Patient Needs Waiver (PNW)
Effective July 1, 2018, all freestanding skilled nursing facilities (SNFs), excluding distinct parts of general acute care hospitals (GACHs), state-owned hospitals, or developmental centers, are required to provide 3.5 direct care service hours per patient day, with CNAs performing a minimum of 2.4 hours per patient day.
Health and Safety Code section 1276.65 (c)(2) requires the California Department of Public Health (CDPH) to develop a waiver process for SNFs seeking a waiver of the 2.4 CNA requirement to address individual patient needs. A patient needs waiver will allow a facility to waive the 2.4 CNA requirement as long as the SNF continues to meet the overall 3.5 direct hours requirement as required by the legislation. A SNF seeking a patient needs waiver must submit a waiver application to CDPH. In addition, facilities must post notice of a pending or approved waiver request in the facility and must notify potential residents of the facility that they either have an approved or pending waiver application.
How to Apply
The application filing period for PNW opens annually on January 1 and must be filed no later than April 1.
The online application portal is located at the Risk & Safety Solutions (RSS) webpage (only using Google Chrome, Mozilla Firefox, or Microsoft Edge).
An applicant must be an authorized user to submit a completed online application.
A username and password is needed in order to log in. For first time waiver applicants, providers providers may go to the RSS Registration Page to register for an account.
After successfully submitting an online application, the system sends a confirmation e-mail with an identification number (tracking ID number) to the provider's designated point of contact listed on the application. All correspondence regarding the application will be sent to the point of contact. CDPH must receive all required documentation to process the application.