Current through Register Vol. 54, No. 44, November 2, 2024
Section 6350.16 - Waiver option(a) The Department's regional directors for the office of developmental programs may, in special situations, waive specific provisions within this chapter which govern the Family Resource Services (FRS) Program when an identified need for an FRS-eligible service cannot be met because of a restriction imposed by this chapter. This waiver option does not apply to Chapter 4305 (relating to liability for community mental health and intellectual disability services).(b) The request for a waiver of a provision of this chapter shall be consistent with the philosophy and intent of the FRS Program and shall relate to an FRS-eligible service.(c) The County Mental Health/Intellectual Disability (MH/ID) Administrator shall submit a written request to the appropriate Department's regional commissioner for intellectual disability to have a specific provision of this chapter waived for a specific situation.(d) The written request shall include documentation which explains why it is necessary to have a provision of this chapter waived.(e) The request shall be for a specific situation and involve a specific person or group of persons to be served for a specific period of time.(f) The Department's regional commissioner for the office of developmental programs shall submit to the county mental health and intellectual disability administrator written notification of the approval or disapproval of the request for a waiver prior to the implementation of the service.(g) Copies of requests and decisions related to the waiver option shall be submitted to the central office of developmental programs for review.The provisions of this §6350.16 amended June 17, 2016, effective 6/18/2016, 46 Pa.B. 3177.The provisions of this §6350.16 amended under sections 201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §§ 4201(2) and (8) and 4202).