The Waiver Process for the State of Minnesota

The Waiver Process in Minnesota is:

A nursing home may request that the department grant a variance or waiver from the provisions of this chapter. A request for a variance or waiver must be submitted to the department in writing. Each request must contain:

-The specific part or parts for which the variance or waiver is requested

-The reasons for the request

-The alternative measures that will be taken if a variance or waiver is granted

-The length of time for which the variance or waiver is requested

-Other relevant information necessary to properly evaluate the request for the variance or waiver

A request for the renewal of a variance or waiver must be submitted in writing at least 45 days before its expiration date. Renewal request must contain the information specified in subpart 1. A variance or waiver must be renewed by the department if the applicant continues to satisfy the criteria in subparts2 and 3, and demonstrates compliance with the alternative measures or conditions imposed at the time of the original variance or waiver was granted.

An applicant may contest the denial, revocation, or refusal to renew a variance or waiver by requesting a contested case hearing under Minnesota Statutes, Chapter 14. The applicant must submit, within 15 days for the receipt of the department's decision, a written request for a hearing. The request for hearing must set forth in detail the reasons why the applicant contends the decision of the department should be reversed or modified. At the hearing, the applicant has the burden of providing that it satisfied the criteria specified to subparts 2 and 3, except in a proceeding challenging the revocation of a variance or waiver.

The Waiver decision is made by:

The decision to grant or deny a variance or waiver must be based on the department's evaluation of the following criteria:

-whether the variance or waiver adversely affects the health, treatment, comfort, safety, or well-being of a resident

-Whether the alternative measures to be taken, if any, are equivalent to or superior to those prescribed in this chapter

-Whether compliance with the part or parts would impose an undue burden upon the applicant

The department must notify the applicant in writing of its decision. If a variance or waiver is granted, the notification must specify the period of time for which the variance or waiver is effective and the alternative measures or conditions, if any, to be met by the applicant.

The department must deny, revoke, or refuse to renew a variance or waiver if it is determined that the criteria in subparts 2 and 3 are not met. The applicant must be notified in writing of the reasons for the decision and informed of the right to appeal the decision.

Notes/ Comments:

Alternative measures or conditions attached to a variance or waiver have the force and effect of this chapter and are subject to the issuance of correction orders and penalty assessments in accordance with Minnesota Statutes, section 144A.10

The amount of fines for a violation of this part is what is specified for the particular rule for which the variance or waiver was requested