Idaho Admin. Code r. 16.03.19.140

Current through September 2, 2024

Section 16.03.19.140 - VARIANCE TO THE TWO RESIDENT LIMIT

A CFH may admit or retain a maximum of two (2) residents without first obtaining a variance from the Department. Exceeding that limit requires a variance from the Department.

01.Application for Variance. The provider must apply on forms provided by the Department for a variance to the two (2) resident limit to care for three (3) or four (4) residents on a per resident basis prior to any new admissions. The application must be submitted to the certifying agent where the home is located. The Department determines the appropriateness of granting the variance.

02.Criteria for Determination. The Department will determine if safe and appropriate care can be provided based on residents' needs. The Department will consider the following factors in making its determination:

a. Each current or prospective resident's physical, mental, and behavioral status and history;

b. The household composition including the number of adults, children, and other family members requiring care and their care needs from the provider;

c. The training, education, and experience of the provider to meet each resident's needs;

d. Potential barriers that might limit egress from and ingress to the home;

e. The number and qualifications of staff to meet the needs of residents and others requiring care in the home;

f. The desires of the prospective and current residents or their representatives, including approval of roommate, if applicable;

g. The individual and collective hours of care needed by the residents; and

h. The physical layout of the home and the square footage available to meet the space requirements of all persons living in the home.

03.Other Employment. A provider who is granted a variance to admit three (3) or four (4) residents must not have other gainful employment outside the home unless staff are immediately able to consult with the provider about resident needs as they arise.

04.Additional Training. A provider who is granted a variance to admit three (3) or four (4) residents must obtain additional training to meet the needs of the residents as follows:

a. A provider who cares for three (3) residents must obtain a total of twelve (12) hours per year of ongoing relevant training under Section 115 of these rules.

b. A provider who cares for four (4) residents must obtain a total of sixteen (16) hours per year of ongoing relevant training under Section 115 of these rules.

c. When caring for three (3) or four (4) residents for only part of the year, additional training hours above those hours required in Section 115 of these rules are prorated by month. A resident is counted towards the home's resident census when the admission agreement is in effect for fifteen (15) days or more during the month. The following table shows the additional prorated training requirements to be added to the base training hours:

Months	3 Residents	4 Residents
1	20 minutes	40 minutes
2	40 minutes	1 hour and 20 minutes
3	1 hour	2 hours
4	1 hour and 20 minutes	2 hours and 40 minutes
5	1 hour and 40 minutes	3 hours and 20 minutes
6	2 hours	4 hours
7	2 hours and 20 minutes	4 hours and 40 minutes
8	2 hours and 40 minutes	5 hours and 20 minutes
9	3 hours	6 hours
10	3 hours and 20 minutes	6 hours and 40 minutes
11	3 hours and 40 minutes	7 hours and 20 minutes

05.Reassessment of Variance. A variance to care for more than two (2) residents must be reassessed at least annually and when either of the following occurs:

a. Each time the provider applies to the Department for approval of a prospective third or fourth resident admission; or

b. When there is a significant change in any of the factors specified in Subsection 140.02 of this rule.

06.Annual Home Inspection. A CFH with a variance to care for more than two (2) residents must have a home inspection by a certifying agent at least annually.

07.Shared Sleeping Rooms. In addition to the requirements in Section 700 of these rules, the provider must not house more than two (2) residents in any one (1) sleeping room.

08.Fire Drill Frequency. A provider who is granted a variance to admit three (3) or four (4) residents must conduct fire drills as described in Section 600 of these rules, except the frequency of the fire drills must be at least monthly.

Idaho Admin. Code r. 16.03.19.140

Effective March 28, 2023