7 AAC 72.030 - Waiver of requirements
(a) Upon request by a facility administrator,
the commissioner or the commissioner's designee will waive a provision of this
chapter if the administrator
(1) provides an
alternative method that reasonably assures, to the satisfaction of the
commissioner or the commissioner's designee, the same level of protection and
treatment that the provision sought to be waived affords the patient;
and
(2) demonstrates, to the
satisfaction of the commissioner or the commissioner's designee, that the
waiver does not result in a violation of a requirement of
AS
47.30.660-47.30.915 or 7 AAC 12.
(b) A request for a waiver from a
provision of this chapter must be in writing and must
(1) identify the provision for which a waiver
is sought;
(2) explain the reasons
why the facility cannot comply with the provision;
(3) describe the alternative method proposed
to satisfy the requirement in (a)(1) of this section; and
(4) describe the facility's plan for
complying with the provision, including a time schedule for
compliance.
(c) The
department will rescind a waiver granted under this section if the department
determines that the facility in not in compliance with (a)(1) and (2) of this
section.
Notes
Authority:AS 47.30.660
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