(a) Applicants or licensees seeking waivers of specific rules in He-P 803 shall submit a written request for a waiver to the commissioner that includes:
- (1) The specific reference to the rule for which a waiver is being sought;
- (2) A full explanation of why a waiver is necessary;
- (3) A full explanation of alternatives proposed by the applicant or license holder, which shall be equally as protective of public health and residents as the rule from which a waiver is sought; and
- (4) The period of time for which the waiver is sought.
- (b) A waiver shall be permanent unless the department specifically places a time limit on the waiver.
(c) A request for waiver shall be granted if the commissioner determines that the alternative proposed by the applicant or licensee:
- (1) Meets the objective or intent of the rule;
- (2) Does not have the potential to negatively impact the health or safety of the residents; and
- (3) Does not negatively affect the quality of resident services.
- (d) The licensee’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.
- (e) Waivers shall not be transferable.
- (f) When a licensee wishes to renew a non-permanent waiver beyond the approved period of time, the licensee shall apply for a new waiver with the renewal application or at least 60 days prior to the expiration of the existing waiver, as appropriate, by submitting the information required by (a) above.
- (g) The request to renew a waiver shall be subject to (b) through (f) above.
Source. #9856-A, eff 1-26-11, EXPIRED: 1-26-19 New. #12721, INTERIM, eff 1-29-19, EXPIRED: 7-29-19 New. #12860, eff 8-28-19