Section 6350.16. Waiver option

(a) The Department’s regional commissioners for mental retardation may, in special situations, waive specific provisions within this chapter which govern the Family Resource Services (FRS) Program when an identified need for an FRS-eligible service cannot be met because of a restriction imposed by this chapter. This waiver option does not apply to Chapter 4305 (relating to liability for community mental health and mental retardation services).

(b) The request for a waiver of a provision of this chapter shall be consistent with the philosophy and intent of the FRS Program and shall relate to an FRS-eligible service.

(c) The County Mental Health/Mental Retardation (MH/MR) Administrator shall submit a written request to the appropriate Department’s regional commissioner for mental retardation to have a specific provision of this chapter waived for a specific situation.

(d) The written request shall include documentation which explains why it is necessary to have a provision of this chapter waived.

(e) The request shall be for a specific situation and involve a specific person or group of persons to be served for a specific period of time.

(f) The Department’s regional commissioner for mental retardation shall submit to the county mental health and mental retardation administrator written notification of the approval or disapproval of the request for a waiver prior to the implementation of the service.

(g) Copies of requests and decisions related to the waiver option shall be submitted by the regional commissioner to the central office of mental retardation for review.