Ohio Admin. Code 3701-7-16 - Waivers and variances
(A)
Upon written
request of a maternity unit or newborn care nursery, the director may grant
a:
(1)
Variance
from any requirement in rules
3701-7-01 to
3701-7-16 of the Administrative
Code if the director determines that the intent of the requirement has been met
in an alternative manner; or
(2)
Waiver from any
requirement in rules
3701-7-01 to
3701-7-16 of the Administrative
Code if the director determines that the strict application of the requirement
would cause an undue hardship to the maternity unit and that granting the
waiver would not jeopardize the health or safety of any patient.
(B)
In granting a variance or waiver, the director shall
stipulate a time period for which the variance and waiver is to be effective
and shall establish conditions the maternity unit must meet for the variance or
waiver to be operative.
(C)
The decision regarding a variance or waiver is a
discretionary act by the director and an informal procedure not subject to
Chapter 119. of the Revised Code. The director's decision shall be based on
documentation of the following:
(1)
In the case of a variance request, the alternative
means by which the maternity unit or newborn care nursery is meeting the intent
of the requirement; and
(2)
In the case of a waiver request, the undue hardship
caused by the requirement and the reasons why a waiver of the requirement will
not jeopardize the health or safety of any patient.
(D)
The granting of a
variance or waiver by the director shall not be construed as constituting
precedent for the granting of any other variance or waiver. All variance or
waiver requests shall be considered on a case-by-case basis.
(E)
The provider
whose request for a waiver or variance under this rule is denied may request
reconsideration of the decision by the director. A request for reconsideration
must:
(1)
Be
received in writing by the director within thirty days of receipt of the
director's denial of the waiver or variance request;
(2)
Present
significant, relevant information not previously submitted to the director by
the provider because it was not available to the provider at the time the
waiver or variance request was filed; or
(3)
Demonstrate that
there have been significant changes in factors or circumstances relied upon by
the director in reaching the initial decision.
(F)
A decision on an
appropriately filed request for reconsideration shall be issued within
forty-five days of the director's receipt of the request for reconsideration
and all information determined necessary by the director to make a
decision.
(G)
The reconsideration process is an informal procedure
not subject to Chapter 119. of the Revised Code. The director's decision on
reconsideration is final.
(H)
Each maternity home seeking a variance or waiver shall
file an application with the board of health of the city or general health
district in which the maternity home is located.
(I)
Not later than
forty-five days after receiving an application, the board shall determine
whether to grant the maternity home's request for variance or waiver and shall
notify the applicant in writing of the board's decision.
(J)
The board of
health may grant a maternity home a:
(1)
Variance from any requirement in rules
3701-7-01 to
3701-7-16 of the Administrative
Code if the board of health determines that the intent of the requirement has
been met in an alternative manner; or
(2)
Waiver from any
requirement in rules
3701-7-01 to
3701-7-16 of the Administrative
Code if the board determines that strict application of a requirement would
cause an undue hardship to the applicant and that granting the waiver would not
jeopardize the health and safety of any patient or resident.
(K)
If a
board of health denies a variance or waiver requested by a maternity home, the
home may appeal the denial by filing a notice of appeal with the director of
health. The notice must be filed not later than thirty days after the board's
denial of the request.
(L)
Not later than forty-five days after the notice of
appeal is filed, the director shall either affirm the board's denial or grant
the variance or waiver. The director shall notify the board and the maternity
home in writing of the director's action.
(M)
Notwithstanding
any other provision of this section, the director may void the board's granting
of a waiver or variance issued under this section. The director shall notify
the board and the maternity home in writing of the director's action not later
than forty-five days after the decision to void the boards granting of the
waiver or variance.
Replaces: 3701-7-17
Notes
Promulgated Under: 119.03
Statutory Authority: 3711.12
Rule Amplifies: 3711.05, 3711.12
Prior Effective Dates: 07/15/1976, 04/30/2003, 08/01/2008, 01/01/2012
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