Ohio Admin. Code 3701-7-17 - [Rescinded] Waivers and variances
(A)
Upon written
request of a hospital maternity unit , newborn care nursery , or maternity home
the director may grant:
(1)
A 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)
A 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 and
safety of any patient or resident .
(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 hospital maternity unit , newborn care nursery , or maternity
home 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 and safety of
any patient or resident .
(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 a 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.
Replaces: 3701-7-06,3701-7-13
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
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.