ODP Bulletin 00-22-02, effective June 2, 2022, is to establish the process for requesting a waiver of a regulatory requirement. This bulletin applies to entities seeking to be licensed or are currently licensed under one or more of the following chapters:
- 55 Pa. Code Chapter 2380 (relating to Adult Training Facilities);
- 55 Pa. Code Chapter 2390 (relating to Vocational Facilities);
- 55 Pa. Code Chapter 6400 (relating to Community Homes for Individuals with an Intellectual Disability or Autism);
- 55 Pa. Code Chapter 6500 (relating to Life Sharing Homes); and
- Providers of home and community-based services (HCBS) for individuals with an intellectual disability or autism subject to 55 Pa. Code Chapter 6100 (relating to Services for Individuals with an Intellectual Disability or Autism).
Licensees and ODP-enrolled providers are expected to comply with all applicable regulations. However, the Department recognizes that there are occasions where compliance with a regulation impedes the licensee’s or ODP-enrolled provider’s ability to provide services to an individual. As a result, the Department permits licensees and ODP-enrolled providers to request that a section, subsection, paragraph, or subparagraph of a regulation not apply when it is in the best interest of an individual or group of individuals who receive services from the licensee or ODP enrolled provider.
Not all regulations can be waived. Section 6100.43(a) prohibits waivers of the following regulations:
- Sections 6100.1–6100.3 (relating to General Provisions);
- Sections 6100.41–6100.56 (relating to General Requirements);
- Sections 6100.181–6100.186 (relating to Individual Rights); and
- Sections 6100.341–6100.350 (relating to Restrictive Procedures).
Additionally, section 6500.12(7) prohibits waivers of sections 6500.1–6500.4 (relating to General Provisions). While Chapters 2380, 2390, and 6400 do not address waivers of regulation, waivers for these chapters are at the discretion of the Department and can be requested pursuant to 1 Pa. Code section 35.18.
Providers should utilize the Office of Developmental Programs’ form “Request for Regulatory Waiver.”