Section 131.16. Waivers and variances.

 

(1)   Definitions. In this section:

(a) "Variance" means the granting of an alternate requirement in place of a requirement of this chapter.

(b) "Waiver" means the granting of an exemption from a requirement of this chapter.

(2)   Requirements for waivers and variances. A waiver or variance may be granted 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 hospice or on a patient.

(b) An alternative to a requirement, including a new concept, method, procedure or technique, other equipment, other personnel qualifications, or the conducting of a pilot project, is in the interests of better care or management.

(3)   Procedures.

(a) Application.

1. An application for a waiver of or variance from a requirement of this chapter shall be made in writing to the department, specifying all of 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.

e. Justification that a requirement under sub. (2) would be satisfied.

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

3. The department may require additional information from the hospice 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. A notice of denial shall contain the reasons for denial. If a notice of denial is not issued within 60 days after the receipt of a complete request, the waiver or variance shall be automatically approved.

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

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

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

(c) Hearings.

1. Denial of a requested waiver or variance may be contested by requesting a hearing as provided by ch. 227 , Stats.

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

(d) Revocation. The department may revoke a waiver or variance for any of the following reasons:

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

2. The hospice has failed to comply with the waiver or variance as granted.

3. The licensee notifies the department in writing of the desire to relinquish the waiver or variance and be subject to the requirement for which the waiver or variance was previously granted.

4. Revocation is required by a change in law.

History: CR 10-034 : cr. Register September 2010 No. 657 , eff. 10-1-10.