N.J. Admin. Code § 8:43F-2.2

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

Section 8:43F-2.2 - 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-1etseq., and the rules in this chapter, waive provisions of these rules if, in his or her opinion, such waiver would not render the premises, equipment, personnel, finances, rules and bylaws, and standards of health care at a facility unfit or inadequate.

1. A facility seeking a waiver of these rules shall apply in writing to the Director of the Division.

2. A written request for a waiver shall include the following:

i. The specific rule or part of the rule for which a waiver is requested;

ii. Reasons for requesting a waiver, including a statement of the type and degree of hardship that would result to the facility upon adherence;

iii. An alternative proposal which would ensure the care and safety of participants; and

iv. Documentation to support the request for a waiver.

3. The Department reserves the right to request additional information before processing a request for waiver.

N.J. Admin. Code § 8:43F-2.2

Amended by 53 N.J.R. 2204(a), effective 12/20/2021