N.J. Admin. Code § 8:33C-4.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:33C-4.4 - Waiver

(a) The Commissioner or his or her designee, in accordance with the general purposes and intent of 26:2H-1 et seq., and the rules in this chapter, may waive sections of these rules pertaining to licensure requirements if, in his or her opinion, such waiver would not endanger the life, safety, or health of patient(s) or the public and failure to grant such waiver would result in undue hardship to the applicant.

(b) A MCHC seeking a waiver of the licensure rules shall apply in writing to the Director of the Certificate of Need and Acute Care Licensure Program of the Department.

(c) A written request for waiver shall include all of the following:

1. The specific rule(s) or part(s) of the rule(s) for which waiver is requested;

2. Reasons for requesting a waiver, including a statement of the type and degree of hardship that would result to the MCHC if a waiver is not approved;

3. An alternative proposal which would ensure patient health, safety and welfare; and

4. Documentation to support the request for waiver and the reasons submitted therefor.

(d) The Department, in its discretion, may request additional information before processing a request for waiver, as needed. Failure to supply the requested information may result in denial of the application for waiver.

N.J. Admin. Code § 8:33C-4.4