Current through September 2, 2024
Section 16.04.17.101 - CERTIFICATION - GENERAL REQUIREMENTS FOR AGENCIES01.Certificate Required.a. No agency may provide services within this state until the Department has approved the application for certification and issued the agency a certificate. No agency may provide services within this state without a current certificate.b. The Department is not required to consider the application of any operator, administrator, or owner of an agency whose license or certification has been revoked until five (5) years have lapsed from the date of revocation.02.Application. An application for a certificate must be made to the Department on forms provided by the Department at: https://healthandwelfare.idaho.gov/providers/developmental-disabilities-and-residential-habilitation-agencies/residential-habilitation. The application must contain the following to be considered complete: a. Application form that contains the name, address, and telephone number of the agency, type of services to be provided, the geographic service area of the agencies, and the anticipated date for the initiation of services;b. An accurate and complete statement of all business names of the agency as filed with the Secretary of State, whether an assumed business name, partnership, corporation, limited liability company, or other entity, that identifies each owner of the agency, and the management structure of the agency;c. A statement that the agency will comply with these rules and all other applicable local, state, and federal requirements, including an assurance that the agency complies with pertinent state and federal requirements governing equal opportunity and nondiscrimination;d. A copy of the proposed organizational chart or plan for staffing of the agency;e. Staff qualifications including resumes, job descriptions, verification of satisfactory completion of criminal history checks in accordance with IDAPA 16.05.06, "Criminal History and Background Checks," and copies of state licenses and certificates for staff, when applicable;f. Written policies and procedures for the development and implementation of staff training to meet the requirements of Section 204 of these rules.g. Staff and participant illness policy, communicable disease policy, and other health-related policies and procedures required in Section 300 of these rules;h. Written policies and procedures that address special medical or health care needs of participants required in Section 300 of these rules;i. Written transportation safety policies and procedures required in Section 300 of these rules;j. Written participant grievance policies and procedures to meet requirements in Section 300 of these rules;k. Written medication policies and procedures to address medication standards and requirements to meet requirements in Section 302 of these rules;l. Written policies and procedures that address the development of participants' social skills and the management of participants' maladaptive behavior to meet requirements in Section 303 of these rules;m. Written termination policies and procedures in accordance with Section 400 of these rules;n. Written policies and procedures for reporting incidents to the adult protection authority and to the Department to meet requirements in Section 404 of these rules;o. Written description of the program records system including a completed sample of a program plan, and a monitoring record;p. Written description of the fiscal record system including a sample of program billing;q. Written description of the agency's quality assurance program developed to meet requirements in Section 405 of these rules;r. Any other policies, procedures, or requirements as outlined in these rules; and03.Completed Applications. Applications must be complete. Incomplete applications will not be considered and will be returned to the applicant. An applicant may submit an application up to three (3) times within a three hundred sixty-five (365) day period starting on the date of the first submission. If the application is incomplete upon a third submission, the application will be denied. The applicant may not resubmit an application for six (6) months from the date of the denial notice.04.Conformity. Applicants for certification and certified residential habilitation agencies must conform to all applicable rules of the Department.05.Inspection of Residential Habilitation Records. The agency and all records required under these rules must be accessible at any reasonable time to authorized representatives of the Department for the purpose of inspection with or without prior notice. Refusal to allow such access may result in revocation of the agency's certificate.Idaho Admin. Code r. 16.04.17.101