Section 124.04. Waivers and variances.

 

(1)   Definitions. In this section:

(a) "Variance" means an alternative requirement in place of a requirement of this chapter.

(b) "Waiver" means an exception from a requirement of this chapter.

(2)   Requirements for waivers and variances. A hospital may ask the department to grant a waiver or variance. The department may grant the waiver or variance if the department finds that the waiver or variance will not adversely affect the health, safety or welfare of any patient and that:

(a) Strict enforcement of a requirement would result in unreasonable hardship on the hospital or on a patient; or

(b) An alternative to a rule, which may involve a new concept, method, procedure or technique, new equipment, new personnel qualifications or the conduct of a pilot project, is in the interests of better care or management.

(3)   Procedures.

(a) Applications.

1. All applications for the grant of a waiver or variance shall be made in writing to the department, specifying the following:

a. The rule from which the waiver or variance is requested;

b. The time period for which the waiver or variance is requested;

c. If the request is for a variance, the specific alternative action which the facility proposes;

d. The reasons for the request; and

e. Justification that sub. (2) would be satisfied.

2. Requests for a waiver or variance may be made at any time.

3. The department may require additional information from the hospital prior to acting on the request.

(b) Grants and denials.

1. The department shall grant or deny each request for waiver or variance in writing. Notice of a denial shall contain the reasons for denial.

2. The terms of a requested variance may be modified upon agreement between the department and the hospital.

3. The department may impose whatever conditions on the granting of a waiver or variance it considers necessary.

4. The department may limit the duration of any waiver or variance.

(c) Hearings.

1. A hospital may contest the department's action on the hospital's application for a waiver or variance by requesting a hearing as provided by ch. 227 , Stats.

2. The hospital shall sustain the burden of proving that the denial of a waiver or variance is unreasonable.

(d) Revocation. The department may revoke a waiver or variance, subject to the hearing requirement in par. (c) , if:

1. The department determines that the waiver or variance is adversely affecting the health, safety or welfare of the patients;

2. The hospital has failed to comply with the variance as granted or with a condition of the waiver or variance;

3. The person who has received the certificate of approval notifies the department in writing that the hospital wishes to relinquish the waiver or variance and be subject to the rule previously waived or varied; or

4. The revocation is required by a change in state law.

Cr. Register, January, 1988, No. 385 , eff. 2-1-88.