1. (a) Applicants or licensees shall request a waiver through the NHCIS portal or by providing the following information in writing to the unit:

   1. (1) The program name, address, phone number, email address, and license number;
   2. (2) The rule numbers for which the program is requesting a waiver;
   3. (3) A brief explanation of the reason for the waiver, the length of time for which the waiver is requested, how the program will meet the intent of the rule, and any affect the granting of the waiver will have on the health and safety of the residents in the program; and
   4. (4) The number and range of ages of the residents affected by the waiver.

2. (b) The unit shall grant a waiver if it determines the alternative proposed by the applicant or licensee:

   1. (1) Meets the objective or intent of the rule;
   2. (2) Does not negatively affect the health, safety, or well-being of the residents; and
   3. (3) Does not negatively affect the quality of resident services.
3. (c) A program’s compliance with an approved waiver shall be considered equivalent to complying with the rule from which waiver was sought.
4. (d) The unit shall not approve any request for a waiver of any of the provisions of RSA 170-E or of any rules of other state agencies which are referred to in this chapter.

Source. #14214, eff 4-1-25