N.H. Code Admin. R. He-M 519.09 - Waivers
(a) An area agency or regional family support
council may request a waiver of specific procedures outlined in He-M 519 by
completing and submitting to the department the form entitled "NH Bureau of
Developmental Services Waiver Request" (January 2018 edition) .
(b) A completed waiver request form shall
include signatures by the family support council chairperson or designee
indicating agreement with the request and 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
Bureau of Developmental Services
Hugh J. Gallen State Office Park
105 Pleasant Street, Main Building
Concord, NH 03301
(d) All information entered on the forms
described in (a) above shall be typewritten or otherwise legibly
written.
(e) No provision or
procedure prescribed by statute shall be waived.
(f) 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.
(g) 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.
(h) Waivers shall be
granted in writing for a specific duration not to exceed 5 years except as in
(i) below.
(i) 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.
(j) A request for renewal of a waiver shall
be approved in accordance with the criteria specified in (f) above.
Notes
#5929, eff 12-1-94, EXPIRED: 12-1-00
New. #7830, eff 2-13-03, EXPIRED: 2-13-11
New. #9879-A, eff 2-26-11, (paras (a) & (d)-(j)); #9879-B, eff 2-26-11, (paras (b)-(c))
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