Or. Admin. Code § 333-071-0260

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-071-0260 - Waivers

(1) While all SICFs are required to maintain continuous compliance with the Authority's rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications or the conducting of pilot projects or research. A request for a waiver from a rule must be:

(a) Submitted to the Authority in writing;

(b) Identify the specific rule for which a waiver is requested;

(c) The special circumstances relied upon to justify the waiver;

(d) What alternatives were considered, if any, and why alternatives (including compliance) were not selected;

(e) Demonstrate that the proposed waiver is desirable to maintain or improve the health and safety of the patients, and will not jeopardize patient health and safety; and

(f) The proposed duration of the exception.

(2) Upon finding that the SICF has satisfied the conditions of this rule, the Authority may grant a waiver.

(3) An SICF may not implement a waiver until it has received written approval from the Authority.

(4) During an emergency, the Authority may waive a rule that an SICF is unable to meet, for reasons beyond the SICF's control. If the Authority waives a rule under this section it shall issue an order, in writing, specifying which rules are waived, which SICFs are subject to the order, and how long the order will remain in effect.

Or. Admin. Code § 333-071-0260

Renumbered from 333-071-0145, PH 281-2018, filed 12/19/2018, effective 12/19/2018; PH 4-2019, amend filed 02/21/2019, effective 2/21/2019

Statutory/Other Authority: ORS 441.025

Statutes/Other Implemented: ORS 441.025