Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.03.07 - HOME HEALTH AGENCIES
Section 16.03.07.013 - LICENSURE - GENERAL REQUIREMENTS

Universal Citation: ID Admin Code 16.03.07.013

Current through August 31, 2023

For licensure, HHAs must meet all the requirements in Title 42, Chapter IV, Subchapter G, of the Code of Federal Regulations (CFR), Standards and Certification, Part 484. (3-17-22)

01. Exception. Entities whose sole payor source is the Department of Labor are exempt from meeting the federal Conditions of Participation but must meet the Department of Labor requirements for the provision of services for the Energy Workers Program and the requirements of their Accreditation Organization. These entities are required to submit survey results performed by the Accreditation Organization and the agency's Plan of Correction. (3-17-22)

02. Types of Licensure. (3-17-22)

a. A license is issued to an HHA found to be in substantial compliance with these rules. (3-17-22)

b. A provisional license is issued to an agency which is not found to be in substantial compliance with these rules. (3-17-22)

03. Application for Licensure. An application for a license must be made to the Department upon forms provided by it and contain such information as it reasonably requires, which includes affirmative evidence of ability to comply with such reasonable standards, and rules as are lawfully adopted by the Board. (3-17-22)

04. Issuance of License. Upon receipt of a Department application, the Department will issue a license if the applicant meets the requirements established under this chapter. (3-17-22)

a. A license, unless suspended, revoked, or the agency has voluntarily withdrawn from the program is renewable each year upon filing by the licensee, and approval by the Department. (3-17-22)

b. Each license is issued only for the premises, persons, or governmental units in the application and is not transferable or assignable except with the written approval of the Department. (3-17-22)

c. Every agency must be designated by a distinctive name that cannot be changed without first notifying the Department in writing at least thirty (30) days prior to the date the proposed name change is to be effective. (3-17-22)

d. Licenses must be posted in a conspicuous place on the licensed premises. (3-17-22)

05. Denial of Application. Before denial is final, the Department will provide opportunity for a hearing and the owner of an HHA may appear and show cause why the license should not be denied. Hearings for denial will be conducted by the Department pursuant to the provisions of IDAPA 16.05.03, "Contested Case Proceedings and Declaratory Rulings." The Department may deny any application when evidence exists that: (3-17-22)

a. Conditions endanger the health or safety of any patient; (3-17-22)

b. Conditions violate the patients' rights; (3-17-22)

c. The HHA does not meet requirements for licensure that hinders its ability to provide quality services; or (3-17-22)

d. The HHA owner has a history of repeat deficiencies. (3-17-22)

06. Expiration Date and Renewal. Each license to operate an HHA expires on the date designated on the license, unless suspended, revoked, or the agency has voluntarily withdrawn from the program. (3-17-22)

07. Revocation of License. The licensing agency may deny or revoke any license when persuaded by the evidence that the HHA: (3-17-22)

a. Has any existing conditions that endanger the health or safety or welfare of any patient. (3-17-22)

b. Has a history of repeat deficiencies. (3-17-22)

c. Has had licensure denied or revoked to operate a health or personal care facility or agency, has been convicted of operating without a license, or has been enjoined from operating such agency within two (2) years from the date of application. (3-17-22)

d. Lacks personnel sufficient in number or qualifications by training, experience, or judgment to properly service the proposed or actual number and type of patients. (3-17-22)

e. Has been guilty of fraud, deceit, or misrepresentation in the preparation of the application or other documents required by the licensing agency and dishonesty associated with the operation of a licensed HHA; (3-1722)

f. Has been guilty of negligence, abuse, neglect, assault, or battery while associated with the provision of services in the operation of an HHA. (3-17-22)

g. Has refused to allow inspection of all records. (3-17-22)

h. Has lost federal certification. (3-17-22)

08. Suspension. If the Department finds the public health, safety, or welfare requires emergency action, a license may be suspended pending proceedings for revocation or other action, and the HHA was found: (3-17-22)

a. Guilty of fraud, deceit, or misrepresentation in the preparation of the application or other documents required by the licensing agency and dishonesty associated with the operation of the HHA; (3-17-22)

b. Guilty of negligence, abuse, or neglect, assault, or battery while associated with the provision of services in the operation of an HHA. (3-17-22)

09. Return of License. Each license is the property of the state of Idaho and must returned to the Department immediately upon license revocation or the agency has voluntarily withdrawn from the program. (3-17-22)

10. Appeal. Before denial or revocation is final, the Department will provide opportunity for a hearing at which time the owner of an agency may appear and show cause why the license should not be denied or revoked. (3-17-22)

11. Injunction to Prevent Operation Without License. Regardless of the existence or pursuit of any other remedy, the Department may maintain an action for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management, or operation of an agency without a license required under this chapter. The Department will be represented by the county prosecutor of the county in which the violation occurs or by the office of the attorney general. (3-17-22)

12. Inspection of Records. The HHA and 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. Refusal to allow such access will result in revocation of the HHA's license. (3-17-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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