Haw. Code R. § 11-94.2-11 - Waiver
(a) Every request for a waiver from an
otherwise applicable licensing requirement shall be set forth in writing and
submitted to the department for approval. The licensee shall submit the
information required in this subsection 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 a proposal for an alternate
plan to ensure the health, safety, welfare, and civil rights of the
resident(s), including resident care and life safety safeguards, is received 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 upon approval of the request;
(3) The department may require the submission
of additional information after the request has been submitted;
(4) A waiver shall not be
transferable;
(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 in accordance with the request process;
(6) Notwithstanding the requirements of
paragraph (5), the maximum period of time of sixty days shall be extended
indefinitely in the event of a national disaster, state emergency, or union
strike that would prevent the applicant, the agency, or the department from
fulfilling application review in a timely manner; and
(7) Waivers may be granted on a case-by-case
basis and shall not be construed as a precedent for any other circumstances or
situations.
(b) The
waiver request will be reviewed by the department giving due consideration to
the effect or probable effect the waiver would have on the health, safety, and
welfare of the residents.
(c)
Whenever a request is approved by the department, the department shall issue a
waiver authorizing the operation of a nursing facility pursuant to the
conditions specified in the request for the waiver, or conditions specified by
the department, or both. 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 the resident(s);
(2) Granting the waiver will not affect the
requirements of licensure provided in section 11-94.2-6; and
(3) Granting the waiver will not affect the
nursing services provided in section 11-94.2-39.
(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 the resident(s);
(3) For every waiver granted under this
section, the department shall, on a case-by-case basis, require the licensee to
submit to the department additional information as may be necessary or
appropriate such as:
(A) Resident diagnosis,
physician or APRN order, training to be provided to licensee, plan for
monitoring, oversight, and evaluation of resident status;
(B) Conditions under which any structural
changes to the facility will be completed, specific timeframe for construction
completion, and plan to ensure the safety of the residents during construction;
and
(C) Procedure to be undertaken
to ensure the health, safety, and welfare of residents as necessitated by
staffing changes or training to meet the requirements of this
chapter;
(4) For every
waiver granted under this section, the department shall perform a thorough
review of known and available means of protecting the health, safety, or
welfare of the resident(s) to which the waiver applies.
(e) Renewal of waivers shall be requested in
writing and 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 the request.
(f) Any waiver granted pursuant to this
section may be renewed on the same terms and conditions on which the waiver was
initially granted, for a period 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 request for renewal and the waiver
issued in response to that request shall provide for the protection of the
health, safety, and welfare of the resident(s) in a manner that is consistent
with the terms of the immediately preceding waiver at its expiration.
(g) No waiver shall be construed
to prevent or limit the application of any emergency provisions and procedures
provided by law.
Notes
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