OAR 411-328-0620. Variances for Supported Living

(1) The Department may grant a variance to these rules based upon a provider’s demonstration that an alternative method or different approach provides equal or greater effectiveness and does not adversely impact the welfare, health, safety, or rights of individuals or violate state or federal laws. (2) A provider must submit a variance request to the case management entity. The variance request must be on the applicable Department form and contain all of the following information: (a) The section of the rule from which the variance is sought. (b) The reason for the proposed variance. (c) The alternative practice, service, method, concept, or procedure proposed. (d) If the variance applies to the services of an individual, evidence that the variance is consistent with the individual’s currently authorized ISP. (3) The case management entity shall forward the signed variance request form to the Department within 30 calendar days from the receipt of the request indicating their position on the proposed variance. (4) The request for a variance is approved or denied by the Department. The Department’s decision is sent to the provider, the case management entity, and to all relevant Department programs or offices, within 30 calendar days from the receipt of the variance request. (5) A provider may request an administrative review of the denial of a variance request. (a) The Department must receive a written request for an administrative review within 10 business days from the receipt of the denial. (b) The provider must send a copy of the written request for an administrative review to the case management entity. (c) The decision of the Director is the final response from the Department. (6) The duration of the variance is determined by the Department. (7) A provider may implement a variance only after approval from the Department.