Ch. 2, § 15. Waivers

(a) A behavioral health service provider may be granted a waiver from the Department of any standard imposed under Sections 9 to 14 of this Chapter if the Administrator determines that requiring immediate compliance with a particular standard would create an undue hardship on a provider and that temporary noncompliance would not impair the quality of the services being provided. (b) A request for a waiver must be made in writing and may be made to the Administrator at any time the provider deems a standard represents an undue hardship. (c) Prior to or as a condition of granting a waiver, the Administrator may: (i) Set a time limit on the effective duration of the waiver; and (ii) Require the provider to submit a written plan to the Administrator setting forth proposed methods of achieving compliance with the standard within the time frame of the waiver. (d) The Administrator reserves absolute discretion in considering and granting a request for a waiver. (i) The Administrator shall communicate to the provider in writing the Administrator's decision on a waiver request and if denied, the grounds for denial. (ii) If the Administrator grants a waiver request, the requesting provider shall keep a copy of the Administrator's decision as part of the provider's records. (iii) If the Administrator denies a waiver request, the Administrator's denial is final and not subject to administrative review.