N.J. Admin. Code § 10:37A-12.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:37A-12.8 - Waiver of standards

(a) Requests for waivers of standards contained in this section shall be made to the Department, in writing, at the address identified at 10:37A-12.1(a), with supporting information justifying the request.

(b) Waivers of specific program rules shall be considered, at the discretion of the Department in consultation with the Assistant Commissioner, or designee, of the Division, provided that one or more of the following conditions have been met:

1. Where strict enforcement of the rule would result in unreasonable hardship on the consumer resident;

2. The waiver addresses a particular need of a consumer resident(s) but does not adversely affect the health, safety, welfare, or rights of the consumer resident; or

3. There is a clear clinical or programmatic justification for such a waiver that will enhance a PA's effectiveness or efficiency without an adverse effect on any consumer's health, safety, welfare, or rights; and

4. There is a clearly demonstrated need for the type of program services to support the continuum of community-based services.

N.J. Admin. Code § 10:37A-12.8

Amended and recodified from 10:37A-2.9 by 48 N.J.R. 1636(a), effective 8/15/2016