New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS
Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS
Section 8.370.12.17 - WAIVERS AND VARIANCES
Universal Citation: 8 NM Admin Code 8.370.12.17
Current through Register Vol. 35, No. 18, September 24, 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.
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