.07 Waiver.

A. Facilities that are providing services on or before February 12, 2007, but do not meet all requirements of this chapter, may request a waiver of specific requirements from the Department.

B. All other freestanding medical facilities seeking a waiver from this chapter shall submit a request to the Department including the rationale for the waiver and alternatives to the requirement based on clinical and technical advances.

C. In its request, the facility shall demonstrate that a waiver of the requirement would:

(1) Not pose a threat to patients or the provision of services; and

(2) Be a financial hardship for the facility to comply with that requirement.

D. The Department shall review the request for a waiver and notify the freestanding medical facility of its determination.