Current through September 2, 2024
Section 16.03.14.150 - LICENSING PROVISIONS01.General License Requirements.a. Before any person can directly or indirectly operate a hospital, he must make application and receive a valid license for the operation of the hospital. No patient will be admitted until a valid license is issued.b. Applicants for license and licensees must conform to the rules and minimum standards for hospitals in Idaho.c. Facilities making an initial application for a license shall be issued a temporary license when the licensing agency determines that all application information is acceptable and that the facility is at least in substantial compliance with these rules and standards. The temporary license provides the Department time to determine the facility's on-going capability to provide services and to meet these rules. A temporary license may not be issued for a period that exceeds six (6) months.d. If a hospital that is required to be licensed under these rules does not normally provide a particular service or department, the section or sections of these regulations relating to such service or department will not be applicable.e. The licensing agency can upon written application submitted by the hospital allow the substitution of procedures, equipment, or facilities for those specified in these rules, when such procedure, equipment, or facility has been demonstrated to be at least equivalent to those prescribed. Such substitution shall be in writing and placed on file with the licensing agency and the hospital. The foregoing provision shall not apply to new construction.f. No facility can create the impression it is a hospital, unless it does in fact meet the legal definition of a hospital and is so licensed by the Board.g. A provisional license may be issued to a hospital that is in substantial compliance with the rules but is temporarily unable to meet all requirements.02.Application for License.a. All persons contemplating the operation of a hospital must apply to the licensing agency for a license on a form provided by the licensing agency. The application shall be submitted to the licensing agency at least three (3) months prior to the opening date. In addition to the application form the proposed hospital shall include evidence of a request for determination of reviewability if a program providing prospective review of hospitals is in effect.b. When a hospital is leased by the owner to a second party for the operation of the facility, a copy of the lease agreement showing clearly in its context the responsibilities of both parties shall be filed with the application for a license.03.Issuance of License.a. Every hospital shall be designated by a distinctive name in applying for a license and the name shall not be changed without first notifying the licensing agency in writing.b. Each license shall specify the maximum allowable number of permanent beds in a facility whether set up for use or not, exclusive of labor and recovery beds, that number shall not be exceeded.04.Expiration and Renewal of License. a. Each license for the operation of a hospital will expire one (1) year from the date issued unless otherwise dated, revoked or suspended prior to that date.b. Each application for renewal of a license shall be submitted prior to expiration of the license on a form prescribed by the licensing agency.c. A report shall be submitted annually on a form prescribed by the licensing agency giving such information as contained within said form. A report for the preceding year shall be on file with the licensing agency prior to renewal of a license.05.License Certificate. Each license certificate in the licensee's possession must be destroyed immediately upon suspension or revocation of the license or if the operation of the hospital is discontinued by voluntary action.06.Change of Ownership or Operator.a. When a change of ownership, lessee or management firm for any hospital is contemplated, the owner shall notify the licensing agency at least thirty (30) days prior to the proposed date of transfer.b. A new application for licensure shall be submitted where there is a change of ownership or operator.Idaho Admin. Code r. 16.03.14.150