Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.03.07 - HOME HEALTH AGENCIES
Section 16.03.07.015 - CHANGE OF OWNERSHIP

Universal Citation: ID Admin Code 16.03.07.015

Current through August 31, 2023

A new owner must submit a new application for licensure and receive the license from the Department before operating the agency. A "change in ownership" is a change in the individual or legal organization that has final decision-making authority over the daily operation of an HHA. (3-17-22)

01. Change in Ownership. An HHA must apply for a change of ownership when: (3-17-22)

a. The form of legal organization of the facility changes, such as when a sole proprietorship becomes a partnership or corporation; (3-17-22)

b. A transfer of the HHA's title changes from the current licensee to another party; (3-17-22)

c. The licensee is a partnership and an event occurs that dissolves the partnership; (3-17-22)

d. The licensee is a corporation; and (3-17-22)
i. The corporation is dissolved; (3-17-22)

ii. The corporation merges with another corporation which is the surviving corporation; or (3-17-22)

iii. A new corporation is formed through consolidation with one (1) or more other corporations. (3-17-22)

e. A change of ownership or lessee, or establishment of a branch occurs.

02. No Change in Ownership. Ownership does not change when: (3-17-22)

a. The licensee contracts with another party to manage the facility and act as the licensee's agent, and the licensee retains final decision-making authority over daily operating decisions; or (3-17-22)

b. When the licensee is a corporation, some or all of its corporate stock is transferred, and the corporation continues to exist. (3-17-22)

03. Application for Change of Ownership. A HHA must apply to the Department for a change of ownership at least ninety (90) days prior to the proposed date of the change, using the initial licensing application form. (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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