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.