Minnesota Administrative Rules

4668.0016 WAIVERS AND VARIANCES.

Subpart 1.

Definitions.

For purposes of this part:

A.

"waiver" means an exemption from compliance with a requirement of this chapter; and

B.

"variance" means a specified alternative to a requirement of this chapter.

Subp. 2.

Criteria for waiver or variance.

Upon application of a licensee, the commissioner shall waive or vary any provision of this chapter, except for those provisions relating to criminal disqualification, part 4668.0020, and to the home care bill of rights, part 4668.0030, if the commissioner finds that:

A.

the waiver or variance is necessary because of the unavailability of services or resources in the provider's geographic area; or

B.

enforcement of a requirement would result in unreasonable hardship on the licensee; and

C.

the waiver or variance will not adversely affect the health, safety, or welfare of any client.

Subp. 3.

Experimental variance.

A variance may be granted to allow a provider to offer home care services of a type or in a manner that is innovative, will not impair the services provided, will not adversely affect the health, safety, or welfare of the clients, and is likely to improve the services provided.

Subp. 4.

Conditions.

The commissioner may impose conditions on the granting of a waiver or variance that the commissioner considers necessary.

Subp. 5.

Duration and renewal.

The commissioner may limit the duration of any waiver or variance, and may renew a limited waiver or variance.

Subp. 6.

Applications.

An application for waiver or variance from the requirements of this chapter may be made at any time, must be made in writing to the commissioner, and must specify 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 that the licensee proposes;

D.

the reasons for the request; and

E.

justification that subpart 2 or 3 will be satisfied.

The commissioner may require additional information from the licensee before acting on the request.

Subp. 7.

Grants and denials.

The commissioner shall grant or deny each request for waiver or variance in writing. Notice of a denial shall contain the reasons for the denial. The terms of a requested variance may be modified upon agreement between the commissioner and a licensee.

Subp. 8.

Violation of variances.

A failure to comply with the terms of a variance shall be deemed to be a violation of this chapter.

Subp. 9.

Revocation or denial of renewal.

The commissioner shall revoke or deny renewal of a waiver or variance if:

A.

it is determined that the waiver or variance is adversely affecting the health, safety, or welfare of the licensee's clients;

B.

the licensee has failed to comply with the terms of the variance;

C.

the licensee notifies the commissioner in writing that it wishes to relinquish the waiver or variance and be subject to the rule previously waived or varied; or

D.

the revocation or denial is required by a change in law.

Subp. 10.

Hearings.

A denial of a waiver or variance may be contested by requesting a hearing as provided by part 4668.0017. The licensee bears the burden of proving that the denial of a waiver or variance was in error.

Statutory Authority:

MS s 144A.45; 144A.46; 144A.47; 144A.48

History:

17 SR 2454

Published Electronically:

July 3, 2013