048-3 Wyo. Code R. § 3-9 - Variances

(a) A healthcare facility may submit a request to the Department to obtain a variance from the above rules and regulations at any time.

(i) An applicant requesting a variance shall file a Request for Agency Action/Variance Application with the Department on the form furnished by the Department.

(ii) The Department may require additional information from the facility before acting on the request.

(iii) The Department shall act upon each request for a variance in writing within sixty (60) days of receipt of a completed request.

(b) If the Department grants a variance, it shall amend the license in writing to indicate that the facility has been granted a variance. The variance may be renewable or non-renewable. The healthcare facility shall maintain a copy of the approved variance on file in the facility and make the copy available to all interested parties upon request.

(i) The Department shall file the request and variance with the license application.

(ii) The terms of a requested variance may be modified upon agreement between the Department and the facility.

(iii) The Department may impose conditions on the granting of a variance as it determines necessary to protect the health and safety of the facility residents or patient's.

(iv) The Department may limit the duration of any variance.

(c) The Department shall issue a written notice of agency decision denying a variance upon a determination that the variance is not justified. This decision shall be final and may not be appealed.

(d) The Department may revoke a variance if:

(i) The variance adversely affects the health, safety, or welfare of the facility residents or patient's.

(ii) The facility fails to comply with the conditions of the variance, as granted.

(iii) The licensee notifies the Department in writing that it wishes to relinquish the variance and be subject to the rule previously varied.

(iv) There is a change in the statute, regulations, or rules.

Notes

048-3 Wyo. Code R. § 3-9