16 Del. Admin. Code § 3301-9.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 3301-9.0 - Waiver of Standards

9.1 Specific standards may be waived by the Division provided that each of the following conditions are met:

9.1.1 Strict enforcement of the standard would result in unreasonable hardship on the group home.

9.1.2 The waiver is in accordance with the particular needs of any resident of the group home.

9.1.3 A waiver must not adversely affect the health, safety, welfare, or rights of any resident of the group home.

9.1.4 The request for a waiver must be made to the Division in writing by the group home with substantial detail justifying the request.

9.1.5 Prior to filing a request for a waiver, the facility shall provide written notice of the request to each resident, each court-appointed guardian of any resident, each person appointed in the durable power of attorney of any resident, each person appointed to be any resident's health care agent under the Death with Dignity Act and each spouse and adult child of any resident. Prior to filing a request for a waiver, the facility shall also provide written notice of the request to the Office of Long Term Care Ombudsman. The notice shall state that the recipient has the right to object to the waiver request in writing to the Division.

9.1.6 A waiver granted by the Division is not transferable to another group home in the event of a change of ownership.

9.1.7 A waiver shall be granted for a period up to the term of the license.

5 DE Reg. 1079 (11/1/01)

PART II

APPENDIX A

Notifiable Diseases

Acquired Immune Deficiency Syndrome (S)

Anthrax (T)

Botulism (T)

Brucellosis

Campylobacteriosis

Chancroid (S)

Cholera

Cryptosporidiosis

Cyclosporidiosis

Diphtheria (T) E. Coli 0157:H7 infection (T)

Encephalitis

Ehrlichiosis

Foodborne Disease Outbreaks (T)

Giardiasis Gonococcal infections (S)

Granuloma Inguinale (S)

Hansen's Disease (Leprosy)

Hantavirus infection (T)

Hemolytic uremic syndrome (HUS)

Hepatitis A (T)

Hepatitis B (S)

Hepatitis C & unspecified

Herpes (congenital) (S)

Herpes (genital) (N)

Histoplasmosis

Human Immunodeficiency Virus (HIV) (N) Human papillomavirus (genital warts) (N)

Influenza (N)

Lead Poisoning

Legionnaires Disease

Leptospirosis Lyme Disease

Lymphogranuloma Venereum (S)

Malaria

Measles

Meningitis (all types other than meningoccal) Meningococcal infections (all types) (T)

Mumps (T)

Pelvic Inflammatory Disease (resulting from Chlamydia trachomatis infections (S) gonococcal and/or chlamydial infections) (S)

Pertussis (T)

Plague (T)

Poliomyelitis (T) Psittacosis

Rabies (man, animal) (T) Reye's Syndrome

Rocky Mountain Spotted Fever Rubella (T) Rubella (congenital)(T)

Salmonellosis

Shigellosis Smallpox (T) Streptococcal disease (invasive group A)

Streptococcal toxic shock syndrome

(STSS)

Syphilis (S) Syphilis (congenital) (T)

Tetanus Toxic Shock Syndrome

Trichinosis

Tuberculosis

Tularemia

Typhoid Fever (T)

Vaccine Adverse Reactions

Varicella

Waterborne Disease Outbreaks (T)

Yellow Fever (T

(T) report by rapid means

(N) report in number only when so requested

For all diseases not marked by (T) or (N):

(S) - sexually transmitted disease, report

required in 1 day

Others - report required in 2 days

5 DE Reg. 1079 (11/1/01)

APPENDIX B Drug Resistant Organisms Required to be Reported

Staphylococcus aureus intermediate or resistance to Vancomycin (MIC > 8 ug/ml)

Streptococcus pneumoniae drug resistant, invasive disease

16 Del. Admin. Code § 3301-9.0

5 DE Reg. 1079 (11/1/01)