For purposes of this section, "innovation variance" means a specified alternative to a requirement of this chapter. An innovation variance may be granted to allow a home care provider to offer home care services of a type or in a manner that is innovative, will not impair the services provided, will not adversely affect the health, safety, or welfare of the clients, and is likely to improve the services provided. The innovative variance cannot change any of the client's rights under section 144A.44, home care bill of rights.
The commissioner may impose conditions on the granting of an innovation variance that the commissioner considers necessary.
The commissioner may limit the duration of any innovation variance and may renew a limited innovation variance.
An application for innovation variance from the requirements of this chapter may be made at any time, must be made in writing to the commissioner, and must specify the following:
(1) the statute or law from which the innovation variance is requested;
(2) the time period for which the innovation variance is requested;
(3) the specific alternative action that the licensee proposes;
(4) the reasons for the request; and
(5) justification that an innovation variance will not impair the services provided, will not adversely affect the health, safety, or welfare of clients, and is likely to improve the services provided.
The commissioner may require additional information from the home care provider before acting on the request.
The commissioner shall grant or deny each request for an innovation variance in writing within 45 days of receipt of a complete request. Notice of a denial shall contain the reasons for the denial. The terms of a requested innovation variance may be modified upon agreement between the commissioner and the home care provider.
A failure to comply with the terms of an innovation variance shall be deemed to be a violation of this chapter.
The commissioner shall revoke or deny renewal of an innovation variance if:
(1) it is determined that the innovation variance is adversely affecting the health, safety, or welfare of the licensee's clients;
(2) the home care provider has failed to comply with the terms of the innovation variance;
(3) the home care provider notifies the commissioner in writing that it wishes to relinquish the innovation variance and be subject to the statute previously varied; or
(4) the revocation or denial is required by a change in law.
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