Haw. Code R. § 11-100.1-4 - Waiver

(a) Every request for a waiver shall be set forth in writing and submitted to the department for approval. The licensee shall submit sufficient information as set forth in subsection (d)(3), to enable the department to make a decision on the request for a waiver.

(1) The department shall not act upon or consider any incomplete requests for waivers. A waiver request shall be deemed complete only when all required and requested information including a reason for the waiver and an alternate plan established to ensure the health, safety, welfare and civil rights of the resident, including resident care and life safety safeguards, is reviewed by the department;

(2) Every request shall be signed by the licensee and shall constitute an acknowledgment and agreement that the licensee will comply with all terms and conditions of the waiver and this chapter;

(3) The department may require the submission of additional information after the request has been submitted. If a request is incomplete or otherwise deficient, processing of the request shall not be completed until such time as the licensee has supplied all required information or otherwise corrected the deficiency;

(4) All waivers shall not be transferrable;

(5) The failure of the department to act on a completed request for a waiver within sixty days of receipt of request, shall be deemed an approval of the request; provided that the licensee acts consistently with the request process; and

(6) A waiver may be granted on a case by case basis when it does not affect the resident's health, welfare, and safety.

(b) The request will be reviewed by the department based on the effect or probable effect the waiver would have on the health, safety and welfare of a resident.

(c) Whenever a request is approved by the department, the department shall issue a waiver authorizing the operation of an ARCH or expanded ARCH pursuant to the conditions specified in the request for the waiver and/or conditions specified by the department. No waiver shall be granted by the department unless the request and the supporting information clearly show that:

(1) Granting the waiver will not endanger the health, safety, or welfare of an ARCH or expanded ARCH resident;

(2) The waiver shall not be transferred to another resident or ARCH or expanded ARCH;

(3) Granting the waiver will not affect the requirements of licensure provided in section 11-100.1-3; and

(4) Granting the waiver will not affect the primary care giver requirements provided in section 11-100.1-8.

(d) Any approved waiver shall be granted within the requirements of this section, for time periods and under conditions consistent with this chapter, and with the following limitations:

(1) The department may issue a waiver for a period not exceeding one year;

(2) The department may revoke the waiver at any time if the waiver creates a threat to the health, safety, or welfare of an ARCH or expanded ARCH resident;

(3) For every waiver granted under this section the department shall require the licensee to submit to the department information on a case by case basis such as:

(A) Resident diagnosis with ability for self preservation, physician or APRN order, training to be provided to licensee, primary care giver or substitute care givers, plan for monitoring, oversight and evaluation of resident status; or

(B) Conditions under which any structural changes to the ARCH or expanded ARCH will be completed, specific time frame for construction completion, and plan to ensure the safety of the ARCH or expanded ARCH residents during construction; and

(C) Process to be undertaken to ensure the health, safety and welfare of ARCH or expanded ARCH residents for staffing changes or training to meet the requirements of this chapter.

(4) For every waiver granted under this subsection the department shall perform a thorough review of known and available means of protecting the health, safety, or welfare of ARCH or expanded ARCH residents to which the waiver applies.

(e) Waiver renewal. No waiver renewal shall be granted except on request therefor. Any such request shall be submitted to the department at least sixty days prior to the expiration of the waiver. The department shall act on a request for renewal within sixty days of the receipt of such request. Any waiver granted pursuant to this section may be renewed on terms and conditions which would be appropriate on initial granting of a waiver, for periods not exceeding one year; provided that:

(1) The request for renewal has met all of the conditions specified in the immediately preceding waiver; and

(2) The renewal, and the waiver issued in pursuance thereof, shall provide for protection of the health, safety/ or welfare of the ARCH or expanded ARCH resident in a manner not less than that attained pursuant to the terms of the immediately preceding waiver at its expiration.

(f) If the waiver or renewal is not granted, the department shall, upon request, provide the opportunity for hearing in accordance with chapter 91, HRS.

(g) No waiver shall be construed to prevent or limit the application of any emergency provisions and procedures provided by law.

Notes

Haw. Code R. § 11-100.1-4

[Eff. SEP 18 2006] [Auth: §§ 321-9, 321-10, 321-11, 321-15.6; 321-15.62] (Imp. HRS 321-15.6, 321.15.62)