Section 164.023 - Waivers(A) The Department may, in its discretion, waive the applicability of one or more of the requirements of 105 CMR 164.000 as requested by a Licensed or Approved Provider, upon a written finding that: (1) compliance would cause undue hardship to the provider, as documented by the Licensed or Approved Provider in a manner defined by the Department;(2) the provider is in substantial compliance with the spirit of the requirement and has instituted compensating features that are acceptable to the Department;(3) the provider's noncompliance does not jeopardize the health, safety, or well-being of its patients or residents and does not limit the provider's capacity to provide the service; and (4) the provider provides to the Department written documentation supporting its request for a waiver.(B) The Department may, in its discretion, rescind or impose a time limit on any waiver it grants.Amended by Mass Register Issue 1482, eff. 11/11/2022.