DOH Webinar Describes Waiver and Equivalency Submission Guidelines for Fire Safety and Environmental Compliance
Following up on its May 11th Dear Administrator Letter (DAL), the Department of Health (DOH) hosted a webinar last week detailing the processes for seeking an equivalency or waiver in response to deficiencies in compliance with fire safety or environmental regulations. The webinar covered:
- the differences between an equivalency and a waiver, and the circumstances in which each should be used;
- the processes and timeframes for submission;
- the accompanying documentation;
- the elements needed in the plan of correction in order for it to be 'potentially approvable;'
- the enforcement cycle; and
- facility obligations after approval.
An equivalency is an alternative means to comply with prescriptive code requirements – for example, an equivalency would provide fire protection considered equivalent to Life Safety Code requirements. A waiver generally allows for non-compliance with the prescriptive code on a temporary basis. In rare circumstances, a continuing waiver may be granted when the non-compliance cannot be corrected without unreasonable financial hardship and it does not pose a threat to residents' health or safety. The Centers for Medicare and Medicaid Services (CMS) is the decision-maker for federal waivers and equivalencies for nursing homes. DOH may approve waivers of Facility Guidelines Institute (FGI), Americans with Disabilities Act (ADA), or other requirements of state regulation.
The DOH waiver and equivalency submission guidelines are available here, and the waiver request form is here. The technical standards are here. A LeadingAge NY Intelligence article on the DAL is available here. Questions and correspondence should be sent to DOH here.
Contact: Karen Lipson, klipson@leadingageny.org, or Elliott Frost, efrost@leadingageny.org