N.H. Code Admin. R. He-E 503.10 – Waivers

(a) Contract agencies who wish to request a waiver of a requirement contained in He-E 503 shall submit a letter to the bureau on the contract agency’s letterhead through one or more of the following means:
1. (1) E-mail to baas@dhhs.nh.gov;
2. (2) Fax to (603) 271-4643; or
3. (3) Mail by postal mail to:
  The NH Department of Health and Human Services
  Bureau of Adult and Aging Services
  105 Pleasant St., Main Building
  Concord, NH 03301
(b) The waiver request shall be signed by the contract agency’s executive director or designee and shall include:
1. (1) The specific requirement in He-E 503 that the contract agency requests be waived;
2. (2) The reason why the waiver is being requested; and
3. (3) The alternative proposed by the contract agency to satisfy the requirements of He-E 503.
(c) The department shall review the request, and within 60 calendar days of the date the request was received, inform the contract agency in writing of the decision.
(d) The waiver request shall be approved if the alternative proposed by the contract agency meets the intent of He-E 503 and does not:
1. (1) Negatively impact the health or safety of the eligible person or the primary caregiver;
2. (2) Affect the quality of services provided; or
3. (3) Waive any provision or procedure in statute.
(e) Waivers that are approved shall become effective as of the date of the written approval in accordance with He-E 503.10(c) above.
(f) Waivers that relate to the health, safety, or welfare of eligible persons or primary caregivers shall be effective for the remaining period of the primary caregiver’s eligibility period and subject to the primary caregiver’s continued eligibility.
(g) Contract agencies who wish to request a renewal of a waiver shall request a renewal at least 90 calendar days prior to the expiration of a current waiver by following the steps contained in He-E 503.10 (a) through (e) above.
(h) Any waiver shall end with the closure of the program or applicable service.

Source. #13437