Section DHS 40.05 - Waivers and variances(1) REQUEST. A program may request a waiver or a variance from the department. A request shall be made in writing and include all of the following:(a) The name of the program.(b) The rule provision from which the waiver or variance is requested.(c) The time period for which the waiver or variance is requested.(d) If the request is for a variance, the specific alternative action that the program proposes.(e) The reasons for the request and a supporting justification.(f) Any other information requested by the department. Note: An application for a waiver or variance should be addressed to the Behavioral Health Certification Section, Division of Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969 or emailed to DHSDQAMentalHealthAODA@wisconsin.gov.
(2) REQUIREMENTS. (a) The department may grant a waiver or variance requested by a program, or may impose additional conditions on the proposed waiver or variance, including limiting their duration, or providing that the waiver or variance may be withdrawn for any of the reasons specified in par. (b) if the department determines all of the following: 1. The waiver or variance is not likely to adversely affect the health, safety, or welfare of any youth.2. The waiver or variance is likely to improve services, or management and operation of the program, or permit piloting of new services.(b) The department may revoke a waiver or variance granted under par. (a) if any of the following occurs: 1. The program fails to comply with the variance as granted.2. The program notifies the department that it wishes to relinquish the waiver or variance.3. There is a change in applicable state or federal law.4. The department determines the revocation is necessary to protect the health, safety, or welfare of a youth.(3) NOTIFICATION. (am) Within 60 days of the receipt of a request for a waiver or variance, the department shall notify the program in writing of its decision to do any of the following: 1. Extend the department's review period for the request.2. Grant or deny the waiver or variance as requested.3. Grant the waiver or variance with additional conditions imposed by the department.(bm) If the department denies a request for a waiver or variance, or revokes a waiver or variance, the department shall notify the program in writing of the reason for the denial or revocation.Wis. Admin. Code Department of Health Services DHS 40.05
Cr. Register, August, 1996, No. 488, eff. 9-1-96; correction in (2) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635.Adopted by, CR 19-018: cr. Register June 2020 No. 774, eff. 7-1-20; correction in numbering in (3) made under s. 13.92(4) (b) 1, Stats., Register June 2020 No. 774, eff. 7/1/2020