Variance and waiver

Variance and waiver.

(1) exception to a requirement.

(a) A CCF certified under this chapter may apply for a discretionary waiver or variance to a requirement under this chapter. A written request for a waiver or variance shall be sent to the department on a form provided by the department. The application shall address all of the criteria in par. (b) . A variance application shall include a description of the alternative means planned to meet the intent of the requirement.

(b) The department may grant an application for a waiver or variance if the department determines that all of the following criteria are met:

1. Strict enforcement of the requirement for which a waiver or variance is sought would result in an unreasonable hardship for the CCF.

2. The proposed waiver or variance will not diminish the effectiveness of the services provided at the CCF.

3. The proposed waiver or variance increases client access to care and sufficiently supports the efficient and economic operation of the service.

4. The proposed waiver or variance will not jeopardize the health, safety, welfare, or rights of any client.

5. Any waiver or variance proposed in the application is consistent with all state and federal laws.

(2) Rescinding a waiver or variance.

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

1. The department determines the waiver or variance has adversely affected the health, safety, or welfare of a client.

2. The service fails to comply with any of the conditions of the waiver or variance as granted.

3. Rescinding the waiver or variance is required by federal or state law.

4. There is no longer sufficient justification that the waiver or variance increases client access to care or sufficiently supports the efficient and economic operation of a service.

(b) The department shall notify a CCF in writing if it rescinds or limits a waiver or variance in accordance with par. (a) .