N.H. Code Admin. R. He-M 521.14 - Waivers
(a) An area agency, provider agency,
individual, guardian, representative, or provider may request a waiver of
specific procedures outlined in He-M 521 by completing and submitting 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, guardian(s), or representative(s) 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 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) below.
(h) Any waiver shall end
with the closure of the related program or service.
(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.
Notes
#9475, eff 5-22-09 (from He-M 521.12 )
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