Rule 3701-44-04 | Waiver.
(A) Upon request from an applicant, client, or the HIV-treating physician or nurse practitioner, or authorized representative of an applicant or client, the director may waive any part of this chapter. A request for a waiver shall be accompanied by documentation supporting the request. The director may request additional documentation prior to making a decision. Waiver requests are subject to paragraph (B) of this rule.
(B) The director may not grant a waiver request if the approval of the request is contrary to any of the following:
(1) The established standard of care for the treatment of HIV;
(2) The public interest;
(3) Federal or state law;
(4) The federal requirements for the Ryan White part B funding; or
(5) There are insufficient funds to support a waiver request.
(C) The director's decision pursuant to a waiver request is final and not subject to further review.
Supplemental Information