Section DHS 127.08 - Waivers and variances(1) DEFINITIONS. In this section: (a) "Variance" means the granting by the department of an alternative requirement in place of a nonstatutory requirement of this chapter.(b) "Waiver" means the granting by the department of an exception from a nonstatutory requirement of this chapter.(2) REQUIREMENTS FOR WAIVERS AND VARIANCES. The department may grant a waiver or variance if the department finds that: (a) The waiver or variance will not adversely affect the health, safety or welfare of any rural medical center patient or resident.(b) The requirement from which the rural medical center seeks relief would result in unreasonable hardship or is infeasible as applied to the rural medical center or a patient or resident of the rural medical center.(c) If the request is for a variance, the proposed condition, method, procedure, practice, technique, equipment, personnel qualification, pilot project or other alternative is in the interests of the management of patient or resident care.(3) PROCEDURES. (a)Requests.1. A request for a waiver or variance shall be made in writing to the department and shall include all of the following: a. The requirement from which the waiver or variance is requested.b. The time period for which the waiver or variance is requested.c. The reason or reasons for the request. The center shall provide an explanation of why the requirement from which the center seeks relief results in unreasonable hardship or is infeasible as applied to the rural medical center or a patient or resident of the rural medical center.d. If the request is for a variance, the rural medical center's proposal of the alternative condition, method, procedure, practice, technique, equipment, personnel qualification, pilot project or other alternative is in the interests of the management of patient or resident care and is as protective as the requirement from which the waiver or variance is being sought.2. A request for a waiver or variance may be made at any time.3. The department may require additional information from the rural medical center before acting on the request. Note: A request for a waiver or variance should be addressed to the Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969.
(b)Grants and denials.1. The department shall grant or deny in writing each request for a waiver or variance. A notice of denial shall state the department's findings and reasons for denial and shall indicate that the rural medical center may request a hearing under par. (c). Except when additional information is requested under par. (a) 3., if a notice of denial is not issued within 60 calendar days after the receipt of a complete request, the waiver or variance shall be automatically approved. 2. The department may limit the duration of any waiver or variance.3. The department may impose conditions on a waiver or variance if the department finds that the conditions are necessary to protect the health, safety or welfare of rural medical center patients or residents.4. The terms of a waiver or variance may be modified only upon written agreement between the department and the rural medical center.(c)Appeal.1. A rural medical center may contest the denial of a waiver or variance by requesting a hearing pursuant to ch. 227, Stats. The request for hearing shall be in writing and filed with the department of administration's division of hearings and appeals within 10 working days after receipt of the notice under par. (b). A request for a hearing is considered filed on the date of its receipt by that office.2. The rural medical center shall bear the burden of proving by a preponderance of the evidence that a denial of a waiver or variance was unreasonable. Note: A hearing request should be sent or may be delivered to the Department of Administration's Division of Hearings and Appeals, 5005 University Avenue, Suite 201, Madison, Wisconsin, 53705-5400.
(d)Revocation. The department may revoke a waiver or variance, subject to appeal rights under par. (c), for any of the following reasons: 1. The department determines that the waiver or variance adversely affects the health, safety or welfare of the rural medical center's patients or residents.2. The rural medical center failed to comply with the waiver or variance as granted or with a condition of the waiver or variance.3. The person representing the rural medical center who received the waiver or variance notifies the department in writing that the center wishes to relinquish the waiver or variance and be subject to the requirement previously waived or varied.4. Revocation is required by a change in state law.Wis. Admin. Code Department of Health Services DHS 127.08
Cr. Register, February, 1999, No. 518, eff. 3-1-99.