Rule 111-8-22-.18. Requests for Waiver or Variance

1. (1) A facility may request a waiver or variance of a specific rule by application on forms provided by the Department.

2. (2) The Department may grant or deny the request for waiver or variance at its discretion. If the waiver or variance is granted, the Department may establish conditions, which must be met by the facility in order to operate under the waiver or variance. Waivers or variances may be granted with consideration of the following:

   1. (a) Variance. A variance may be granted by the Department upon a showing by the applicant that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant must also show that adequate standards exist for affording protection for the health, safety, and care of patients, and these existing standards would be met in lieu of the exact requirements of the rule or regulation.
   2. (b) Waiver. The Department may dispense altogether with the enforcement of a rule or regulation by granting a waiver, upon a showing by the applicant that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection for the health, safety, and care of the patients.
3. (3) Experimental Waiver or Variance. The Department may grant a waiver or variance to allow experimentation and demonstration of new and innovative approaches to delivery of services, upon a showing by the applicant that the intended protections afforded by the rule or regulation in question are met and that the innovative approach has the potential to improve service delivery.
4. (4) Waivers and variances granted by the Department shall be for a time certain, as determined by the Department.

Authority: O.C.G.A. § 31-2-47.

History. Original Rule entitled "Requests for Waiver or Variance" adopted. F. Feb. 20, 2013; eff. Mar. 12, 2013.