24 Miss. Code. R. 2-5.1 - Waiver Requests

A. A waiver of a specific standard may only be requested by a DMH fully certified provider.

B. Approved waivers are typically granted for a maximum one (1) year period. The expectation is that the provider will be able to comply with the rule on or before the expiration of the granted waiver. The DMH CRC may approve a waiver for a period beyond one (1) year, based on the nature of the request.

C. Waiver request determination is made in accordance with the rules outlined below.

D. To request a waiver of a specific rule, an agency contact, as on file with DMH, must make a written request to the Division of Certification. The request must:

1. List the rule(s) for which a waiver is being requested.

2. Be submitted on the DMH-approved waiver request form. Incomplete forms will not be processed. Notice of incorrect submission is not given to the provider.

3. Official transcript(s) from an approved educational institution, as determined by DMH, must accompany any waiver request pertaining to an education requirement for which a degree from an institution of higher learning is required.

E. The DMH CRC will review the waiver request and will approve or deny the request. The CRC may request additional information to render a decision.

F. If additional information is needed to render a decision on the request, then the CRC will hold the request, pending receipt of the requested information.

G. Should the requested information not be provided to DMH Division of Certification within 30 days of the date DMH requests additional information, not be provided in the manner requested, and/or not be provided in the time frame prescribed, then the waiver request will be considered void. Voided waiver requests will not be kept on file.

H. Once a complete waiver is submitted in the proper format, with any required additional information, the agency provider making the request will be notified of the decision within 14 business days of the CRC meeting at which the decision was made.

I. Waivers granted by DMH serve only to waive a DMH Operational Standards rule or requirement. The issued waiver only applies to DMH's purview pertaining to waiver issuance, for the time-limited period specified and for the DMH Operational Standards rules or requirement for which the waiver was issued.

J. Approved waivers are temporary, as outlined above. If a provider is approved for a waiver, then the approval is limited to a one (1)-time issuance, unless notified otherwise. Repeat, consecutive waivers for the same circumstance, as defined by DMH, are generally not allowed. Any such requests must be submitted to and approved by the DMH CRC.

K. Waiver request decisions are not appealable.

Notes

24 Miss. Code. R. 2-5.1

Miss. Code Ann. § 41-4-7

Amended 7/1/2016 Amended 9/1/2020 Amended 11/1/2024