Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 404 - DEVELOPMENTAL DISABILITIES SERVICES
Chapter 1 - SCOPE AND AUTHORITY
Section 404-1-003 - ALTERNATIVE COMPLIANCE PROCEDURE

Universal Citation: 404 NE Admin Rules and Regs ch 1 ยง 003

Current through March 20, 2024

The Department has the discretion to authorize alternative methods of compliance with any standards or compliance procedures specified in these regulations when the method of compliance meets the purpose and intent of any regulation.

003.01 To apply for alternative compliance with a regulation, a provider or designee must submit a written request to the Department. The written request must include:

(A) The citation of the specific part of the regulation for which alternative compliance is being requested;

(B) The rationale supporting the request for alternative compliance;

(C) If appropriate, activities or performance criteria to replace the requirement of the regulation and the date the provider is expected to attain alternative compliance;

(D) The signature of the director; and

(E) Authorization from the provider's governing board or designee to request alternative compliance.

003.02 The Department may grant the request for alternative compliance when the provider's proposal meets the following conditions:

(A) It is consistent with the intent of the specified regulation;

(B) It conforms to good and customary administrative, management, and programmatic practices;

(C) It protects the rights, health, safety, and well-being of the persons receiving services; and

(D) It does not relieve the provider of the responsibility to comply with other pertinent regulatory requirements.

003.03 The Department will issue a written decision regarding a request for alternative compliance to the provider within 30 calendar days following the receipt of the request. When a request for alternative compliance is granted:

(A) It will be for a specified time period not to exceed the duration of the certification period for which the alternative compliance is requested;

(B) A provider must receive written authorization from the Department prior to implementing the proposal for alternative compliance; and

(C) A provider must meet all the conditions prescribed by the Department in granting the request for alternative compliance. Failure to comply with the specified conditions will automatically void the authorization for alternative compliance.

003.04 The Department's decision regarding a request of alternative compliance is not appealable.

Disclaimer: These regulations may not be the most recent version. Nebraska 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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