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.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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