Idaho Admin. Code r. 16.02.01.270

Current through September 2, 2024

Section 16.02.01.270 - WAIVERS

01.Granting a Waiver. The TSE Council may grant a waiver from one (1) or more designation criteria for a center applying for TSE designation.

02.Waiver Application. A center requesting a waiver must submit a completed TSE Waiver Application Form. The TSE Council may require the applicant to provide additional information, and the application will not be considered complete until all required information is provided.

03.Post Notice. A center requesting a waiver must post a notice of the waiver application at all public entrances to the center and in at least one (1) area that is commonly used by the patients. The notice must:

a. Include a meaningful description of the reason for the waiver;

b. Be posted on the date the waiver application is submitted;

c. Remain posted for a minimum of thirty (30) calendar days; and

d. Describe where and to whom comments may be submitted during the thirty (30) calendar days.

04.Notice Distribution. When the notice is posted, the center must distribute copies of the notice to prehospital emergency medical service agencies active in the community served by the center.

05.Waiver Application Submission. To be placed on the agenda, the completed waiver application must be submitted to the TSE Council at least thirty (30) calendar days before a TSE Council meeting. Applications submitted less than thirty (30) calendar days in advance of a TSE Council meeting will be placed on the next agenda.

06.Waiver Application Distribution. The TSE Council will make available the public notice of the TSE Council meeting regarding the waiver application to all TSE-designated centers.

07.Waiver Application Review. The regional TSE committee must review the request and make recommendations to the TSE Council. The TSE Council must decide and notify the facility administrator in writing within thirty (30) calendar days of the TSE Council meeting during which the waiver decision is made.

08.Waiver Conditions. When a waiver is granted, the TSE Council must:

a. Specify the terms and conditions of the waiver;

b. Specify the duration of the waiver; duration will not exceed the designation period for that center or three (3) years, whichever is shorter; and

c. Require the submission of progress reports from the center that was granted a waiver.

09.Waiver Renewal. A center that plans to maintain a waiver beyond its expiration must submit a new waiver application to the TSE Council no less than three (3) months prior to the expiration of the waiver.

10.Waiver Revocation. The TSE Council may revoke or suspend a waiver when it determines:

a. That continuation of the waiver jeopardizes the health, safety, or welfare of the patients;

b. The applicant has provided false or misleading information in the waiver application;

c. The applicant has failed to comply with conditions of the waiver; or

d. That a change in federal or state law prohibits continuation of the waiver.

11.Notification and Appeal. When the TSE Council denies, revokes, or suspends a waiver, the TSE Council must provide the center with a written notification of the action and the basis for the action. The notice will inform the facility of the right to appeal and the appeal procedure under IDAPA 16.05.03, "Contested Case Proceedings and Declaratory Rulings." Notification will be made in writing within thirty (30) calendar days of the TSE Council meeting during which the appeal decision is made.

Idaho Admin. Code r. 16.02.01.270

Effective March 28, 2023