§ 6211.31. Request for waiver.

 (a)  The provider may submit a request for a waiver of the standard interim per diem rate if any of the following conditions exist:

   (1)  The facility has been certified as an ICF/MR for less than 18 months prior to the closing date of the most recently submitted cost report.

   (2)  There has been an increase or decrease in the certified capacity of a facility during the current fiscal year.

   (3)  An increase or decrease in the certified capacity is anticipated for the next fiscal year.

   (4)  The characteristics of a client have changed significantly causing significant program changes, resulting in demonstrably different costs.

   (5)  An unforeseen circumstance has resulted in demonstrably different costs.

   (6)  The facility has changed ownership.

 (b)  The request for waiver shall be submitted to the Office of Mental Retardation in writing by March 1 preceding the fiscal year for which the waiver is being requested.

 (c)  A waiver request may not be submitted for more than 1 fiscal year at a time.

 (d)  If there is an unforeseen circumstance that affects the providers’ cost, the request for waiver shall occur during the current fiscal year. The provider shall request a budget review in writing immediately after the change occurs.

 (e)  A written request for waiver shall include all of the following:

   (1)  Identification of the specific condition in subsection (a) that exists.

   (2)  A proposed budget and a proposed per diem rate, on forms prescribed by the Office of Mental Retardation of the Department, in accordance with the budget instructions established by the Office of Mental Retardation.

   (3)  A detailed profile of the providers’ costs prior to and after the change.

   (4)  Detailed justification for the waiver.

   (5)  The fiscal year for which the waiver is being requested.

 (f)  For a provider with less than a 12-month cost report who does not submit a request for waiver, an interim per diem rate will be established based upon §  6211.15 (relating to failure to submit cost report).

   This section cited in 55 Pa. Code §  6211.121 (relating to submission of the budget).