10.07.16.23

.23 Licensure Standards Waiver.

A. The Department may grant a limited private inpatient facility a waiver from the licensure requirements under Regulation .12 of this chapter with, or without, conditions.

B. Application for Licensure Standards Waiver.

(1) A facility shall submit a request for a waiver on a form developed by the Department.

(2) The requestor shall provide in writing the:

(a) Regulation from which a waiver is sought;

(b) Reason the facility is unable to comply with the regulation;

(c) Reason that compliance with the regulation will impose a substantial hardship; and

(d) Reason that a waiver will not adversely affect residents.

C. Evaluation of Application for Licensure Standards Waiver. In evaluating a waiver request, the Department shall review the statements in the application, and may:

(1) Inspect the limited private inpatient facility;

(2) Confer with the limited private inpatient facility director; or

(3) Discuss the request with the residents or their representatives to determine whether the residents or their representatives believe a waiver is in the residents’ best interest.

D. Grant or Denial of Licensure Standards Waiver.

(1) The Department may grant a waiver request if the Department determines that:

(a) Compliance with the regulation from which the waiver is sought cannot be accomplished without substantial hardship; and

(b) A waiver will not adversely affect residents.

(2) If the Department determines that the conditions of §D(1) of this regulation are not met, the Department shall deny the request for a waiver. The denial of a waiver may not be appealed.

E. Written Decision.

(1) The Department shall issue and mail to the applicant a written decision on a waiver request submitted under §B of this regulation within 45 days from receipt of the request and all appropriate supporting information.

(2) If the Department grants the waiver, the written decision shall include:

(a) The waiver’s duration; and

(b) Any conditions imposed by the Department.

F. If the limited private inpatient facility violates any condition of the waiver, or if it appears to the Secretary that the health or safety of residents residing in the limited private inpatient facility will be adversely affected by the continuation of the waiver, a waiver may be revoked. The revocation of a waiver may not be appealed.