N.J. Admin. Code § 8:39-2.6

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

Section 8:39-2.6 - Waiver

(a) The Commissioner or his or her designee may, in accordance with the general purposes and intent of the Health Care Facilities Planning Act, P.L. 1971, c.136 and c.138, 26:2H-1 et seq., and amendments thereto, and the standards in this chapter, waive sections of this chapter if, in his or her opinion, such waiver would not endanger the life, safety, or health of the facility's residents or the public.

(b) A facility seeking a waiver of the standards in this chapter shall apply, in writing, to the Director of the Division of Certificate of Need and Licensing of the Department.

(c) A written application for waiver shall include at least the following:

1. The nature of the waiver requested;

2. The specific standards for which a waiver is requested;

3. Reasons for requesting a waiver, including a statement of the type and degree of hardship that would result to the facility or any individual upon full compliance;

4. An alternative proposal which would ensure resident safety; and

5. Documentation to support the application for waiver.

(d) The Department reserves the right to request additional information before processing an application for waiver.

(e) The Department shall issue to the facility written confirmation of either a grant or denial of any waiver request.

N.J. Admin. Code § 8:39-2.6

Amended by 53 N.J.R. 2199(a), effective 12/20/2021