Or. Admin. Code § 411-348-0110 - Variances

(1) The Department may grant a variance to these rules based upon a program provider's demonstration that an alternative method or different approach provides equal or greater effectiveness and does not violate state or federal laws or adversely impact children's welfare, health, safety, or rights.

(2) A program provider must submit a variance request to the CDDP. The variance request must be on the applicable Department form and contain the following:

(a) The section of the rule from which the variance is sought;

(b) The reason for the proposed variance;

(c) The alternative practice, service, method, concept, or procedure proposed; and

(d) If the variance applies to the services for a child, evidence the variance is consistent with the child's currently authorized ISP.

(3) The request for a variance is approved or denied by the Department. The decision of the Department is sent to the program provider, the CDDP, and to all relevant Department programs or offices within 30 calendar days from the date of the variance request.

(4) A program provider may request an administrative review of the denial of a variance request. The Department must receive a written request for an administrative review within 10 business days from the date of the denial. The program provider must send a copy of the written request for an administrative review to the CDDP. The decision of the Director is the final response from the Department.

(5) The duration of the variance is determined by the Department.

(6) A program provider may implement a variance only after written approval from the Department.

(7) The Department may not issue a variance that results in non-compliance with the home and community-based setting requirements in OAR chapter 411, division 004, or that results in a condition having the effect of making the Host Home or child ineligible to receive Medicaid service funding.

Notes

Or. Admin. Code § 411-348-0110

APD 36-2019, adopt filed 10/29/2019, effective 11/1/2019

Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455

Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991