N.J. Admin. Code § 8:43A-2.9

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:43A-2.9 - Waiver

(a) The Commissioner or his or her designee may, in accordance with the general purposes and intent of N.J.S.A. 26:2H-1 et seq. and the rules in this chapter, waive sections of these rules if, in his or her opinion, such waiver would not endanger the life, safety, or health of patients or the public.

(b) A facility seeking a waiver of these rules shall apply in writing to the Director of the Certificate of Need and Healthcare Facility Licensure Program.

(c) A written request for waiver shall include 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 facility upon compliance;

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

4. Documentation to support the request for waiver.

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

N.J. Admin. Code § 8:43A-2.9

Amended by R.2008 d.24, effective 1/22/2008.
See: 39 N.J.R. 2309(a), 40 N.J.R. 702(a).
In (b), substituted "Office of Certificate of Need and Healthcare Facility Licensure" for "Licensing, Certification and Standards Program of the Department".
Amended by R.2021 d.039, effective 5/3/2021.
See: 51 N.J.R. 1316(a), 53 N.J.R. 703(a).
In (b), deleted "Office of" preceding "Certificate" and inserted "Program".
Notice of readoption with technical change, effective 1/3/2022.
See: 54 N.J.R. 60(a).