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Title 7 . Health and Social Services
Chapter 75 . Assisted Living Homes
Section 460. Application for permanent variance

7 AAC 75.460. Application for permanent variance

An assisted living home shall apply for a permanent variance in the manner that the department directs. The application must state

(1) the statute from which permanent variance is sought for a home with fewer than six residents;

(2) the regulation from which the permanent variance is sought;

(3) the reason the home is unable to comply with the statute or regulation, and a description of the way the home is not in compliance;

(4) the reason that

(A) strict compliance with the statute or regulation will impose a substantial economic, technological, programmatic, legal, or medical hardship on the home or a resident of the home;

(B) the variance will improve the quality of life for the home's residents; or

(C) the variance will afford a unique treatment opportunity;

(5) the alternative proposed by the applicant to meet the goal of the statute or regulation from which the variance is sought; and

(6) how the alternative proposed by the home will adequately protect the health, safety, and welfare of the home's residents.

History: Eff. 7/1/95, Register 134; am 6/24/2004, Register 170

Authority: AS 47.33.920

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Last modified 7/05/2006