Requesting a Waiver from OASAS Operating Regulations

The Commissioner may grant a waiver of a requirement not specifically required by law, if the Commissioner determines that:

meeting the requirement would impose an unreasonable hardship;
the health and safety of patients/residents would not be diminished; and
the best interests of the patients/residents and the service would be served.

In considering a request for a waiver, the Commissioner will consider such factors as the special needs of the population(s) to be served, geographic distances and transportation problems, staff availability, long range plans of the chemical dependence service, alternatives, and any other relevant information.

A request for a waiver must be submitted in writing, must contain substantial documentation to support the need for the waiver, and must include such other information as the Commissioner may require. Special limits, conditions or restrictions may be established by the Commissioner in granting a waiver.

These and other conditions are addressed by submitting an "OASAS Waiver Request Form". This form is in .pdf format and can be viewed and printed using Adobe Acrobat® Reader™. If you do not have the Acrobat Reader, you can download a free copy by clicking the icon below. For information on obtaining a hard copy of the below form, please contact the Waiver Review Committee Chairperson at (518) 485-2317or via e-mail.

Waiver Request Form (Adobe Acrobat) (16 KB)