Compliance with Requirements

(A) Unless otherwise provided, all hospice programs licensed pursuant to this chapter shall meet the requirements set forth in 105 CMR 141.000. Programs operated by a hospital licensed pursuant to M.G.L. c. 111, § 51 shall meet the requirements of 105 CMR 141.100 and 141.200 through 141.212. (B) The Department may waive the applicability to a particular hospice program of one or more of the requirements imposed on hospice programs by 105 CMR 141.000 if: (1) the Department finds that: (a) compliance would cause undue hardship to the hospice program; (b) the hospice program is in substantial compliance with the requirement; and (c) the hospice program's non-compliance does not jeopardize the health or safety of its patients and does not limit the hospice program's capacity to give adequate care; and (2) the hospice program provides to the Department written documentation supporting its request for a waiver.