N.H. Code Admin. R. He-M 513.08 - Waivers
(a) An area agency, family member, respite
service provider, or individual may request a waiver of specific procedures
outlined in He-M 513.
(b) The
entity requesting a waiver shall:
(1)
Complete the form entitled "NH Bureau of Developmental Services Waiver Request"
(July 2019 edition); and
(2)
Include a signature from the individual(s) or legal guardian(s) indicating
agreement with the request and the area agency's executive director or designee
recommending approval of the waiver.
(c) All information entered on the form
described in (b) above shall be typewritten or otherwise legibly
written.
(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) The
determination on the request for a waiver shall be made within 30 days of the
receipt of the request.
(g) Upon
receipt of approval of a waiver request, the grantee's subsequent compliance
with the alternative provisions or procedures approved in the waiver shall be
considered essential compliance with the rule for which the waiver was
sought.
(h) Waivers shall be
granted in writing for the minimum period necessary to accomplish the waiver
request purpose, with the specific duration not to exceed 5 years.
(i) Any waiver shall end with the closure of
the related program or service.
(j)
An area agency, family member, respite service provider, or individual 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.
(k) A request for renewal of a waiver shall
be approved in accordance with the criteria specified in (e) above.
Notes
(See Revision Note at part heading for He-M 513) #4495, eff 9-23-88; EXPIRED: 9-23-94
New. #6155, eff 12-29-95; ss by #8016, eff 12-29-03; ss by #10030, eff 12-1-11
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