# IDAPA 21.01.01.100: Section 100. Eligibility Requirements > Idaho · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_100 ## Section - **Citation:** IDAPA 21.01.01.100 - **Heading:** Section 100. Eligibility Requirements - **Jurisdiction:** Idaho - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Idaho Administrative Code / IDAPA 21 (Veterans Services, Division of) / Chapter 21.01.01 / Section 100 ## Text Applicants and residents must satisfy the following requirements: (3-23-22) 01. Veterans or Eligible Spouse. (3-23-22) a. Nursing Care. Applicants for and residents of nursing care must be a veteran or the spouse of a veteran who is eligible for admission to a Home. The death of a veteran shall not disqualify a resident spouse if th e veteran was eligible for admission to a Home at the time of death. (3-23-22) b. Residential Care and Domiciliary Care. Applicants for and residents of residential care an d domiciliary care must be a veteran. A Home will not grant spouses admission for residential care or domiciliary care. (3-23-22) 02. Idaho Residency. The applicant must be a bona fide resident of the state of Idaho at the time of admission to a Home. (3-23-22) 03. Incompetent Applicants. Applicants and residents who are incompetent must provide copies of a legally sufficient guardianship or power of attorney. (3-23-22) 04. Necessity of Services. Applicants and residents must meet the requirements for the level of care fo r which they apply or are receiving. At the request of the Home, residents must provide recertification of their need fo r services from a VA physician or a physician currently licensed by the Idaho Board of Medicine to practice medicin e or surgery in the state of Idaho. (3-23-22) a. Nursing Care. To be eligible to receive nursing care in a Home, applicants must be referred by a VA physician or a physician currently licensed by the Idaho Board of Medicine to practice medicine or surgery in th e state of Idaho. (3-23-22) b. Residential and Domiciliary Care. Each applicant must submit to a physical examination performe d by a licensed physician and meet the physical limitation requirements for residential care and domiciliary care . Applicants and residents must be unable to earn a living and have no adequate means of support due to wounds, ol d age, or physical or mental disabilities th e state of Idaho. (3-23-22) b. Residential and Domiciliary Care. Each applicant must submit to a physical examination performe d by a licensed physician and meet the physical limitation requirements for residential care and domiciliary care . Applicants and residents must be unable to earn a living and have no adequate means of support due to wounds, ol d age, or physical or mental disabilities. However, each residential care and domiciliary care resident must ambulat e independently or with the aid of a wheelchair, walker, or similar device and be capable of performing at the time o f admission, and for the duration of his residency, all of the following with minimal assistance: (3-23-22) i. Making his bed daily; (3-23-22) ii. Maintaining his room in a neat and orderly manner at all times; (3-23-22) iii. Keeping all clothing clean through proper laundering; (3-23-22) iv. Observing cleanliness in person, dress and living habits and dressing himself; (3-23-22) v. Bathing or showering frequently; (3-23-22) vi. Shaving daily or keeping his mustache or beard neatly groomed; (3-23-22) vii. Proceeding to and returning from the dining room and feeding himself; (3-23-22) viii. Securing medical attention on an ambulatory basis and managing medications; (3-23-22) ix. Maintaining voluntary control over body eliminations or control by use of an appropriate prosthesis; and (3-23-22) x. Making rational decisions as to his desire to remain or leave the Home. (3-23-22) 05. Placement Restriction. A Home shall not accept applicants or continue to extend care to residents for whom the facility does not have the capability or services to provide an appropriate level of care. (3-23-22) 06. Financial Statement. Each applicant must file a signed, dated statement with the Home Administrator containing a report of income from all sources and a report of all liquid assets which will be used t o determine the amount of the maintenance charge which is required in accordance with Section 66-907, Idaho Code , and these rules or services to provide an appropriate level of care. (3-23-22) 06. Financial Statement. Each applicant must file a signed, dated statement with the Home Administrator containing a report of income from all sources and a report of all liquid assets which will be used t o determine the amount of the maintenance charge which is required in accordance with Section 66-907, Idaho Code , and these rules. (3-23-22) 07. Social Security Benefits. If eligible for Social Security benefits, the applicants and residents an d their spouses must apply for those benefits unless waived by the Home Administrator. (3-23-22) 08. Medicare Coverage. If eligible for Medicare, the applicants and residents must elect to participate , unless participation is waived by the Home Administrator. (3-23-22) 09. Income Limitation. (3-23-22) a. Nursing Care. None. (3-23-22) b. Residential and Domiciliary Care. An applicant whose total monthly net income, at the time of hi s application for residency, exceeds the current maximum annual rate of VA pension for a single veteran pursuant t o Public Law 95588 divided by twelve (12) cannot be admitted unless granted a waiver by the Home Administrator . This waiver must include a statement from a VA Medical Center physician indicating the veteran is in “need o f continuing medical care.” (3-23-22) 10. VA Pension -- Nursing Care. Unless waived by the Home Administrator, a wartime veteran, a s defined in 5 U.S.C. Section 2108, who is a nursing care applicant or resident must be eligible for, apply for, or be i n receipt of a VA disability pension in accordance with Public Law 95588. Such waivers may be considered only whe n the applicant or resident has signed a statement that he is able to defray the necessary expenses of the medical care fo r which he is applying or receiving and arrangements are made to secure medical services not provided by the VA. (3-23-22) 11. Agreements for Behavior and Care Needs receipt of a VA disability pension in accordance with Public Law 95588. Such waivers may be considered only whe n the applicant or resident has signed a statement that he is able to defray the necessary expenses of the medical care fo r which he is applying or receiving and arrangements are made to secure medical services not provided by the VA. (3-23-22) 11. Agreements for Behavior and Care Needs. The Homes may require that applicants or resident s enter into agreements concerning the applicant or resident’s behavior or care needs while residing in the Home. Th e resident’s failure to perform these agreements is a basis for discharge from the Home. (3-23-22) 12. Limit on Admission of Spouses. Unless waived in writing by the Division Administrator, a Hom e shall not accept spouses for admission if the Home’s residency is at ninety-five percent (95%) or more of capacity . Homes shall not admit a spouse if the number of spouses residing in the home will exceed twenty-five percent (25% ) of the residents of the Home following admission of the applicant. (3-23-22) 101. -- 149. (RESERVED) ## Nearby sections - [IDAPA 21.01.01.000 Section 000. Legal Authority](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_000.md) - [IDAPA 21.01.01.001 Section 001. Title And Scope](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_001.md) - [IDAPA 21.01.01.002 Section 002. Policy](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_002.md) - [IDAPA 21.01.01.003 Section 003. Incorporation By Reference](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_003.md) - [IDAPA 21.01.01.010 Section 010. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_010.md) - [IDAPA 21.01.01.050 Section 050. Administrative Powers](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_050.md) - [IDAPA 21.01.01.075 Section 075. Administrative Duties](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_075.md) - [IDAPA 21.01.01.100 Section 100. Eligibility Requirements](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_100.md) - [IDAPA 21.01.01.150 Section 150. Application Procedure](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_150.md) - [IDAPA 21.01.01.200 Section 200. Denial Of Admission](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_200.md) - [IDAPA 21.01.01.202 Section 202. Acknowledgment Of Conditions Leading To Discharge](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_202.md) - [IDAPA 21.01.01.300 Section 300. Conduct Of Residents](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_300.md) - [IDAPA 21.01.01.350 Section 350. Transfer And Discharge Of Residents](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_350.md) - [IDAPA 21.01.01.352 Section 352. Unauthorized Absences -- Residential And Domiciliary Care](https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_352.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_IDAPA_21_01_01_100. Check the current official text before relying on it. Not legal advice.