Section 16.03.02.050 - LICENSURE01.General Requirements. Before any person either directly or indirectly operates a facility, they must make an application for and receive a valid license for operation of the facility, and no resident must be admitted or cared for in a facility that is required under Idaho law to be licensed, until a license is obtained. a. The facility and all related buildings associated with the operation of the facility, as well as all records required under these rules, must always be accessible to authorized representatives of the Department for the purpose of inspection, with or without prior notice.b. Before any building is constructed or altered for use as a facility, written approval of construction or alteration of plans must be obtained from the Department.c. Information received by the Department through filed reports, inspection, or as otherwise authorized under this law, must not be disclosed publicly in such a manner as to identify individual residents except in a proceeding involving the question of licensure. Public disclosure of information obtained by the Department for the purposes of this law must be governed by these rules.02.Application for an Initial License. All persons planning the operation of a facility must provide a Department-approved application for an initial facility license at least three (3) months prior to the planned opening date with the following: a. Evidence of a request for a determination of applicability for Section 1122 (Social Security Act) regulatory review.b. A copy of the nursing home administrator's license.c. A certificate of occupancy from the local building and fire authority.03.Issuance of License. Every facility must be designated by a distinctive name in applying for a license, and the name must not be changed without first notifying the Department in writing at least thirty (30) days prior to the date the proposed name change is to be effective. a. Each license will be issued only for the premises and persons named in the application and will not be transferable.b. Each license will specify the maximum allowable number of beds in each facility, which may not be exceeded, except when authorized by the Department on a time-limited emergency basis.c. The facility license must be framed and posted to be visible to the general public.04.Expiration and Renewal of License. Each license to operate a facility must, unless sooner suspended or revoked, expire on the date designated on the license. Each application for renewal of a license must be submitted on a Department-prescribed form and prior to the expiration date of the current license.05.Denial or Revocation of License. The Department may deny the issuance of a license or revoke any license when persuaded by a preponderance of the evidence that conditions exist that endanger the health or safety of any resident, or that the facility is not in substantial compliance with these rules. a. Additional causes for denial of a license: i. The applicant has willfully misrepresented or omitted information on the application or other documents pertinent to obtaining a license.ii. The applicant of the person proposed as the administrator has been guilty of fraud, gross negligence, abuse, assault, battery, or exploitation in relationship to the operation of a health facility.iii. The applicant or the person proposed as the administrator of the facility:(1) Has been denied or has had revoked any health facility license;(2) Has been convicted of operating any health facility without a license; or(3) Has been prohibited from operating a health facility or shelter home.(4) Is directly under the control or influence of any person who has been the subject of any proceeding, or the actor in any circumstance, described in Subsection 050.05 of this rule.b. Additional causes for revocation of license: i. Any act adversely affecting the welfare of residents is being permitted, aided, performed, or abetted by the person(s) in charge of the facility. Acts include, but are not limited to, neglect, physical abuse, mental abuse, emotional abuse, violation of civil rights, or exploitation.ii. Any condition exists in the facility that endangers the health or safety of any resident.iii. The licensee has willfully misrepresented or omitted information on the application or other documents pertinent to obtaining a license.iv. The licensee or administrator has demonstrated lack of sound judgment in the operation or management of the SNF.v. The licensee or administrator of the facility:(1) Has been denied or has had revoked any health facility license;(2) Has been convicted of operating any health facility without a license;(3) Has been prohibited from operating a health facility or shelter home; or(4) Is directly under the control or influence of any person who has been the subject of any proceeding, or the actor in any circumstance, described in Subsection 050.05 of this rule.06.Change of Facility Ownership, Operator, or Lessee. When a change is contemplated, the owner/operator must notify the Department and provide a new application at least thirty (30) days prior to the proposed date of change.07.Penalty for Operating a Facility Without a License. Any person establishing, conducting, managing, or operating any facility without a license, under Sections 39-1301 through 39-1314, Idaho Code, is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not exceeding six (6) months, or by a fine not exceeding three hundred dollars ($300), or both. Each day of continuing violation constitutes a separate offense. If the county prosecuting attorney in the county where the alleged violation occurred fails or refuses to act within sixty (60) days of notification of the violation, the attorney general is authorized to prosecute any violations under Section 39-1312, Idaho Code.Idaho Admin. Code r. 16.03.02.050