Section 16.03.19.130 - NURSING FACILITY LEVEL OF CARE VARIANCE01.Request for Variance. A CFH may care for one (1) resident who requires nursing facility level of care as defined in Section 39-1301(b), Idaho Code, without obtaining a variance. A provider seeking to care for two (2) or more residents who require nursing facility level of care must request a variance in writing from the Department as required in Section 120 of these rules.02.Conditions for Variance. The Department may issue a written variance permitting the arrangement when: a. Each of the residents or their representative provides a written statement to the Department requesting the arrangement;b. Each of the residents or their representative making the request is competent, informed, and has not been coerced; andc. The Department finds the arrangement safe and effective.Idaho Admin. Code r. 16.03.19.130