Special Projects and Waivers

(A) A Program may submit a proposal for a special project for innovative delivery of Services related to the Program. However, no such proposal shall be implemented without prior written approval of the Department. Such proposals shall be approved only on an experimental basis and subject to renewal of approval by the Department at such time periods as the Department shall determine. (B) The Commissioner or his or her designee may, to the extent allowable by state or federal law, waive the applicability to a particular Program of one or more of the requirements imposed by 105 CMR 158.000 upon finding that: (1) The Program's non-compliance does not jeopardize the health or safety of its participants and does not limit the Program's capacity to provide adequate care; (2) The Program has instituted compensating features or has undertaken a special project under 105 CMR 158.029(A) acceptable to the Department; (3) Compliance would cause undue hardship to the Program; and (4) The Program provides to the Commissioner or his or her designee written documentation supporting its request for a waiver.