He-P 805.10 Waivers.

  • Applicants or licensees seeking waivers of specific rules in He-P 805 shall submit a written request for a waiver to the department that includes:
    • The specific reference to the rule for which a waiver is being sought;
    • A full explanation of why a waiver is necessary; and
    • The period of time for which the waiver is sought if less than
  • A waiver shall be permanent unless the department specifically places a time limit on the
  • A request for waiver shall be granted if the department determines that the alternative proposed by the applicant or licensee:
    • Meets the objective or intent of the rule;
    • Does not negatively impact the health, safety or well-being of the residents; and
    • Does not affect the quality of resident
  • The licensee’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was
  • Waivers shall not be
  • When a licensee wishes to renew a time-limited waiver beyond the approved period of time, the licensee shall apply for a new waiver by submitting the information required by (a) above:
    • When the licensee submits its application for license renewal pursuant to He-P 805.06(b) and (c); or
    • At least 15 days prior to the expiration of the waiver if the waiver expires on a date other then the expiration date of the licensing
  • The request to renew a waiver shall be subject to (b) through (f)


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