D.C. Mun. Regs. r. 22-A3812

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 22-A3812 - APPROVAL OF VARIANCES

3812.1

The Director may grant a variance from any of the requirements of this chapter, if the Applicant or Licensee can show undue hardship and the variance:

(a) Is consistent with the provisions of the Licensure Act;

(b) Will not endanger the health or safety of residents or the public; and

(c) Would not permit a violation of other laws of the District.

3812.2

An Operator seeking a variance pursuant to § 3812.1 shall submit a written request to the Director including the following:

(a) The regulatory requirement(s) from which a variance is being requested;

(b) Specific reasons why the MHCRF cannot meet the requirement(s); and

(c) Any alternative measures provided to ensure quality care and services consistent with this chapter.

3812.3

The Director may also grant a variance, in writing, to protect the health and safety of residents when an emergency caused by a natural disaster, extreme heat or cold, an extended power outage, or similar situation requires the temporary relocation of residents to another location, the need to temporarily exceed licensed occupancy limits, or other action.

3812.4

An Operator seeking a variance pursuant to § 3812.3 shall submit a written request to the Director, with a copy to the District of Columbia Long-Term Care Ombudsman, stating:

(a) Why the variance is needed and the anticipated length of time for the variance; and

(b) The action that the Operator proposes to take to address the issue, including:

(1) The number of residents to be transferred;

(2) The address of any temporary transfer location, the identity of its owner, the location's number of bedrooms, its bathroom and kitchen facilities, the total number of its residents after the transfer, and the accommodations to be made for the transferred residents; and

(3) The continuity of care plan for each resident to ensure they continue to receive services without interruption.

3812.5

The Department shall grant a variance only to the extent necessary to ameliorate an undue hardship or emergency and only when compensating factors are present that give adequate protection to residents and the public health and safety consistent with applicable law.

3812.6

If the Director determines that the conditions in § 3812.1 or § 3812.3 are not met, the Director shall issue a written denial to the Operator stating the basis for denial. The decision of the Director shall be final.

3812.7

The Department shall maintain a record of all variances granted. The record shall contain a complete written explanation of the basis for each variance and shall be open to inspection by the public.

D.C. Mun. Regs. r. 22-A3812

Final Rulemaking published at 64 DCR 1633 (2/16/2018)