N.H. Code Admin. R. He-M 517.11 - Waivers
(a) An applicant, area agency, provider
agency, individual, guardian, or provider may request a waiver of specific
procedures outlined in He-M 517 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:
Department of Health and Human Services
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 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) 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.
Notes
#8424, eff 9-1-05 (from He-M 517.10 ); ss by #10454, eff 10-31-13
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