new text begin Behavioral health home provider variances. new text end

new text begin (a) The commissioner may grant a variance to specific requirements under subdivisions 4a, 4b, 4c, or 4d for a behavioral health home services provider according to this subdivision. new text end

new text begin (b) The commissioner may grant a variance if the commissioner finds that: new text end

new text begin (1) failure to grant the variance would result in hardship or injustice to the applicant; new text end

new text begin (2) the variance would be consistent with the public interest; and new text end

new text begin (3) the variance would not reduce the level of services provided to individuals served by the organization. new text end

new text begin (c) The commissioner may grant a variance from one or more requirements to permit an applicant to offer behavioral health home services of a type or in a manner that is innovative, if the commissioner finds that the variance does not impede the achievement of the criteria in subdivisions 4a, 4b, 4c, or 4d and may improve the behavioral health home services provided by the applicant. new text end

new text begin (d) The commissioner's decision to grant or deny a variance request is final and not subject to appeal. new text end