New Mexico Administrative Code
Title 7 - HEALTH
Chapter 7 - HOSPITALS
Part 2 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS
Section 7.7.2.17 - WAIVERS AND VARIANCES

Universal Citation: 7 NM Admin Code 7.7.2.17

Current through Register Vol. 35, No. 6, March 26, 2024

A. Applications. All applications for the grant of a waiver or variance shall be made in writing to the licensing authority, specifying the following:

(1) the rule from which the waiver or variance is requested;

(2) the time period for which the waiver or variance is requested;

(3) if the request is for a variance, the specific alternative action which the facility proposes;

(4) the reasons for request; and

(5) an explanation of why the health, safety, and welfare of the residents or staff are not endangered by the condition.

B. Requests for a waiver or variance may be made at any time.

C. The licensing authority may require additional information from the hospital prior to acting on the request.

(1) Grants and Denials. The licensing authority shall grant or deny each request for waiver or variance in writing. Notice of a denial shall contain the reasons for denial. The decisions to grant, modify, or deny a request for a waiver or variance is subject to appeal one time only.

(2) The terms of a requested variance may be modified upon agreement between the licensing authority and the hospital.

D. The licensing authority may impose whatever conditions on the granting of a waiver or variance it considers necessary.

E. The licensing authority may limit the duration of any waiver.

Disclaimer: These regulations may not be the most recent version. New Mexico 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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.