Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.03.19 - CERTIFIED FAMILY HOMES
Section 16.03.19.140 - VARIANCE TO THE TWO RESIDENT LIMIT
Current through September 2, 2024
A CFH may admit or retain a maximum of two (2) residents without first obtaining a variance from the Department. Exceeding that limit requires a variance from the Department.
01. Application for Variance. The provider must apply on forms provided by the Department for a variance to the two (2) resident limit to care for three (3) or four (4) residents on a per resident basis prior to any new admissions. The application must be submitted to the certifying agent where the home is located. The Department determines the appropriateness of granting the variance.
02. Criteria for Determination. The Department will determine if safe and appropriate care can be provided based on residents' needs. The Department will consider the following factors in making its determination:
03. Other Employment. A provider who is granted a variance to admit three (3) or four (4) residents must not have other gainful employment outside the home unless staff are immediately able to consult with the provider about resident needs as they arise.
04. Additional Training. A provider who is granted a variance to admit three (3) or four (4) residents must obtain additional training to meet the needs of the residents as follows:
Months |
3 Residents |
4 Residents |
1 |
20 minutes |
40 minutes |
2 |
40 minutes |
1 hour and 20 minutes |
3 |
1 hour |
2 hours |
4 |
1 hour and 20 minutes |
2 hours and 40 minutes |
5 |
1 hour and 40 minutes |
3 hours and 20 minutes |
6 |
2 hours |
4 hours |
7 |
2 hours and 20 minutes |
4 hours and 40 minutes |
8 |
2 hours and 40 minutes |
5 hours and 20 minutes |
9 |
3 hours |
6 hours |
10 |
3 hours and 20 minutes |
6 hours and 40 minutes |
11 |
3 hours and 40 minutes |
7 hours and 20 minutes |
05. Reassessment of Variance. A variance to care for more than two (2) residents must be reassessed at least annually and when either of the following occurs:
06. Annual Home Inspection. A CFH with a variance to care for more than two (2) residents must have a home inspection by a certifying agent at least annually.
07. Shared Sleeping Rooms. In addition to the requirements in Section 700 of these rules, the provider must not house more than two (2) residents in any one (1) sleeping room.
08. Fire Drill Frequency. A provider who is granted a variance to admit three (3) or four (4) residents must conduct fire drills as described in Section 600 of these rules, except the frequency of the fire drills must be at least monthly.
Effective March 28, 2023