Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 12 - ADULT HEALTH
Chapter 10.12.04 - Day Care for the Elderly and Adults with a Medical Disability
Section 10.12.04.06 - Waiver of Provisions
Universal Citation: MD Code Reg 10.12.04.06
Current through Register Vol. 51, No. 19, September 20, 2024
A. The Secretary may waive any provision of this chapter if center:
(1) Experiences practical difficulties or
unnecessary hardship in complying with the provisions of this chapter:
and
(2) Can demonstrate that
granting a waiver will not adversely affect the health and safety of its
participants.
B. The licensee shall submit a written request to the Department to obtain a waiver. In the written request, the licensee shall address the following issues:
(1) The regulation from which a waiver is
sought;
(2) The reason the licensee
is unable to comply with the regulation;
(3) The reason that compliance with the
regulation will impose a substantial hardship; and
(4) The reason that a waiver will not
adversely affect participants care or services.
C. The Department shall provide written approval of any waiver granted to a center, and the approval letter shall specify the effective time frame for the waiver.
D. The Department shall review each waiver during the license renewal process.
E. The Secretary may revoke a waiver at any time if:
(1) A center violates any condition
of the waiver; or
(2) It appears to
the Secretary that the health or safety of participants attending the center
will be adversely affected by the continuation of the waiver.
F. The revocation of a waiver may not be appealed.
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