Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 676 (January 30, 2021).

55 Pa. Code § 6100.43. Regulatory waiver.

§ 6100.43. Regulatory waiver.

 (a)  A provider may submit a request for a waiver of a section, subsection, paragraph or subparagraph of this chapter, except for the following:

   (1)  Sections 6100.1—6100.3.

   (2)  Sections 6100.41—6100.56.

   (3)  Sections 6100.181—6100.186.

   (4)  Sections 6100.341—6100.350.

 (b)  The waiver shall be submitted on a form specified by the Department.

 (c)  The Secretary of the Department or the Secretary’s designee may grant a waiver if the following conditions are met:

   (1)  There is no jeopardy to an individual’s health, safety and well-being.

   (2)  An individual or group of individuals benefit from the granting of the waiver through increased person-centered practices, integration, independence, choice or community opportunities for individuals.

   (3)  Additional conditions deemed appropriate by the Department.

 (d)  The Department will specify an effective date and an expiration date for a waiver that is granted.

 (e)  The provider shall provide a written copy of the waiver request to the affected individuals, and to persons designated by the individuals before or at the same time the waiver request is submitted to the Department.

 (f)  The provider shall notify the affected individuals, and persons designated by the individuals, of the Department’s waiver decision.

 (g)  The provider shall submit a request for the renewal of a waiver at least 60 days prior to the expiration of the waiver.

 (h)  A request for the renewal of a waiver shall follow the procedures in subsections (a)—(g).

Cross References

   This section cited in 55 Pa. Code §  6100.44 (relating to innovation project); 55 Pa. Code §  6100.672 (relating to cap on start-up cost); 55 Pa. Code §  6100.801 (relating to agency with choice); 55 Pa. Code §  6100.804 (relating to base-funding); and 55 Pa. Code §  6100.805 (relating to vendor goods and services).

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