N.M. Admin. Code § 8.370.16.21

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.370.16.21 - WAIVERS AND VARIANCES

A. Definitions: As used in this section:

(1) waiver: means the grant of an exemption from a requirement of these regulations;

(2) variance: means the granting of an alternate requirement in place of a requirement of these regulations.

B. Requirements for waivers and variances: A waiver or variance may be granted if the authority finds that the waiver or variance will not adversely affect the health, safety, or welfare of any resident and that:

(1) strict enforcement of a requirement would result in unreasonable hardship on the facility or on a resident;

(2) an alternative to a rule, including new concepts, methods, procedures, techniques, equipment, personnel qualifications, or the conducting of pilot projects, is in the interest of better care or management.

C. Applications:

(1) All applications for waiver or variance from the requirements of these regulations shall be made in writing to the authority, specifying the following:

(a) the rule from which the waiver or variance is requested;

(b) the time period for which the waiver or variance is requested;

(c) if the request is for a variance, the specific alternative action which the facility proposes;

(d) the reasons for the request; and

(e) justification that the goal or purpose of the rule or regulations would be satisfied.

(2) Requests for a waiver or variance may be made at any time.

(3) The authority may require additional information from the facility prior to acting on the request.

D. Grants and denials:

(1) The authority at its discretion shall grant or deny each request for waiver or variance in writing. A notice of denials shall contain the reasons for denial.

(2) The terms of a requested variance may be modified upon agreement between the authority and a facility.

(3) The authority may impose such conditions on the granting of a waiver or variance which it deems necessary.

(4) The authority may limit the duration of any waiver or variance.

(5) The authority's action on a request for a waiver is not subject to administrative appeal.

E. Revocation: The authority may revoke a waiver or variance if:

(1) it is determined that the waiver or variance is adversely affecting the health, safety or welfare of the resident's; or

(2) the facility has failed to comply with the variance as granted; or

(3) the licensee notifies the authority in writing that it wishes to relinquish the waiver or variance and be subject to the rule previously waived or varied;

(4) required by a change in law.

N.M. Admin. Code § 8.370.16.21

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024