§ 11.5. Waivers.
(a) It is the policy of the Department that licensees shall comply with this subchapter to assure quality of care. The Department may, for good reason, grant waivers to specific requirements contained in this subchapter for specified periods of time. Waivers will be granted only when the health, safety and welfare of the clients or the quality of services provided to clients is not adversely affected. The Department reserves the right to revoke a waiver if the conditions required by the waiver are not met.
(b) Centers which also provide services to persons who receive services under Articles IX and X of the Public Welfare Code (62 P. S. § § 901—1057.3) may, consistent with subsection (a), apply for waivers to requirements in this subchapter which are essentially duplicative of requirements under regulations promulgated by the Department of Public Welfare to implement Articles IX and X of the Public Welfare Code, with which they are already in full compliance. The Department reserves the right to grant requested waivers or to require additional, reasonable actions by a center to bring it into compliance with requirements in this subchapter.
(c) The licensee shall submit a written request for a waiver to the Department’s Division of Older Adult Daily Living Center Licensure. Waivers granted by the Department will be in writing and retained by the licensee and be part of the licensee’s permanent record.
(d) A waiver is subject to an annual review by the Department to determine whether acceptable conditions exist for renewal of the waiver.
Cross References This section cited in 6 Pa. Code § 11.212 (relating to applicability).
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