1. (1) The Department may grant a variance to these rules based upon a provider's demonstration that an alternative method or different approach provides equal or greater effectiveness and does not violate state or federal laws or adversely impact individuals' welfare, health, safety, or rights.

2. (2) A provider must submit a variance request to the CDDP. The variance request must be on the applicable Department form and contain the following:

   1. (a) The section of the rule from which the variance is sought;
   2. (b) The reason for the proposed variance;
   3. (c) The alternative practice, service, method, concept, or procedure proposed; and
   4. (d) If the variance applies to the services for an individual, evidence the variance is consistent with the individual's currently authorized ISP.
3. (3) The request for a variance is approved or denied by the Department. The decision of the Department is sent to the provider, the CDDP, and to all relevant Department programs or offices within 30 calendar days from the date of the variance request.
4. (4) A provider may request an administrative review of the denial of a variance request. The Department must receive a written request for an administrative review within 10 business days from the date of the denial. The provider must send a copy of the written request for an administrative review to the CDDP. The decision of the Director is the final response from the Department.
5. (5) The duration of the variance is determined by the Department.
6. (6) A provider may implement a variance only after written approval from the Department.

Statutory/Other Authority

ORS 409.050, 441.715, 443.450 & 443.455

Statutes/Other Implemented

ORS 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991

History

APD 13-2019, amend filed 02/14/2019, effective 02/15/2019
APD 24-2016, f. & cert. ef. 6-29-16
APD 42-2014, f. 12-26-14, cert. ef. 12-28-14
APD 24-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13
SPD 1-2012, f. & cert. ef. 1-6-12
SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04