Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.22 - RESIDENTIAL ASSISTED LIVING FACILITIES › Section 16.03.22.940 - ENFORCEMENT ACTION OF REVOCATION OF FACILITY LICENSE

Current through August 31, 2023
01.
Revocation of Facility's
			 License
. The Department may revoke a license when the facility endangers
			 the health or safety of residents, or when the facility is not in substantial
			 compliance with the provisions of Title 39, Chapter 33, Idaho Code, or this
			 chapter of rules. (3-15-22)
02.
Reasons for Revocation or Denial of a Facility License
. The
			 Department may revoke or deny any facility license for any of the following
			 reasons: (3-15-22)
a. The licensee has
			 willfully misrepresented or omitted information on the application or other
			 documents pertinent to obtaining a license; (3-15-22)
b. When persuaded by a preponderance of the
			 evidence that such conditions exist which endanger the health or safety of any
			 resident; (3-15-22)
c. 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 neglect, physical abuse, mental abuse, emotional abuse,
			 violation of civil rights, criminal activity, or exploitation;
			 (3-15-22)
d. The licensee has
			 demonstrated or exhibited a lack of sound judgment essential to the operation
			 and management of a facility; (3-15-22)
e. The licensee has violated any of the
			 conditions of a provisional license; (3-15-22)
f. The facility lacks adequate personnel, as
			 required by these rules or as directed by the Department, to properly care for
			 the number and type of residents residing at the facility; (3-15-22)
g. Licensee refuses to allow the Department
			 or the protection and advocacy agencies full access to the facility
			 environment, facility records, and the residents as described in Sections
			 130 and
			 550 of these rules;
			 (3-15-22)
h. The licensee has been
			 guilty of fraud, gross negligence, abuse, assault, battery, or exploitation
			 with respect to the operation of a health facility, residential assisted living
			 facility, or certified family home; (3-15-22)
i. The licensee is actively affected in their
			 performance by alcohol or the use of drugs classified as controlled substances;
			 (3-15-22)
j. The licensee has been
			 convicted of a criminal offense other than a minor traffic violation within the
			 past five (5) years; (3-15-22)
k.
			 The licensee is of poor moral and responsible character or has been convicted
			 of a felony or defrauding the government; (3-15-22)
l. The licensee has been denied, or the
			 licensee's wrong-doing has caused the revocation of any license or certificate
			 of any health facility, residential assisted living facility, or certified
			 family home; (3-15-22)
m. The
			 licensee has previously operated any health facility or residential assisted
			 living facility without a license or certified family home without a
			 certificate; (3-15-22)
n. The
			 licensee is directly under the control or influence of any person who has been
			 the subject of proceedings as described in this rule; (3-15-22)
o. The licensee is directly under the control
			 or influence of any person who is of poor moral and responsible character or
			 has been convicted of a felony or defrauding the government;
			 (3-15-22)
p. The licensee is
			 directly under the control or influence of any person who has been convicted of
			 a criminal offense other than a minor traffic violation in the past five (5)
			 years; (3-15-22)
q. The licensee
			 fails to pay civil monetary penalties imposed by the Department as described in
			 Section 925 of these
			 rules; (3-15-22)
r. The licensee
			 fails to take sufficient corrective action as described in Section
			 130 of these rules; or
			 (3-15-22)
s. The number of
			 residents currently in the facility exceeds the number of residents the
			 facility is licensed to serve. (3-15-22)