Section 146.300 Waivers

TITLE 89: SOCIAL SERVICES

CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

SUBCHAPTER d: MEDICAL PROGRAMS

PART 146 SPECIALIZED HEALTH CARE DELIVERY SYSTEMS

SECTION 146.300 WAIVERS

Section 146.300  Waivers

a)         The Department may grant a

waiver from specified provisions of this Subpart B if the applicant or SLF can

demonstrate that an alternative is available to ensure the residents' health,

safety and welfare.

b)         An applicant or SLF shall

submit a written request for a waiver that includes:

1)         The applicant's or SLF's name and address;

2)         The specific Section of this

Part for which the applicant or SLF is requesting a waiver;

3)         The reason or reasons why an

applicant or SLF is not able to comply with the requirements;

4)         An alternative, if applicable,

that ensures that the health, safety and welfare of residents are protected;

and

5)         The duration of the waiver.

c)         The Department shall evaluate a request for a waiver as

follows:

1)         Review the written request;

2)         Verify the submitted

documentation;

3)         If the requested waiver

involves a physical plant requirement, inspect the SLF; and

4)         If applicable, discuss the

waiver with the SLF's owner, manager or manager's designee, residents or

representatives, or any individual the Department determines is necessary to

evaluate the request.

d)        The Department shall provide a

written notice of approval or denial to the applicant or SLF within 90 days

after receipt of the request for a waiver

ment, inspect the SLF; and

4)         If applicable, discuss the

waiver with the SLF's owner, manager or manager's designee, residents or

representatives, or any individual the Department determines is necessary to

evaluate the request.

d)        The Department shall provide a

written notice of approval or denial to the applicant or SLF within 90 days

after receipt of the request for a waiver.

e)        The Department shall withdraw an

approved waiver if:

1)          An SLF does not comply with

the conditions of the waiver as approved by the Department;

2)          The Department determines that

the health, safety or welfare of residents is not protected by the waiver;

3)          The condition of the physical

plant has deteriorated or its use substantially changed so that the basis upon

which the waiver was issued is no longer applicable;

4)          The SLF is renovated or

remodeled in such a way as to permit compliance;

5)          The Department determines the waiver would render the

SLF noncompliant with other regulations or codes (i.e., local, State or federal

requirements).

f)         The Department may limit the time period that a waiver

is in effect.