Waiver

(A) The Commissioner or his or her designee may waive the applicability of one or more of the requirements imposed on the facility by 105 CMR 127.000 upon the finding that: (1) compliance would cause undue hardship to the facility; (2) the facility is in substantial compliance with the spirit of the requirement; and (3) the facility's non-compliance does not jeopardize the health or safety of its patients and does not limit the facility's capacity to provide the service. (B) The facility shall provide the Commissioner or his or her designee written documentation supporting its request for a waiver.