Pa. Code 5310.5

Waiver of standards

This section establishes the process by which Community Residential Rehabilitation Services (CRRS) providers may request a waiver of specific standards under 55 Pa. Code Chapter 5310. Waivers may be granted by the Office of Mental Health for up to six months and renewed up to three times, or permanently for pre-existing sites regarding physical plant requirements. Operators must demonstrate documented need, no danger to client health/safety, and compliance with the intent of the waived provision.

55 Pa. Code § 5310.5 - Waiver of standards 

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(a)
 Where
 the development of community residential rehabilitation services (CRRS) is
 severely limited by this chapter, a waiver may be granted for a particular
 section for a period of 6 months and may be renewed three times. Waivers will
 be applied only in areas where the need for the services and the attempts to
 meet the standards of this chapter are adequately documented. Waivers are
 granted by the Office of Mental Health only in exceptional
 circumstances.

(b)
 In the case of
 CRRS sites in operation prior to the adoption of this chapter a permanent
 waiver may be granted to the requirements of §
 
5310.73
(e)(2)-(7)
 
 (relating to physical plant requirements),
 provided the application in writing is made within 90 days of the effective
 date of these standards.

(c)
 A
 waiver request must meet all three conditions: 
 
(1)
 The request with adequate justification
 is submitted as required by Chapter 20 (relating to licensure or approval of
 facilities and agencies).

(2)
 The
 request does not represent a danger to the health, safety or well-being of the
 client.

(3)
 The request complies
 with the intent of the provision to be waived.

Notes

55

 Pa. Code §
 
5310.5

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