Section 16. Waivers And Variances

A. Applications: All applications for the grant of a waiver or variance shall be made in writing to the licensing authority, specifying the following: (1) the rule, regulation, or code from which the waiver or variance is requested; (2) the time period for which the waiver or variance is requested; (3) if the request is for a variance, the specific alternative action which the facility proposes; (4) the reasons for request; and (5) an explanation of why the health, safety, and welfare of the residents or staff are not endangered by the condition. B. Requests for a waiver or variance may be made at any time. C. The licensing authority may require additional information from the hospital prior to acting on the request. (1) Grants and denials. The licensing authority shall grant or deny each request for waiver or variance in writing. (a) Notice of a denial shall contain the reasons for denial. (b) The decisions to grant, modify, or deny a request for a waiver or variance is subject to appeal one time only. (2) The terms of a requested waiver or variance may be modified upon agreement between the licensing authority and the hospital. D. The licensing authority may impose whatever conditions on the granting of a waiver or variance it considers necessary. E. The licensing authority may limit the duration of any waiver. [8.370.13.16 NMAC – N, 7/1/2024] 8.370.13.17 Compliance with existing requirements: An REH shall comply with the following: A. 42 CFR Part 485, Subpart E (relating to conditions of participation: Rural Emergency Hospitals (REHs)); B. In addition to the conditions of participation at 42 CFR Part 485, Subpart E, the hospital shall comply with 8.370.12 NMAC to the extent it does not conflict with the conditions of participation.