(a) A healthcare facility may submit a request to the Department to obtain a variance from the above rules and regulations at any time. - (i) An applicant requesting a variance shall file a Request for Agency Action/Variance Application with the Department on the form furnished by the Department.
- (ii) The Department may require additional information from the facility before acting on the request.
- (iii) The Department shall act upon each request for a variance in writing within sixty (60) days of receipt of a completed request.
(b) If the Department grants a variance, it shall amend the license in writing to indicate that the facility has been granted a variance. The variance may be renewable or non-renewable. The healthcare facility shall maintain a copy of the approved variance on file in the facility and make the copy available to all interested parties upon request. - (i) The Department shall file the request and variance with the license application.
- (ii) The terms of a requested variance may be modified upon agreement between the Department and the facility.
- (iii) The Department may impose conditions on the granting of a variance as it determines necessary to protect the health and safety of the facility residents or patient's.
- (iv) The Department may limit the duration of any variance.
(c) The Department shall issue a written notice of agency decision denying a variance upon a determination that the variance is not justified. This decision shall be final and may not be appealed.
(d) The Department may revoke a variance if: - (i) The variance adversely affects the health, safety, or welfare of the facility residents or patient's.
- (ii) The facility fails to comply with the conditions of the variance, as granted.
- (iii) The licensee notifies the Department in writing that it wishes to relinquish the variance and be subject to the rule previously varied.
- (iv) There is a change in the statute, regulations, or rules.