N.J. Admin. Code § 10:37G-2.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:37G-2.9 - Waiver

(a) The Division may grant a time-limited waiver of staff requirements described in this section, provided that the following conditions are satisfied:

1. The provider agency shall submit a written request for a waiver of staffing requirements to the Assistant Commissioner for Mental Health and Addiction Services , or his or her designee , at the following address:

Assistant Commissioner

Division of Mental Health and Addiction Services

5 Commerce Way, Suite 100, PO Box 362

Trenton, New Jersey 08625;

2. The waiver request shall include all documentation justifying issuance of a waiver, including, but not limited to, the type or degree of hardship that would result to the program if a waiver were not granted, and clear clinical or programmatic justification for such a waiver;

3. The Assistant Commissioner for Mental Health and Addiction Services reserves the right to request additional information before processing a waiver request;

4. Waivers of specific staffing standards shall be granted at the discretion of the Assistant Commissioner for Mental Health and Addiction Services provided that the waiver does not adversely affect the health, safety, welfare, or rights of patients;

5. All waiver requests must be reviewed and approved by the Assistant Commissioner for Mental Health and Addiction Services;

6. Each grant of a waiver may be for a maximum time period of one year or for a period of time specified at the discretion of the Assistant Commissioner for Mental Health and Addiction Services, subject to renewal upon request; and

7. The Division shall communicate in writing to the provider agency indicating which requirements have been waived, the expiration date of the waiver and any conditions or limitations that have been placed on the waiver.

N.J. Admin. Code § 10:37G-2.9

Amended by47 N.J.R. 1323(a), Effective 6/15/2015

Amended by 54 N.J.R. 907(b), effective 5/16/2022