Section 16.03.11.026 - CHANGE OF OWNERSHIP (CHOW)A new owner must submit a new application for licensure, and receive the license from the Department before operating the facility. A "change in ownership" is a change in the person or legal organization that has final decision-making authority over the daily operation of an existing ICF/IID.
01.CHOW of ICF/IID. An ICF/IID must apply for a change of ownership when: a. The form of legal organization of the facility changes, such as when a sole proprietorship becomes a partnership or corporation;b. Title of the ICF/IID is transferred from the current licensee to another party;c. The ICF/IID is leased to another party, or the facility's existing lease is terminated;d. An event occurs that terminates or dissolves a partnership or sole proprietorship; ore. The licensee is a corporation; and i. The corporation is dissolved; orii. A new corporation is formed through consolidation or merger with one (1) or more other corporations, and the licensed corporation no longer exists.02.No CHOW. Ownership does not change when:a. The licensee contracts with another party to manage the facility and to act as the licensee's agent. The licensee must retain final decision-making authority over daily operating decisions; orb. When the licensee is a corporation, some or all of its corporate stock is transferred, and the corporation continues to exist.03.Application for Change of Ownership. An ICF/IID must apply to the Department for a change of ownership at least ninety (90) days prior to the proposed date of the change, using an initial licensing application form.Idaho Admin. Code r. 16.03.11.026