1. (a) An applicant, area agency, provider agency, individual, guardian, or provider may request a waiver of specific procedures outlined in He-M 518 by completing and submitting the form titled “NH bureau of developmental services waiver request” (October 2023 edition). The waiver request shall be submitted in writing to the bureau administrator.

2. (b) A completed waiver request form shall be signed by:

   1. (1) The individual or guardian indicating agreement with the request; and
   2. (2) The area agency or provider agency’s executive director or designee recommending approval of the waiver, when the waiver is requested by an area agency or a provider agency.

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:

      The Bureau of Developmental Services

      Hugh J. Gallen State Office Park

      105 Pleasant Street, Main Building

      Concord, NH 03301

4. (d) No provision or procedure prescribed by statute shall be waived.

5. (e) The request for a waiver shall be granted by the commissioner or their 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 the specific duration not to exceed 5 years except as in (h) and (i) below.
8. (h) Any waiver shall end with the closure 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 90 days prior to the expiration of a current waiver.

Source. #10493, eff 2-18-14 (from He-M 518.09); ss by #14040, eff 8-1-24