Iowa Admin. Code r. 641-144.7

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 641-144.7 - Temporary waivers

(1) If during a period of authorization there is some occurrence that temporarily causes a service program to be in noncompliance with these rules, the department may grant a temporary waiver. Temporary waivers from these rules (not to exceed six months in length per any approved request) may be granted by the department to a currently authorized service program. Requests for temporary waivers shall apply only to the service program requesting the temporary waiver and shall apply only to those requirements and standards for which the department is responsible.

(2) To request a waiver, the service program shall:

a. Notify the department verbally (as soon as possible) of the need to request a temporary waiver. Submit to the department, within ten days after having given verbal notification to the department, a written explanation for the temporary waiver request. The address and telephone number are Iowa Department of Public Health, Bureau of Emergency Medical Services, Lucas State Office Building, Des Moines, Iowa 50319-0075; (515)725-0326.

b. Cite the rule from which the temporary waiver is requested.

c. State why compliance with the rule cannot be maintained.

d. Explain the alternative arrangements that have been or will be made regarding the temporary waiver request.

e. Estimate the period of time for which the temporary waiver will be needed.

(3) Upon notification of a request for a temporary waiver, the department shall consider, but shall not be limited to the following:

a. Examining the rule from which the temporary waiver is requested to determine if the request is appropriate and reasonable.

b. Evaluating the alternative arrangements that have been or will be made regarding the temporary waiver request.

c. Examining the effect of the requested temporary waiver upon the level of care provided to the general populace served.

d. Requesting additional information if necessary.

(4) Preliminary approval or denial shall be provided verbally within 24 hours. Final approval or denial shall be issued in writing within ten days after department receipt of the written explanation for the temporary waiver request and shall include the reason for approval or denial. If approval is granted, the effective date and the duration of the temporary waiver shall be clearly stated.

(5) Any request for appeal concerning the denial of a request for temporary waiver shall be in accordance with the procedures outlined in rule 641-144.6 (147A).

Iowa Admin. Code r. 641-144.7

ARC 8662B, lAB 4/7/10, effective 5/12/10

Amended by IAB March 24, 2021/Volume XLIII, Number 20, effective 4/28/2021