General Variances

Overview

A general variance is a special permission from the Department of Health that allows a licensed facility to meet a licensure requirement in a different way than what is specified in regulation—so long as it still protects the health, safety, and welfare of the people it serves.

The Department may grant a variance if the request meets the requirements in 7 AAC 10.9500–10.9515, the alternative plan satisfies the purpose of the rule, and recipients are still protected. For assisted living homes, a variance may also support aging in place, help residents avoid moving, or better integrate individuals with disabilities into the community to reach their highest level of functioning.

Requesting a general variance

To request a general variance, a licensed facility must complete a form provided by the Department of Health. The request must identify the specific regulation the facility cannot meet, explain why compliance is not possible, and describe the resulting hardship. It must also propose an alternative method that satisfies the purpose of the regulation and demonstrate how the facility will continue to protect people during the variance period.
 
The request must state how long the variance is needed and include a plan for achieving full compliance before it expires. If the request involves fire safety or another local requirement, the facility must include documentation showing it has been reviewed by the proper authority. If residents will be affected, their names and representatives must be included. Assisted living homes must also meet specific notice requirements.

Use the forms in the section that corresponds with your facility type and submit your request to the office responsible for licensing your facility.

Facilities are not allowed to request a general variance for background check requirements under 7 AAC 10.900–10.990. To request a background check variance—which is a separate process from a general variance—please visit the Background Check Variance page.

Review of general variance request

Once a request is submitted, the Department will review the information, which may include a site inspection and conversations with the applicant or affected residents. The Department will issue a written decision.

A general variance may be granted for up to one year if the facility cannot meet the requirement as written, has a workable plan for compliance, and can continue to protect health and safety. In some cases, a longer variance may be approved if meeting the regulation would cause significant hardship or if the change would improve service quality. All variances must include steps the facility will take to comply with the regulation in the future.

If a request is denied, the Department will provide a written explanation. Facilities may submit a new request or seek reconsideration. If a facility violates the terms of an approved variance, the Department may revoke it with written notice. The facility may then request reconsideration of the revocation.

Posting of a general variance

If granted, the variance decision must be posted next to the facility’s license in a visible location and be available for public review. The variance stays in effect for the time approved unless the Department revokes it. Revocation may occur if the facility does not follow its plan or fails to protect the health and safety of those it serves. Immediate revocation may happen if there is a serious risk to life, health, or safety.

Requesting reconsideration

If the Department denies or revokes a general variance, the facility may request reconsideration in writing within 30 days of receiving notice.

The request must include the name, mailing address, phone number, and (if available) email and fax number of the person making the request. It should summarize the Department’s decision and clearly explain why the facility disagrees. This includes describing how the decision affects the facility, which parts of the decision are being challenged, what alternatives are proposed, and any supporting documents or data.

Facilities may submit reconsideration requests to the same office that licenses your facility and issued the denial or revocation. See the Contacts section for address and contact details.

The Department will review the request and respond in writing within 30 days with a final decision.