Current through Register Vol. 51, No. 19, September 20, 2024
A.
The Department may grant a limited private inpatient facility a waiver from the
licensure requirements under Regulation .12 of this chapter with, or without,
conditions.
B. Application for
Licensure Standards Waiver.
(1) A facility
shall submit a request for a waiver on a form developed by the
Department.
(2) The requestor shall
provide in writing the:
(a) Regulation from
which a waiver is sought;
(b)
Reason the facility is unable to comply with the regulation;
(c) Reason that compliance with the
regulation will impose a substantial hardship; and
(d) Reason that a waiver will not adversely
affect residents.
C. Evaluation of Application for Licensure
Standards Waiver. In evaluating a waiver request, the Department shall review
the statements in the application, and may:
(1) Inspect the limited private inpatient
facility;
(2) Confer with the
limited private inpatient facility director; or
(3) Discuss the request with the residents or
their representatives to determine whether the residents or their
representatives believe a waiver is in the residents' best interest.
D. Grant or Denial of Licensure
Standards Waiver.
(1) The Department may grant
a waiver request if the Department determines that:
(a) Compliance with the regulation from which
the waiver is sought cannot be accomplished without substantial hardship;
and
(b) A waiver will not adversely
affect residents.
(2) If
the Department determines that the conditions of §D(1) of this regulation
are not met, the Department shall deny the request for a waiver. The denial of
a waiver may not be appealed.
E. Written Decision.
(1) The Department shall issue and mail to
the applicant a written decision on a waiver request submitted under §B of
this regulation within 45 days from receipt of the request and all appropriate
supporting information.
(2) If the
Department grants the waiver, the written decision shall include:
(a) The waiver's duration; and
(b) Any conditions imposed by the
Department.
F. If the limited private inpatient facility
violates any condition of the waiver, or if it appears to the Secretary that
the health or safety of residents residing in the limited private inpatient
facility will be adversely affected by the continuation of the waiver, a waiver
may be revoked. The revocation of a waiver may not be appealed.
