New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS
Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES
Section 8.370.16.21 - WAIVERS AND VARIANCES
Universal Citation: 8 NM Admin Code 8.370.16.21
Current through Register Vol. 35, No. 18, September 24, 2024
A. Definitions: As used in this section:
(1)
waiver: means the grant of an exemption from a requirement of these
regulations;
(2) variance: means
the granting of an alternate requirement in place of a requirement of these
regulations.
B. Requirements for waivers and variances: A waiver or variance may be granted if the authority finds that the waiver or variance will not adversely affect the health, safety, or welfare of any resident and that:
(1) strict enforcement of a requirement would
result in unreasonable hardship on the facility or on a resident;
(2) an alternative to a rule, including new
concepts, methods, procedures, techniques, equipment, personnel qualifications,
or the conducting of pilot projects, is in the interest of better care or
management.
C. Applications:
(1) All applications for waiver
or variance from the requirements of these regulations shall be made in writing
to the authority, specifying the following:
(a) the rule from which the waiver or
variance is requested;
(b) the time
period for which the waiver or variance is requested;
(c) if the request is for a variance, the
specific alternative action which the facility proposes;
(d) the reasons for the request;
and
(e) justification that the goal
or purpose of the rule or regulations would be satisfied.
(2) Requests for a waiver or variance may be
made at any time.
(3) The authority
may require additional information from the facility prior to acting on the
request.
D. Grants and denials:
(1) The authority at its discretion
shall grant or deny each request for waiver or variance in writing. A notice of
denials shall contain the reasons for denial.
(2) The terms of a requested variance may be
modified upon agreement between the authority and a facility.
(3) The authority may impose such conditions
on the granting of a waiver or variance which it deems necessary.
(4) The authority may limit the duration of
any waiver or variance.
(5) The
authority's action on a request for a waiver is not subject to administrative
appeal.
E. Revocation: The authority may revoke a waiver or variance if:
(1) it is determined that the waiver or
variance is adversely affecting the health, safety or welfare of the
resident's; or
(2) the facility has
failed to comply with the variance as granted; or
(3) the licensee notifies the authority in
writing that it wishes to relinquish the waiver or variance and be subject to
the rule previously waived or varied;
(4) required by a change in law.
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.
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