1. (a) Applicants or licensees seeking waivers of specific rules in He-P 815 shall submit a written request for a waiver to the commissioner that includes:

   1. (1) The specific reference to the rule for which a waiver is being sought;
   2. (2) A full explanation of why a waiver is necessary and how a waiver is justified;
   3. (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 or provide a reasonable explanation why the applicable rule should be waived; and
   4. (4) The period of time for which the waiver is sought if less than permanent.
2. (b) A waiver shall be permanent unless the department specifically places a time limit on the waiver.

3. (c) A request for waiver shall be granted if the commissioner determines that the terms of the waiver proposed by the applicant or licensee:

   1. (1) Meet the objective or intent of the rule;
   2. (2) Do not negatively impact public health or the health, safety, or well-being of the residents; and
   3. (3) Do not affect the quality of resident services.
4. (d) The licensee’s subsequent compliance with the terms of the waiver as approved shall be considered equivalent to complying with the rule from which waiver was sought.
5. (e) Waivers shall not be transferable.
6. (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.
7. (g) The request to renew a waiver shall be subject to (b) through (f) above.

Source. #13568, eff 2-25-23