TITLE 39

HEALTH AND SAFETY

CHAPTER 33

IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT

39-3354A.  Special waiver permitted. The department may grant a special waiver of the requirement for licensure as a residential care or assisted living facility when it is deemed in the best interests of individuals and with due consideration of the following criteria:

(1)  The individuals are residents of a facility operated by a nonprofit health care and/or housing organization established as such in the state of Idaho and satisfying the requirements of U.S. Internal Revenue Code section 501(c) as a nonprofit;

(2)  The support services required by the individuals are furnished by an entity approved to provide such services in the state of Idaho in good standing as demonstrated by routine inspections required for the type of entity providing services;

(3)  Facilities seeking such waivers and providing meal service shall be inspected and licensed as a food service establishment by the district health department unless the meal service is provided by a kitchen already part of a facility licensed by the department;

(4)  The costs of obtaining the needed services from another source are significantly greater and/or would pose a significant hardship on these individuals.

Any waiver granted under this section shall be reviewed annually and is subject to inspection by the department to ensure safety and sanitation.

History:

[39-3354A, added 1998, ch. 188, sec. 1, p. 683; am. 2000, ch. 274, sec. 40, p. 825; am. 2005, ch. 280, sec. 31, p. 898.]