32.03.04.05

.05 Waiver.

A. The Department may waive any requirement in this chapter if a waiver request from a provider:

(1) Is submitted to the Department in writing and contains specific facts upon which the waiver is requested;

(2) Demonstrates that:

(a) Compliance with the regulation for which a waiver is requested will impose a hardship; or

(b) The waiver, if granted, will improve the operation of the Program;

(3) Demonstrates that an alternative procedure proposed by the provider will meet or produce the intended effect of each regulation for which a waiver is requested; and

(4) Demonstrates that the issuance of a waiver will not adversely affect the health and safety of a participant.

B. Within 60 days after the date a request for a waiver is received by the Department, the Department shall inform the applicant in writing whether the waiver request will be granted. If granted, the waiver shall remain in effect for the term specified in the notification.