Section 16.03.07.015 - CHANGE OF OWNERSHIPA new owner must submit a new application for licensure and receive the license from the Department before operating the agency. A "change in ownership" is a change in the individual or legal organization that has final decision-making authority over the daily operation of an HHA.
01.Change in Ownership. An HHA 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. A transfer of the HHA's title changes from the current licensee to another party;c. The licensee is a partnership and an event occurs that dissolves the partnership;d. The licensee is a corporation; and i. The corporation is dissolved;ii. The corporation merges with another corporation which is the surviving corporation; oriii. A new corporation is formed through consolidation with one (1) or more other corporations.e. A change of ownership or lessee, or establishment of a branch occurs.02.No Change in Ownership. Ownership does not change when:a. The licensee contracts with another party to manage the facility and act as the licensee's agent, and the licensee retains 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. A HHA must apply to the Department for a change of ownership at least ninety (90) days prior to the proposed date of the change, using the initial licensing application form.Idaho Admin. Code r. 16.03.07.015