Section 40.05. Waivers.

 

(1)   Policy. The department may grant a waiver of any requirement of this chapter on request when the department determines that granting the waiver would not diminish the effectiveness of the mental health day services program, violate the purposes of the program or adversely affect client health, safety or welfare, and it is determined that:

(a) Strict enforcement of the requirement would result in unreasonable hardship to the provider or to the client; or

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

(2)   Waiver. A program may submit a request to the department for a waiver of any requirement in this chapter, except a requirement related to admission criteria under s. DHS 40.08 or client rights under ch. DHS 94 .

(3)   Application. An application for a waiver shall be made in writing to the department and shall specify:

(a) The requirement from which the waiver is requested;

(b) The time period for which the waiver is requested;

(c) Any alternative action which the program proposes;

(d) The reason for the request; and

(e) Assurance that the requested waiver would meet the requirements of sub. (1) .

(4)   Grant or denial.

(a) The department may require additional information from the program before acting on the program's request for a waiver.

(b) The department shall grant or deny each request for waiver in writing. Notice of denial shall contain the reasons for denial. If a notice of a denial is not issued within 60 days after the department receives a completed request, the requested waiver shall take effect.

(c) The department may impose any conditions on the granting of a waiver which it deems necessary.

(d) The department may limit the duration of a waiver.

(e) The department's decision to grant or deny a waiver shall be final.

History: Cr. Register, August, 1996, No. 488 , eff. 9-1-96; correction in (2) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .