Page 891
determines a longer period is needed to obtain additional information or evaluate the effect of a change. (Eff. 1/5/2017, Register 221; am 10/31/2019, Register 232) Statutory Authority: Authority: AS 47.05.010 AS 47.25.001 7 AAC 41.270. General variances. (a) The purpose of this section is to provide a process for determining whether a general variance for a provider described in 7 AAC 41.200(a)(5) or (6), if requested, should be granted for a requirement of 7 AAC 41.200 — 7 AAC 41.260 or 7 AAC 41.370. (b) A provider described in 7 AAC 41.200(a)(5) or (6) shall meet the requirements of this section. The department may grant a general variance if
(1) an alternative means, acceptable to the department, satisfies the purpose of the requirement for which the variance is sought; and
(2) the health, safety, and welfare of recipients of services are protected. (c) A provider described in 7 AAC 41.200(a)(5) or (6) seeking a general variance under this section must submit to the department or designee, on a form supplied by the department, a request for a general variance as required by this section. A request must contain the following:
(1) the requirement from which the variance is sought;
(2) the reasons why the provider is unable to comply with the requirement, a description of how the provider is not in compliance, and the extent to which compliance with the requirement will impose any substantial economic, technological, programmatic, legal, or medical hardship on the provider or recipients of services;
(3) the period of time for which the variance is requested;
(4) the proposed alternative means of satisfying the purpose of the requirement for which the variance is sought;
(5) a statement as to how the health, safety, and welfare of recipients of services will be protected during the period of the variance;
(6) the plan for achieving compliance before the variance expires;