01. Current License. No person, firm, partnership, association, corporation, or governmental unit can
operate, establish, manage, conduct, or maintain a residential assisted living facility in Idaho without a license issued
by the Department as required in Section 39-3340, Idaho Code. Any entity found operating as a residential assisted
living facility without a license is subject to Section 39-3352, Idaho Code.
02. Issuance of License. Upon completion of the application process requirements, the Department
will issue a residential assisted living facility license.
03. Distinctive Business Name. Every facility must use a distinctive name, which is registered with
the Idaho Secretary of State. If a facility decides to change its name, it will only be changed upon written notification
to the Licensing Agency confirming the registration of the name change with the Idaho Secretary of State. This
notification needs to be received by the Licensing Agency at least thirty (30) calendar days prior to the date the
proposed name change is to be effective.
04. Administrator. Each facility must have an administrator.
05. Display of Facility License. The current facility license must be posted in the facility and clearly
visible to the general public.
06. Change in Corporate Shares. When there is a significant change in shares held by a corporate
licensee of a residential assisted living facility, which does not alter the overall ownership or operation of the
business, that change must be communicated to the Licensing Agency within (60) days of the effective date of
change.
07. Licensee Responsibility. The licensee of the facility is responsible for the operation of the
residential assisted living facility, even when a separate administrator is employed. (7-1-20)T
105. CHANGE OF OWNERSHIP.
01. Non-Transfer of Facility License. A facility license is not transferable from one (1) individual to
another, from one (1) business entity to another, or from one (1) location to another. When a change of licensee,
ownership, lease, or location occurs, the facility must be re-licensed. The new licensee must follow the application
procedures, and obtain a license, before commencing operation as a facility.
02. Application for Change of Ownership. The application for a change of ownership must be
submitted to the Licensing Agency at least ninety (90) days prior to the proposed date of change.
03. Change of Ownership for a Facility in Litigation. An application for change of ownership of a
facility from a person who is in litigation for failure to meet licensure standards, or who has had a license revoked,
must include evidence that there is a bona fide, arms-length agreement and relationship between the two (2) parties.
An entity purchasing a facility with an enforcement action acquires the enforcement action.
110. FACILITY LICENSE APPLICATION.
01. License Application. License application forms are available online at the Licensing Agency’s
website at http://assistedliving.dhw.idaho.gov. The applicant must provide the following information: (7-1-20)T
a. A written statement that the applicant has thoroughly read and reviewed the statute, Title 39,
Chapter 33, Idaho Code, and IDAPA 16.03.22, “Residential Assisted Living Facilities,” and is prepared to comply
with both;
b. A written statement and documentation that demonstrate no license revocation or other
enforcement action has been taken, or is in the process of being taken, against a license held, or previously held, by
the applicant in Idaho or any other state or jurisdiction;
c. When the applicant is a firm, association, organization, partnership, business trust, corporation,
government entity, or company, the administrator and other members of the organization who directly influence the
facility’s operation must provide the information contained in this rule; (7-1-20)T
d. Each shareholder or investor holding ten percent (10%) or more interest in the business must be
listed on the application;
e. A copy of the Certificate of Assumed Business Name from the Idaho Secretary of State; (7-1-20)T
f. A statement from the local fire authority that the facility is located in a lawfully constituted fire
district or affirmation that a lawfully constituted fire authority will respond to a fire at the facility; (3-20-20)T
g. A statement from a licensed electrician or the local or state electrical inspector that all wiring in the
facility complies with current electrical codes;
h. When the facility does not use an approved municipal water or sewage treatment system, a
statement from a local environmental health specialist with the public health district indicating that the water supply
and sewage disposal system meet the Department’s requirements and standards;
i. A complete set of printed operational policies and procedures;
j. A detailed floor plan of the facility, including measurements of all rooms, or a copy of architectural
drawings. See Sections 250 through 260, and Sections 400 through 430 of these rules.
k. A copy of the Purchase Agreement, Lease Agreement, or Deed; and
l. For facilities with nine (9) beds or more, signatures must be obtained from the following:
i. The local zoning official documenting that the facility meets local zoning codes for occupancy;
ii. The local building official documenting that the facility meets local building codes for occupancy;
and
iii. The local fire official documenting that the facility meets local fire codes for occupancy.
02. Written Request for Building Evaluation. The applicant must request in writing to the Licensing
Agency for a building evaluation of existing buildings. The request must include the physical address of the building
that is to be evaluated and the name, address, and telephone number of the person who is to receive the building
evaluation report.
03. Building Evaluation Fee. This application and request must be accompanied by a five hundred
dollar ($500) initial building evaluation fee.
04. Identification of the Licensed Administrator. The applicant must provide a copy of the
administrator’s license and criminal history background check, and the current address for the primary residence of
the administrator.
05. Failure to Complete Application Process. Failure of the applicant to complete the Licensing
Agency’s application process within six (6) months of the original date of application, may result in a denial of the
application. If the application is denied, the applicant is required to initiate a new licensing application process.
115. EXPIRATION AND RENEWAL OF LICENSE.
01. Application for License Renewal. The facility must submit to the Licensing Agency an annual
report and application for renewal of a license at least thirty (30) days prior to the expiration of the existing license.
02. Existing License. The existing license, unless suspended, surrendered, or revoked, remains in force
and effect until the Licensing Agency has acted upon the application renewal, when such application for renewal has
been filed.
126. EFFECT OF ENFORCEMENT ACTION AGAINST A LICENSE.
The Department will not review an application of an applicant who has an action, either current or in process, against
a license held by the applicant either in Idaho or any other state or jurisdiction.