
obtaining a license. (3-17-22)
ii.
The applicant of the person proposed as the administrator has been guilty of
fraud, gross negligence, abuse, assault, battery, or exploitation in
relationship to the operation of a health facility. (3-17-22)
iii. The applicant or the person proposed as
the administrator of the facility: (3-17-22)
(1) Has been denied or has had revoked any
health facility license; or (3-17-22)
(2) Has been convicted of operating any
health facility without a license; or (3-17-22)
(3) Has been enjoined from operating a health
facility; or (3-17-22)
b. Additional causes for revocation of
license. (3-17-22)
i. Any act adversely
affecting the welfare of residents is being permitted, aided, performed, or
abetted by the person or persons in charge of the facility. Such acts may
include, but are not limited to, neglect, physical abuse, mental abuse,
emotional abuse, violation of civil rights, or exploitation.
(3-17-22)
ii. Any condition exists
in the facility that endangers the health or safety of any resident.
(3-17-22)
iii. The licensee has
willfully misrepresented or omitted information on the application or other
documents pertinent to obtaining a license. (3-17-22)
iv. The applicant or administrator has
demonstrated lack of sound judgment in the operation or management of the
skilled nursing facility. (3-17-22)
v. The facility lacks adequate staff to
properly care for the number and type of residents residing at the facility.
(3-17-22)
vi. The applicant or
administrator of the facility: (3-17-22)
(1)
Has been denied or has had revoked any health facility license; or
(3-17-22)
(2) Has been convicted of
operating any health facility without a license; or (3-17-22)
(3) Has been enjoined from operating a health
facility or shelter home; or (3-17-22)
(4) Is directly under the control or
influence of any person who has been subject to the proceedings in Subsection
050.05.
(3-17-22)
06.
Change of Ownership, Operator, or
Lessee. When a change of a licensed facility's ownership, operator, or
lessee is contemplated, the owner/operator must notify the Department at least
thirty (30) days prior to the proposed date of change and new application
submitted when there is a change of operator, ownership, or lessee.
(3-17-22)
07.
Penalty for
Operating a Facility or Agency Without a License. Any person
establishing, conducting, managing, or operating any facility or agency as
defined, without a license, under Sections
39-1301 through
39-1314, Idaho Code, is guilty of
a misdemeanor punishable by imprisonment in a county jail for a period of time
not exceeding six (6) months, or by a fine not exceeding three hundred dollars
($300), or by both such fine and imprisonment, and each day of continuing
violation constitutes a separate offense. In the event that the prosecuting
attorney in the county where the alleged violation occurred fails or refuses to
act within sixty (60) days of notification of the violation, the attorney
general is authorized to prosecute any violations (Section
39-1312, Idaho Code).
(3-17-22)
