Waivers

(A) The Department may, in its discretion, waive the applicability of one or more of the requirements of 105 CMR 164.100 through 164.500 as requested by a Licensed or Approved Provider, upon a written finding that: (1) compliance would cause undue hardship to the provider, as documented by the Licensed or Approved Provider in a manner defined by the Department; the provider is in substantial compliance with the spirit of the requirement and has instituted compensating features that are acceptable to the Department; (3) the provider's non-compliance does not jeopardize the health, safety, or well-being of its patients and does not limit the provider's capacity to provide the service; and (4) the provider provides to the Department written documentation supporting its request for a waiver. (B) The Department may, in its discretion, rescind or impose a time limit on any waiver it grants.