Section DHS 89.295 - Variance for demonstration projects in family care pilots(1) In this section, "variance" means permission to meet a requirement of this subchapter by an alternative means.(2) The purpose of a variance granted under this section is to demonstrate efficient ways of delivering and assuring the quality of supportive, personal and nursing services in conjunction with delivery of the family care benefit as defined in s. 46.2805(4), Stats.(3) The department may grant a variance to a requirement of this subchapter when it is demonstrated to the satisfaction of the department that granting the variance is consistent with the purpose of the demonstration and will not jeopardize the health, safety, welfare or rights of any resident in the residential care apartment complex. The department may place a time limit and conditions on the variance.(4) A request for variance shall be submitted to the department in writing and shall include all of the following: (a) The efficiencies and quality assurance approaches to be demonstrated through the variance.(b) Identification of each requirement from which the variance is requested.(c) A description of the alternative means by which the facility will meet the intent of the requirements to be varied.(d) A plan for meeting the care needs and ensuring the health, safety and welfare of tenants.(e) An agreement to provide information to and to cooperate with the department in monitoring and evaluating the quality and cost effectiveness of the demonstration.(f) A letter of support for the variance from the care management organization as defined in s. 46.2805(1), Stats., serving the area where the facility is located.(g) Documentation that the facility has a contract with a care management organization, as defined in s. 46.2805(1), Stats., for services to its enrollees.Wis. Admin. Code Department of Health Services DHS 89.295
Cr. Register, October, 2000, No. 538, eff. 11-1-00.