N.J. Admin. Code § 8:42-2.6 - Waiver

(a) The Commissioner or his or her designee may, in accordance with the general purposes and intent of this chapter, waive sections of the rules if, in his or her opinion, such waiver would not endanger the life, safety, or health of patients or the public.

(b) An agency seeking a waiver of a rule in this chapter shall apply, in writing, to the Director of the Office of Certificate of Need and Healthcare Facility Licensure of the Department on Form CN-28, Application for Waiver, which is available on the Department's website at http://web.doh.state.nj.us/apps2/forms/subforms.aspx?pro=healthfacilities#need-care.

(c) A written request for waiver shall include the following:

1. The specific rule(s) or part(s) of the rule(s) for which waiver is requested;

2. Reasons for requesting a waiver, including a statement of the type and degree of hardship that would result to the agency upon full compliance;

3. An alternative proposal, which would ensure patient safety;

4. Documentation to support the application for waiver;

5. Whether the project is currently under review by the Department of Community Affairs, Health Care Plan Review; and

6. Whether the waiver request is based on plan review comments by the Department of Community Affairs.

(d) The Department reserves the right to request additional information before processing a request for waiver.

Notes

N.J. Admin. Code § 8:42-2.6

Amended by 48 N.J.R. 1445(a), effective 7/18/2016 Amended by 55 N.J.R. 2546(a), effective 12/18/2023