1. (a) A provider applicant, area agency, provider agency, individual, guardian, or provider may request a waiver of specific procedures outlined in He-M 504 by completing and submitting the form titled “NH Bureau of Developmental Services Waiver Request” (October 2023 edition) in accordance with (b) and (c) below.
2. (b) A completed waiver request form shall be signed by the provider agency’s executive director or designee recommending approval of the waiver.

3. (c) A waiver request shall be submitted to the department via:

   1. (1) Email at bds@dhhs.nh.gov; or

   2. (2) By mail to:

      Bureau of Developmental Services

      Hugh J. Gallen State Office Park

      105 Pleasant Street, Main Building

      Concord, NH 03301

4. (d) No provision of procedure prescribed by statue shall be waived.

5. (e) The request for a waiver shall be granted by the commissioner or designee within 30 days if the alternative proposed by the requesting entity meets the objective or intent of the rule and it:

   1. (1) Does not negatively impact the health or safety of the individual(s); and
   2. (2) Does not affect the quality of services to individuals.
6. (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.
7. (g) Waivers shall be granted in writing for the minimum period necessary to accommodate the waiver request, with a specific duration not to exceed 5 years except as in (h)-(i) below.
8. (h) Any waiver shall end with the closure, termination, revocation, or suspension of the related program or service.
9. (i) A requesting entity may request a renewal of a waiver from the bureau. Such request shall be made at least 30 days prior to the expiration of a current waiver.

Source. #13679, EMERGENCY RULE, eff 6-28-23; ss by #13807, eff 11-17-23; (see also Revision Note at part heading for He-M 504)