Waivers of DHS Ch. 83 Provisions Granted Prior to April 1, 2009
The purpose of this memo is to address the variances and waivers that were issued prior to the repeal and recreation of Wisconsin Administrative Code chapter DHS 83, regulating Community-Based Residential Facilities (CBRFs).
Wisconsin Department of Health Services repealed and recreated Wisconsin Administrative Code DHS chapter 83, effective April 1, 2009. Technically, all existing variances and waivers of provisions of ch. DHS 83 expired with the repeal of old chapter 83 on April 1, 2009.
In many respects, however, the current provisions of DHS ch. 83 do not represent a change from the requirements in existence prior to April 1, 2009. The Department's Waiver, Approval, Variance and Exception (WAVE) committee does not therefore intend to require renewal requests for all variances and waivers granted to CBRFs prior to April 1, 2009.
Facilities with variances or waivers granted prior to April 1, 2009 are required to reapply for a variance or waiver - if and only if the current provisions of ch. DHS 83 differ from the code language under which the variance/waiver was granted. Facilities are not required to resubmit variances or waivers where the previous and current relevant ch. DHS 83 language is the same. All requests for variance and waiver should be submitted to the Regional Bureau of Assisted Living Office.
The Department may rescind a waiver or variance if at any time the Department determines the waiver or variance has adversely affected the health, safety or welfare of the residents, or if the CBRF fails to comply with the terms of the waiver or variance. Any questions may be directed to the Assisted Living Regional Director for the region in which a facility is located http://www.dhs.wisconsin.gov/rl_dsl/Contacts/ALSreglmap.htm
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Last Updated: September 30, 2011