LAC 50:I.4103 – Applicability of Statutes, Regulations, Policies

A. No person may waive or alter a requirement or condition established by statute.
B. Unless provided for in the regulation, any requirements or conditions imposed by a regulation may only be waived or modified through formal promulgation of a new or amended regulation.
C. Only the secretary may waive or modify any sub-regulatory guidance.
1. 1. To be effective, the waiver or modification shall be in writing.
2. 2. No provider may rely on or use an unwritten waiver or modification of any program’s sub-regulatory guidance as a defense in any action brought pursuant to this Chapter.
D. In any instance where the secretary or the BHSF director is required to make a decision, the secretary or the BHSF director may delegate that authority in writing to a designee.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 46:437.1-46:440.3.

HISTORICAL NOTE: Promulgated by the Department of Health, Bureau of Health Services Financing, LR 52:691 (May 2026).