State Operations Manual (Pub. 100-07), Ch. 2 § 2034
Time Limit on Temporary Waiver
2034 - Time Limit on Temporary Waiver
(Rev. 1, 05-21-04)
A temporary waiver of the hospital 24-hour RN coverage requirement may not exceed a
12-month period and may not be renewed. A shorter period may be recommended. The
RO notifies the hospital of:
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The duration of the waiver;
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A list of deficiencies; and
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A statement indicating that the waiver may be removed prior to its stated
expiration date if the hospital fails to maintain its effort to correct its nursing
deficiencies.
Regardless of the approved duration of the waiver, it may be withdrawn at any time
patient health and safety are adversely affected. Therefore, the SA should plan frequent
revisits, make telephone contacts, and request nurse staffing duty rosters to monitor the
hospital’s progress and to determine that patient health and safety are not jeopardized.
The frequency of SA monitoring efforts depends on the hospital’s efforts to make
corrections, the number and types of patients served, functional arrangement and design of
the patient care facility, and the number and qualifications of the RNs and auxiliary
nursing personnel.
If the SA finds that continuation of the waiver is not appropriate, it documents the case for
termination of the provider agreement. Conversely, if it finds that the hospital has
corrected its nursing deficiency, it certifies the hospital without reference to the prior
waiver.