Section DHS 36.065 - Waivers and variances(1) DEFINITIONS. As used in this section: (a) "Waiver" means the grant of an exemption from a non-statutory requirement of this chapter.(b) "Variance" means the granting of an alternate requirement in place of a non-statutory requirement of this chapter.(2) WAIVERS OR VARIANCES.(a) An application for a waiver or a variance may be made at any time. Each request shall be made in writing to the department and shall include all of the following: 1. Identification of the rule provision from which the waiver or variance is requested.2. The time period for which the waiver or variance is requested.3. If the request is for a variance, the specific alternative action that the CCS proposes.4. The reasons for the request.5. Supporting justification.6. Any other information requested by the department. Note: An application for a waiver or variance should be addressed to the Behavioral Health Certification Section, Division of Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969.
(b) A waiver or variance may be granted if the department finds that the waiver or variance will not adversely affect the health, safety, or welfare of any consumer and any one of the following applies: 1. Strict enforcement of a requirement would result in unreasonable hardship on the CCS or on a consumer.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) A determination on a request for a waiver or variance shall be made to the CCS in writing. If the decision is to deny the waiver or variance, the reason for the denial shall be included in the notice. (d) The terms of a variance may be modified upon agreement between the department and the CCS. The department may impose any condition on a waiver or variance which the department deems necessary.(e) The department may limit the duration of any waiver or variance.(f) The department may revoke a waiver or variance if any one of the following occurs: 1. The waiver or variance adversely affects the health, safety or welfare of a consumer.2. The CCS has failed to comply with the variance as granted.3. The CCS notifies the department that it wishes to relinquish the waiver or variance.4. There is a change in applicable law.5. For any other reason necessary to protect the health, safety, and welfare of a consumer.Wis. Admin. Code Department of Health Services DHS 36.065
CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04.