Idaho State Statutes - Idaho Attorney Directory

The department may grant a special
waiver of the requirement for licensure as a residential care or assisted
living facility when it is deemed in the best interests of individuals and
with due consideration of the following criteria:
(1) The individuals are residents of a facility operated by a nonprofit
health care and/or housing organization established as such in the state of
Idaho and satisfying the requirements of U.S. Internal Revenue Code section
501(c) as a nonprofit;
(2) The support services required by the individuals are furnished by an
entity approved to provide such services in the state of Idaho in good
standing as demonstrated by routine inspections required for the type of
entity providing services;
(3) Facilities seeking such waivers and providing meal service shall be
inspected and licensed as a food service establishment by the district health
department unless the meal service is provided by a kitchen already part of a
facility licensed by the department;
(4) The costs of obtaining the needed services from another source are
significantly greater and/or would pose a significant hardship on these
individuals.
Any waiver granted under this section shall be reviewed annually and is
subject to inspection by the department to ensure safety and sanitation.

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