77 Ill. Adm. Code 225.900
Waivers
Section 225
Section 225.900Â Waivers
a)Â Â Â Â Â Â Â Â The Department may grant a waiver from this Part at the time
of the on-site review if the licensee or applicant can demonstrate that an
alternative is available to ensure the residents' health, safety, and welfare.
b)Â Â Â Â Â Â Â Â An applicant or licensee shall submit a written request for a
waiver on a Department-provided form that includes:
1)Â Â Â Â Â Â Â Â The applicant's or licensee's name;
2)Â Â Â Â Â Â Â Â The name, address, and license number, if applicable, of the
facility;
3)Â Â Â Â Â Â Â Â The specific Section of this Part for which the applicant is
requesting a waiver;
4)Â Â Â Â Â Â Â Â The reason or reasons why an applicant is not able to comply
with the requirement; and
5)Â Â Â Â Â Â Â Â An alternative that ensures that the health, safety, and
welfare of residents are protected.
c)Â Â Â Â Â Â Â Â The Department shall evaluate a request for a waiver as
follows:
1)Â Â Â Â Â Â Â Â Review the written request;
2)Â Â Â Â Â Â Â Â Verify the submitted documentation;
3)Â Â Â Â Â Â Â Â If the requested waiver involves a physical plant requirement,
inspect the establishment; and
4)Â Â Â Â Â Â Â Â If applicable, discuss the waiver with the facility's provost
or provost's designee, residents or representatives, or any individual the
Department determines is necessary to evaluate the request.
d)Â Â Â Â Â Â Â Â If the Department issues a waiver, the Department shall
provide a written notice to the applicant or licensee within 90 days after
receipt of the request for a waiver.
e)Â Â Â Â Â Â Â Â The Department shall issue a notice of denial within 90 days
if the Department determines that the proposed alternative does not ensure that
the health, safety and welfare of the residents are protected.
f)Â Â Â Â Â Â Â Â The Department shall withdraw a waiver if:
1)Â Â Â Â Â Â Â Â A licensee does not comply with the conditions of the waiver
as approved by the Department;
2)Â Â Â Â Â Â Â Â The Department determines that the health, safety, or welfare
of residents is not protected by the waiver;
3)Â Â Â Â Â Â Â Â The condition of the physical plant has deteriorated or its
use substantially changed so that the basis upon which the waiver was issued is
materially different; or
4)Â Â Â Â Â Â Â Â The establishment is renovated or remodeled in such a way as
to permit compliance.
g)Â Â Â Â Â Â Â Â The Department may limit the time period that a waiver is in
effect.