La. Admin. Code tit. 48 § I-7206

Current through Register Vol. 50, No. 4, April 20, 2024

Section I-7206 - Waivers

A. The secretary of the department may, within his/her sole discretion, grant waivers to building and construction guidelines or requirements, and to provisions of the licensing rules involving the clinical operation of the forensic supervised transitional residential and aftercare (FSTRA) facility. The FSTRA facility shall submit a waiver request in writing to the licensing section of the department on forms prescribed by the department.

B. In the waiver request, the FSTRA facility shall demonstrate the following:

1. how resident health, safety, and welfare will not be compromised if such waiver is granted;

2. how the quality of care offered will not be compromised if such waiver is granted; and

3. the ability of the FSTRA facility to completely fulfill all other requirements of the service, condition, or regulation.

C. The licensing section of the department shall have each waiver request reviewed by an internal waiver review committee. In conducting such internal waiver review, the following shall apply:

1. the waiver review committee may consult subject matter experts as necessary, including the Office of State Fire Marshal; and

2. the waiver review committee may require the FSTRA facility to submit risk assessments or other documentation to the department.

D. The director of the licensing section of the department shall submit the waiver review committee's recommendation on each waiver to the secretary, or the secretary's designee, for final determination.

E. The department shall issue a written decision of the waiver request to the FSTRA facility. The granting of any waiver may be for a specific length of time.

F. The written decision of the waiver request is final. There is no right to an appeal of the decision of the waiver request.

G. If any waiver is granted, it is not transferrable in an ownership change or change of location.

H. Waivers are subject to review and revocation upon any change of circumstance related to the waiver or upon a finding that the health, safety, or welfare of a resident may be compromised.

I. Any waivers granted by the department prior to January 15, 2024, shall remain in place, subject to any time limitations on such waivers; further, such waivers shall be subject to the following:

1. review or revocation upon any change in circumstance related to the waiver or upon a finding that the health, safety, or welfare of a resident may be compromised; and

2. such waivers are not transferrable in any ownership change or change of location.

La. Admin. Code tit. 48, § I-7206

Promulgated by the Department of Health, Health Standards Section, LR 50525 (4/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 28:31-28:37.