Ohio Admin. Code 3701-44-04

Current through all regulations passed and filed through October 28, 2024

Section 3701-44-04 - Waiver

(A) Upon request from an applicant, client, or the HIV-treating physician or nurse practitioner, or authorized representative of an applicant or client, the director may waive any part of this chapter. A request for a waiver shall be accompanied by documentation supporting the request. The director may request additional documentation prior to making a decision. Waiver requests are subject to paragraph (B) of this rule.

(B) The director may not grant a waiver request if the approval of the request is contrary to any of the following:

(1) The established standard of care for the treatment of HIV;

(2) The public interest;

(3) Federal or state law;

(4) The federal requirements for the Ryan White part B funding; or

(5) There are insufficient funds to support a waiver request.

(C) The director's decision pursuant to a waiver request is final and not subject to further review.

Replaces: 3701-44-04

Ohio Admin. Code 3701-44-04

Effective: 4/1/2019
Five Year Review (FYR) Dates: 01/28/2024
Promulgated Under: 119.03
Statutory Authority: 3701.241
Rule Amplifies: 3701.241
Prior Effective Dates: 9/23/1991 (Emer.), 12/22/91, 5/20/99, 7/20/01, 8/2/09, 11/4/11