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)
