Waivers and Variances: Long-Term Care

The following provides information on the procedure to be used by a nursing home or facility serving people with developmental disabilities 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 at:

Definitions

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

Submit a request

To apply for a waiver or variance complete the Nursing Home Waiver or Variance Request, F-02536 (Word). Indicate the exact code for which the waiver or variance is being requested in the Applicable Codes section of the form. Find the exact code by reviewing the regulations at:

Email the completed request form to Elizabeth Laubenstein.

Approval or denial process

  1. The Department of Health Services (DHS) shall grant or deny each request for waiver or variance in writing. Notice of denials shall contain the reasons for denial.
  2. 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.
  3. The terms of a requested variance may be modified upon agreement between DHS and a facility.
  4. DHS may impose such conditions on the granting of a waiver or variance which it deems necessary.
  5. DHS may limit the duration of any waiver or variance.

Additional resources

View additional provider specific regulatory information on the following DHS webpages:

Contact us

For questions on the waiver or variance process contact Elizabeth Laubenstein, 608-266-2966 or mail questions to:

Division of Quality Assurance
Attn: Elizabeth Laubenstein
PO Box 2969
Madison, WI 53701-2969

Last Revised: January 17, 2020