Ohio Admin. Code 3701-84-14 - Variances; waivers
(A)
In accordance with paragraph (B) of this rule, the director may grant a
variance or waiver from any requirement established by Chapter 3701-84 of the
Administrative Code.
(B) Upon
written request of the provider of a HCS,
the director shall
will grant or deny a variance or waiver by written
response within forty-five days of receipt of the request and all information
determined necessary by the director to make a decision. In granting a variance
or waiver, the director shall
will stipulate a time period for which the
variance or waiver is to be effective and establish conditions that the HCS
must meet for the variance or waiver to be operative. The director may grant:
(1) A variance if the director determines
that the requirement has been met in an alternative manner; or
(2) A waiver if the director determines that
the strict application of the requirement would cause an undue hardship to the
HCS and that granting the waiver would not jeopardize the health and safety of
any patient.
(C) The
granting of a variance or waiver is a discretionary act by the director based
upon documentation:
(1) In the case of a
variance request, as to how the HCS is meeting the intent of the requirement in
an alternative manner; and
(2) In
the case of a waiver request, as to how the requirement is an undue hardship to
the HCS and why the waiver will not jeopardize the health and 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 and
waiver requests shall
will be considered on a case-by-case
basis.
(E)
The provider of a
A HCS whose request for a waiver or variance under
this rule is denied may request a reconsideration of the decision by the
director.
(1) A request for reconsideration
must be received in writing by the director within thirty days of receipt of
the director's denial of a waiver or variance request and include information
that:
(a) Presents significant, relevant
information that was not previously submitted to the director by
the provider of the HCS, because it was not
available to the provider of the HCS at the
time the waiver or variance request was filed; or
(b) Demonstrates that there have been
significant changes in factors or circumstances relied upon by the director in
reaching the initial decision.
(2) A decision on an appropriately filed
request for reconsideration shall
will 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.
(3) The reconsideration process is an
informal procedure not subject to Chapter 119. of the Revised Code. The
director's decision on reconsideration is final.
(F) Each new provider of a HCS shall provide the service in
compliance with all provisions of Chapter 3701-84 of the Administrative Code,
unless a waiver or variance is granted for all provisions not met.
Notes
Promulgated Under: 119.03
Statutory Authority: 3702.11, 3702.13
Rule Amplifies: 3702.11, 3702.12, 3702.13, 3702.14, 3702.141, 3702.15, 3702.16, 3702.18, 3702.19, 3702.20
Prior Effective Dates: 03/01/1997, 03/24/2003, 06/21/2012, 08/01/2017
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