Variance

1. Upon written application, and good cause shown to the satisfaction of the department, the department may grant a variance from the provisions of this chapter upon terms the department may prescribe, except no variance may permit or authorize a danger to the health or safety of residents and no variance may be granted except at the discretion of the department. 2. A facility may request excess maintenance cost variance specific to a resident need beyond the difficulty of care rate upon terms the department may prescribe. No variance may be granted except at the discretion of the department. 3. A refusal to grant a variance is not subject to a request for review or an appeal.