Idaho Admin. Code r. 16.03.19.913

Current through September 2, 2024
Section 16.03.19.913 - ENFORCEMENT REMEDY OF REVOCATION OF CERTIFICATE
01.Revocation of the Certificate. The Department may institute a revocation action when persuaded by a preponderance of the evidence that the provider is not in compliance with the CFH requirements.
02.Additional Causes for Revocation. The Department may also revoke any certificate for any of the following causes:
a. The provider willfully misrepresented or omitted any of the following:
i. Information pertaining to the continuing certification of the CFH; or
ii. Information pertaining to an investigation that obstructs the certifying agent's collection of evidence.
b. When persuaded by a preponderance of the evidence that conditions exist endangering the health or safety of any resident;
c. An act adversely affecting the welfare of any resident is being or has been permitted, aided, performed, or abetted by the provider or staff. Such acts may include neglect, physical, mental, or sexual abuse, and exploitation;
d. The provider has demonstrated or exhibited a lack of sound judgment essential to the operation and management of a CFH;
e. The provider has violated any condition of a provisional certificate in effect upon the CFH;
f. The provider has been cited with one (1) or more core issue deficiencies;
g. An accumulation of minor violations that, when taken as a whole, constitute inadequate care;
h. Repeat violations of any of the CFH requirements;
i. The provider lacks the ability to properly care for the resident, as required by the CFH requirements, or as directed by the Department;
j. The provider refuses to allow any certifying agent or other representative of the Department or protection and advocacy agency representative full access to the home, records, or the residents according to their respective authority to access such;
k. The provider fails to pay the certification fee under Section 109 of these rules.

Idaho Admin. Code r. 16.03.19.913

Effective March 28, 2023