Section 510.129 - Waiver Requests(a) Request for a waiver. A facility may submit a written request to the Texas Health and Human Services Commission (HHSC) for a waiver or modification of a particular provision of § 510.122 or § 510.123 of this subchapter (relating to New Construction Requirements and Spatial Requirements for New Construction). Waivers will not be granted for fire safety requirements required by the National Fire Protection Association (NFPA). The written request shall specify the specific provision for which a waiver is requested.(b) Consideration. In considering the waiver or modification request, HHSC shall consider whether the waiver or modification:(1) will adversely affect the health and safety of the facility patients, employees, or the general public;(2) will adversely impact the hospital's participation in the federal Medicare program or accreditation by the Joint Commission or the American Osteopathic Association;(3) if not granted, would impose an unreasonable hardship on the facility in providing adequate care for patients;(4) will facilitate the creation or operation of the facility; and(5) is appropriate when balanced against the best interests of the individuals served or to be served by the facility.(c) Supporting documentation. HHSC may request written documentation from the facility to support the waiver or modification, including: (1) a statement addressing each of the criteria in subsection (b) of this section;(2) evidence of approval by the local building and fire authorities;(3) evidence of provisions in Texas Health and Safety Code Chapter 577 or this chapter which will mitigate any adverse effect of the waiver or modification; and(4) evidence of any mitigating act in excess of the Act or this chapter which will be used by the hospital to offset any adverse effect of the waiver or modification.(d) Written recommendation. HHSC shall submit a written recommendation for granting or denying the waiver to the executive commissioner. The recommendation shall address each of the criteria in subsection (b) of this section.(e) Granting order. If HHSC recommends that the waiver or modification be granted, the executive commissioner may issue a written order granting the waiver or modification.(f) Denial of order. If HHSC recommends that the waiver or modification be denied, the executive commissioner may issue a written order denying the waiver or modification.(g) File documentation. The licensing file for the facility maintained by HHSC shall contain a copy of the request, the documents requested in subsection (c) of this section (if applicable), HHSC's written recommendation, and the order.26 Tex. Admin. Code § 510.129
The provisions of this §510.129 adopted to be effective January 1, 2004, 28 TexReg 5154; Chapter Transferred from Title 25, Part 1, Chapter 134 by Texas Register, Volume 44, Number 20, May 17, 2019, TexReg 2469, eff. 6/1/2019; Amended by Texas Register, Volume 49, Number 46, November 15, 2024, TexReg 9288, eff. 11/21/2024