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CMS SOM App. H, Tag V420

§494.60(d)(4) – In consideration of a recommendation by the State survey agency or at the

activein force · 2026-07-22 – presentas-observed

discretion of the Secretary, the Secretary may waive, for periods deemed appropriate,

specific provisions of the Life Safety Code, which would result in unreasonable hardship

upon an ESRD facility, but only if the waiver will not adversely affect the health and safety

of the patients.

Interpretive Guidance § 494.60(d)(4)

CMS may waive specific provisions of the Life Safety Code (LSC). This waiver may be granted if

the facility is unable to comply with a specific requirement of the LSC, and if complying with that

requirement would cause an unreasonable hardship for the dialysis facility. The waiver will only

be granted if it is determined that the health and safety of the dialysis facility’s patients are not

adversely affected by the waiver. In some cases, the waiver may be limited to a specific time

period.

Page 178 of 420

Guidance on the LSC waiver process is found in Appendix I of the State Operations Manual

(SOM).

History

Rev.

Provenance

Source
cms.gov
Retrieved
2026-07-22
Edition
som-2026-07-22
Content hash
157cbd373d7222e8589b5ba9bd2c5923b1ebf262ff6b62abc6b4a0da205395c0
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