Nursing Facility Level Of Care Variance

01. Request for Variance. A CFH may care for one (1) resident who requires nursing facility level of care as defined in Section 39-1301(b), Idaho Code, without obtaining a variance. A provider seeking to care for two (2) or more residents who require nursing facility level of care must request a variance in writing from the Department as required in Section 120 of these rules. (3-28-23) 02. Conditions for Variance. The Department may issue a written variance permitting the arrangement when: (3-28-23) a. Each of the residents or their representative provides a written statement to the Department requesting the arrangement; (3-28-23) b. Each of the residents or their representative making the request is competent, informed, and has not been coerced; and (3-28-23) IDAHO ADMINISTRATIVE CODE IDAPA 16.03.19 Department of Health and Welfare Certified Family Homes Section 140 Page 13 c. The Department finds the arrangement safe and effective. (3-28-23) 131. -- 139. (RESERVED)