Rule 111-8-40-.41. Requests for Waiver or Variance

A hospital may request a waiver or variance of a specific rule by application on forms provided by the Department. A waiver or variance may be granted in accordance with the following considerations:

1. (a) 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 hospital in order to operate under the waiver or variance. Waivers or variances may be granted with consideration of the following:

   1. 1. 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. 2. 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 the innovative approach has the potential to improve service delivery;

2. (b) Waivers and variances granted by the Department shall be for a time certain, as determined by the Department; and
3. (c) Waivers and variances granted to a facility shall be recorded and shall be available to interested parties upon request.

Authority: O.C.G.A. § 31-2-7.

History. Original Rule entitled "Enforcement of Rules and Regulations" adopted. F. Feb. 20, 2013; eff. Mar. 12, 2013.

Amended: Renumbered as 111-8-40-.42. New Rule entitled "Requests for Waiver or Variance" adopted. F. Apr. 29, 2014; eff. May 19, 2014.