N.H. Code Admin. R. He-M 507.17 - Waivers
(a) An applicant, area agency, provider
agency, individual, guardian, or provider may request a waiver of specific
procedures outlined in He-M 507 using the form titled "NH bureau of
developmental services waiver request" (September 2013 edition) . The area
agency shall submit the request in writing to the bureau
administrator.
(b) A completed
waiver request form shall be signed by:
(1)
The individual or guardian indicating agreement with the request; and
(2) The area agency's executive director or
designee recommending approval of the waiver.
(c) A waiver request shall be submitted to:
Office of Client and Legal Services
Hugh J. Gallen State Office Park
105 Pleasant Street, Main Building
Concord, NH 03301
(d) No provision or procedure prescribed by
statute shall be waived.
(e) The
request for a waiver shall be granted by the commissioner or his or her
designee within 30 days if the alternative proposed by the requesting entity
meets the objective or intent of the rule and it:
(1) Does not negatively impact the health or
safety of the individual(s); and
(2) Does not affect the quality of services
to individuals.
(f) Upon
receipt of approval of a waiver request, the requesting entity's subsequent
compliance with the alternative provisions or procedures approved in the waiver
shall be considered compliance with the rule for which waiver was
sought.
(g) Waivers shall be
granted in writing for a specific duration not to exceed 5 years except as in
(h) and (j) below.
(h) Those
waivers which relate to other issues relative to the health, safety or welfare
of individuals that require periodic reassessment shall be effective for the
current certification period only.
(i) Any waiver shall end with the closure of
the related program or service.
(j)
A requesting entity may request a renewal of a waiver from the bureau. Such
request shall be made at least 90 days prior to the expiration of a current
waiver.
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