Waivers and Variances: Hospitals, Hospices, Home Health Agencies or Personal Care Agencies

The following provides information on the procedure to be used by a hospital, hospice, home health agency, or personal care agency to request a waiver or variance of Wisconsin state statute or administrative code.

Requirements

Wisconsin administrative code requirements for a waiver or variance are identified in:

Definitions

Hospitals and hospices:

  • Waiver means an exception from a requirement of this chapter.
  • Variance means an alternative requirement in place of a requirement of this chapter.

Home health agencies:

  • Waives or Variances. Upon application of a home health agency, the Department of Health Services (DHS) may waive or vary any provision of this chapter if it finds that the waiver or variance will not adversely affect the health, safety or welfare of any patient.

Personal care agencies:

  • Waivers or Variances. Upon application of a personal care agency, DHS may waive or vary any provision of Wis. Admin. Code § DHS 105.17 if it finds that the waiver or variance will not adversely affect the health, safety or welfare of any patient.

Submit a request

To apply for a waiver or variance, complete the Waiver or Variance Request, F-02527 (Word). Review the applicable code as needed:

All waiver or variance applications shall be made in writing to DHS and should specifying the following:

  • The rule from which the waiver or variance is requested.
  • The time period for which the waiver or variance is requested (indicate temporary or permanent and. if temporary, the estimated end date).
  • If the request is for a variance, include all alternative action which the facility proposes to ensure resident safety.
  • The reasons for the request.
  • That the waiver/variance will not adversely affect resident health, safety or welfare.

Mail, email, or fax the completed request form to:

DHS/DQA/Bureau of Health Services
Attn: BHS Director
PO Box 2969
Madison, WI 53701-2969

Email: DHSDQALCCS@dhs.wisconsin.gov

Fax: 608-264-9847

Approval or denial process

Hospitals:

  • DHS shall grant or deny each request for waiver or variance in writing. Notice of a denial shall contain the reasons for denial.
  • The terms of a requested variance may be modified upon agreement between DHS and the hospital.
  • DHS may impose whatever conditions on the granting of a waiver or variance it considers necessary.
  • DHS may limit the duration of any waiver or variance.

Hospices:

  • DHS shall grant or deny each request for waiver or variance in writing. A notice of denial shall contain the reasons for denial. If a notice of denial is not issued within 60 days after the receipt of a complete request, the waiver or variance shall be automatically approved.
  • The terms of a requested variance may be modified upon agreement between DHS and the hospice.
  • DHS may impose conditions on the granting of a waiver or variance which it deems necessary.
  • DHS may limit the duration of a waiver or variance.

Home health agencies:

  • Waivers or Variance: Upon the application of a home health agency, DHS may waive or vary any provision of this chapter if it finds that the waiver or variance will not adversely affect the health, safety or welfare of any patient.

Personal care agencies:

  • The terms of a requested variance may be modified at any time by DHS.
  • DHS may impose conditions on the granting of a waiver or variance which it deems necessary.
  • DHS may limit the duration of a waiver or variance.
  • DHS may revoke a discretionary waiver or variance at any time if it determines that there is evidence of fraud or Medicaid program abuse by the provider or recipient; or if any of the facts upon which the waiver or variance was originally based on is no longer true.

Additional resources

View additional provider specific regulatory and contact information on the following webpages:

Last Revised: July 2, 2020