N.Y. Comp. Codes R. & Regs. tit. 14 § 501.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 501.3 - Waiver

(a)Waiver.

(1) The commissioner shall have the authority to waive regulatory requirements within Chapter XIII of this Title, which are not otherwise required by State or Federal law.

(2) The commissioner may grant a waiver of a regulatory requirement requested pursuant to this section if he/she determines that:

(i) the rights, health and safety of clients would not be diminished;

(ii) the best interests of clients would be served;

(iii) the benefits of waiving the requirement outweigh the public interest in meeting the requirement; and

(iv) the purpose of the request is to implement/test innovative programs that may increase the efficiency or effectiveness of operations, to provide additional flexibility to better meet local service needs while maintaining program quality and integrity, or other purposes deemed appropriate by the commissioner.

(3) The granting of waivers will be at the sole discretion of the commissioner.

(4) A request for a waiver must be submitted in writing, must clearly cite the regulatory requirements at issue, must provide sufficient evidence of prior consultation with the appropriate local governmental unit or units, must contain substantial documentation to support the need for the waiver, including documentation which demonstrates that it is consistent with the provisions of paragraph (2) of this subdivision, and must include such other information as the commissioner may require.

(5) Special limits, conditions or restrictions may be established by the commissioner in granting a waiver.

(6) Waivers issued under this section shall be in effect for no longer than three years. In the case of a waiver granted to a provider of services for who an operating certificate has been issued pursuant to article 31 of the Mental Hygiene Law, such waiver shall be in effect no longer than the duration of the operating certificate held by the facility for which such waiver is granted. Waivers shall not be renewed unless the entity to whom the waiver has been issued submits a request for renewal to the commissioner, provides such other information as the commissioner may require, and documents to the satisfaction of the commissioner that there has been consultation with the appropriate local governmental unit or units and that such renewal is consistent with the provisions of paragraph 2 of this subdivision.

(7) The office shall provide public notice of applications for waivers by posting such information on its internet site. The office shall review and consider any public comments which are received regarding the application for a waiver. The office shall supplement its internet posting with the commissioner's determination with respect to each application, when such determination is made.

(b) Nothing in this section shall be deemed to limit the ability of the commissioner to waive regulations, to the extent permitted by law, in extreme emergencies, such as natural disasters, acts of terrorism, or as directed by the Governor.

(c) Nothing in this section shall be deemed to alter the commissioner's authority to waive regulatory requirements in accordance with specific authority established in other Parts of Chapter XIII of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 501.3

Amended, New York State Register, Volume XXXVI, Issue 29, effective 7/23/2014