§ 2600.19. Waivers.
(a) A home may submit a written request for a waiver of a specific requirement contained in this chapter. The waiver request must be on a form prescribed by the Department. The Secretary, or the Secretarys appointee, may grant a waiver of a specific requirement of this chapter if the following conditions are met:
(1) There is no jeopardy to the residents.
(2) There is an alternative for providing an equivalent level of health, safety and well-being protection of the residents.
(3) Residents will benefit from the waiver of the requirement.
(b) The scope, definitions, applicability or residents rights under this chapter may not be waived.
(c) At least 30 days prior to the submission of the completed written waiver request to the Department, the home shall provide a copy of the completed written waiver request to the affected resident and designated person to provide the opportunity to submit comments to the Department. The home shall provide the affected resident and designated person with the name, address and telephone number of the Department staff person to submit comments.
(d) The home shall discuss the waiver request with the affected resident and designated person upon the request of the resident or designated person.
(e) The home shall notify the affected resident and designated person of the approval or denial of the waiver. A copy of the waiver request and the Departments written decision shall be posted in a conspicuous and public place within the home.
(f) The Department will review waivers annually to determine compliance with the conditions required by the waiver. The Department may revoke the waiver if the conditions required by the waiver are not met.
(g) A waiver granted prior to October 24, 2005, is no longer in effect as of October 24, 2006.
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