Delaware Code Title 16. Health and Safety § 1168. Waiver

A residential health facility may seek from the Delaware Nursing Home Residents Quality Assurance Commission a time-limited waiver of the minimum staffing requirements required under § 1162(c) and (e) of this title.  Such waiver will only be granted upon a showing of exigent circumstances, including but not limited to documented evidence of the facility's best efforts to meet the minimum staffing requirements under § 1162(c) and (e) of this title.  Any such waiver will be time-limited and will include a plan and a timeline for compliance with this chapter.  The Commission may seek input from the Department of Labor in terms of issues of labor availability in connection with any waiver request under this section.