DHS 134.14 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; corrections in (2) (a) 2. and (7) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; am. (5), cr. (5m), Register, August, 2000, No. 536, eff. 9-1-00; CR 03-033: am. (1), (2) (a) (intro.) and (5m) Register December 2003 No. 576, eff. 1-1-04; CR 04-053: am. (2) (a) 1. Register October 2004 No. 586, eff. 11-1-04; CR 07-042: cr. (5r) Register October 2007 No. 622, eff. 11-1-07; corrections in (2) and (7) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

DHS 134.15 DHS 134.15 Waivers and variances.

DHS 134.15(1) (1) Definitions. In this section:

DHS 134.15(1)(a) (a) “Variance” means the approval of an alternate requirement in place of a requirement of this chapter.

DHS 134.15(1)(b) (b) “Waiver” means the granting of an exemption from a requirement of this chapter.

DHS 134.15(2) (2) Requirements for waivers or variances. The department may grant a waiver or variance if the department finds that the waiver or variance will not adversely affect the health, safety or welfare of residents, taking into account the size of the facility and the condition of the residents, and that:

DHS 134.15(2)(a) (a) Strict enforcement of a requirement would result in unreasonable hardship on the facility or a resident; or

DHS 134.15(2)(b) (b) An alternative to a rule which may involve introducing a new concept, method, procedure or technique, using new equipment, modifying personnel qualifications or providing for the conduct of pilot projects, is in the interests of better care or management.

DHS 134.15(3) (3) Procedures.

DHS 134.15(3)(a) (a) Applications.

DHS 134.15(3)(a)1. 1. All applications for a waiver or variance shall be made in writing to the department, specifying the following:

DHS 134.15(3)(a)1.a. a. The rule from which the waiver or variance is requested;

DHS 134.15(3)(a)1.b. b. The time period for which the waiver or variance is requested;

DHS 134.15(3)(a)1.c. c. If the request is for a variance, the specific alternative action which the facility proposes;

DHS 134.15(3)(a)1.d. d. The reasons for the request; and

DHS 134.15(3)(a)1.e. e. Assurances that sub. (2) would be satisfied.

DHS 134.15(3)(a)2. 2. A request for a waiver or variance may be made at any time.

DHS 134.15(3)(a)3. 3. The department may require additional information from the facility before acting on the request.

DHS 134.15 Note Note: A request for a waiver or variance should be addressed to: Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969.

DHS 134.15(3)(b) (b) Grants and denials.

DHS 134.15(3)(b)1. 1. The department shall grant or deny each request for waiver or variance in writing. Notice of denial shall contain the reasons for denial. If a notice of a denial is not issued within 60 days after the receipt of a complete request, the waiver or variance shall be automatically approved.

DHS 134.15(3)(b)2. 2. The department may impose whatever conditions on the granting of a waiver or variance that it deems necessary.

DHS 134.15(3)(b)3. 3. The department and a facility may agree to modify the terms of a requested variance.

DHS 134.15(3)(b)4. 4. The department may limit the duration of any waiver or variance.

DHS 134.15(3)(c) (c) Appeal.

DHS 134.15(3)(c)1. 1. A facility may ask the administrator of the department’s division of long term care to review the reasonableness of the denial of a request for a waiver or variance. The administrator shall make that review and notify the facility of his or her decision within 20 days following receipt of the appeal.

DHS 134.15 Note Note: To appeal the denial of a request for a waiver or variance, write: Administrator, Division of Long Term Care, P.O. Box 7851, Madison, Wisconsin 53707-7851.

DHS 134.15(3)(c)2. 2.

DHS 134.15(3)(c)2.a. a. A denial of a waiver or variance may be contested by requesting a hearing as provided by ch. 227, Stats.