A waiver of a specific section, subsection or paragraph of this chapter may be requested by writing to the appropriate Deputy Secretary of the Department. A waiver will be considered if the following criteria are met.
- (1) The waiver does not jeopardize the health, safety or well-being of any of the individuals in the home.
- (2) The waiver is based on the best interests and needs of the individuals.
- (3) Noncompliance with the regulation is of greater benefit to the individuals than compliance with the regulation.
- (4) There is an alternative method for meeting the intent of the regulation.
- (5) There are special circumstances that make this home different from other homes complying with the regulation.
- (6) The waiver does not violate any other State regulation or statute.
- (7) The waiver is not requested for § § 6500.1—6500.4 (relating to general provisions).
Authority
The provisions of this § 6500.12 amended under Articles IX and X of the Human Services Code (62 P.S.§ § 901—922 and 1001—1088).
Source
The provisions of this § 6500.12 amended June 17, 2016, effective June 18, 2016, 46 Pa.B. 3177. Immediately preceding text appears at serial pages (352227) to (352228).