Waivers from these rules may be granted by the director of
the department of inspections and appeals for good and sufficient reason when
the need for a waiver has been established; no danger to the health, safety, or
welfare of any resident results; alternate means are employed or compensating
circumstances exist and the waiver will apply only to an individual nursing
facility. Waivers will be reviewed at the discretion of the director of the
department of inspections and appeals.
(1) To request a waiver, the licensee must:
a. Apply for a waiver in writing on a form
provided by the department;
b. Cite
the rule or rules from which a waiver is desired;
c. State why compliance with the rule or
rules cannot be accomplished;
d.
Explain alternate arrangements or compensating circumstances which justify the
waiver;
e. Demonstrate that the
requested waiver will not endanger the health, safety, or welfare of any
resident.
(2) Upon
receipt of a request for a waiver, the director of inspections and appeals
will:
a. Examine the rule from which a waiver
is requested to determine that the request is necessary and
reasonable;
b. If the request meets
the above criteria, evaluate the alternate arrangements or compensating
circumstances against the requirement of the rules;
c. Examine the effect of the requested waiver
on the health, safety, or welfare of the residents;
d. Consult with the applicant if additional
information is required.
(3) Based upon these studies, approval of the
waiver will be either granted or denied within 120 days of receipt.
Notes
Iowa Admin. Code r.
481-58.2
Amended by
IAB
June 16, 2021/Volume XLIII, Number 26, effective
7/21/2021