1. (1) Exception to a requirement.

   1. (a) The department may grant a waiver or variance if the department determines that the proposed waiver or variance will not jeopardize the health, safety, welfare, or rights of any client.
   2. (b) A written request for a waiver or variance shall be sent to the department on a form provided by the department and includes justification that the waiver or variance will not adversely affect the health, safety, or welfare of any client for the requested action.
   3. (c) A written request for a variance shall include a description of an alternative means planned to meet the intent of the requirement.
   4. (d) In considering whether to approve a waiver or variance, the department will consider whether the requested waiver or variance increases patient access to care or sufficiently supports the efficient and economic operation of a service.

2. (2) Rescinding waiver or variance. The department may rescind a waiver or variance if any of the following occurs:

   1. (a) The department determines the waiver or variance has adversely affected the health, safety, or welfare of a client.
   2. (b) The service fails to comply with any of the conditions of the waiver or variance as granted.
   3. (c) Rescinding the waiver or variance is required by federal or state law.
   4. (d) There is no longer sufficient justification that the waiver or variance increases patient access to care or sufficiently supports the efficient and economic operation of a service.

History

History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.