N.J. Admin. Code § 8:43E-5.6

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

Section 8:43E-5.6 - Waiver

(a) The Commissioner or his or her designee may, in accordance with the general purposes and intent of 26:2H-1 et seq., and the licensure rules applicable to the type of facility in question, waive sections of applicable licensure 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 waiver pursuant to this rule shall apply in writing to the Director of the Certificate of Need and Acute Care Licensure Program or the Long Term Care Licensure Program, as applicable.

(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 sought;

2. Reasons for requesting a waiver, including a statement of the type and degree of hardship that would result to the facility if the waiver does not issue;

3. An alternative proposal, ensuring patient safety and compliance with the general intent and purpose of the applicable licensure rules; and

4. Documentation to support the request for waiver.

(d) In cases where the Department requests additional information before or during the course of processing a waiver request, the facility shall comply with the request for additional information or the waiver shall be denied.

N.J. Admin. Code § 8:43E-5.6