Regulation detail

Pa. Code 5240.111

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Pa. Code 5240.111 active

Waivers

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
ABA (80%)
Plain-English summary

This section establishes the process by which an Intensive Behavioral Health Services (IBHS) agency may request a waiver from a specific requirement in Chapter 5240. The Department may grant, condition, or revoke such waivers, and will only approve them in exceptional circumstances where the health and safety of children, youth, or young adults are not jeopardized, service quality is maintained, the intent of the waived requirement is still met, and no federal or state law is violated.

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Regulation text
55 Pa. Code § 5240.111 - Waivers 

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(a)
 An IBHS agency
 may submit a written request to the Department for a waiver of a specific
 requirement in this chapter.

(b)
 The
 Department may grant a waiver unconditionally or subject to conditions that
 shall be met. The Department may revoke a waiver if conditions required by the
 waiver are not met.

(c)
 A waiver
 request will be granted only in exceptional circumstances and if the following
 are met: 
(1)
 The waiver does not jeopardize
 the health and safety of the children, youth or young adults served by the IBHS
 agency.

(2)
 The waiver will not
 adversely affect the quality of services provided by the IBHS agency.

(3)
 The intent of the requirement to be
 waived will still be met.

(4)

 Children, youth or young adults will benefit from the wavier of the
 requirement.

(5)
 The waiver does
 not violate a Federal or State statute or
 regulation.

Notes

55

 Pa. Code §
 
5240.111

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