N.H. Code Admin. R. He-M 526.12 – Waivers

(a) An applicant or DRF may request a waiver of specific procedures outlined in He-M 526 by working with the area agency to complete and submit the form titled “NH Bureau of Developmental Services Waiver Request” (September 2013 edition).
(b) A completed waiver request form submitted by an applicant or DRF shall be signed by:
1. (1) The individual, guardian, or representative indicating agreement with the request; and
2. (2) The area agency’s executive director or designee recommending approval of the waiver.
(c) A waiver request shall be submitted to:
Office of Client and Legal Services
State Office Park South
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 if the alternative proposed by the applicant or DRF 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 negatively affect the quality of services to individuals.
(f) The determination on the request for a waiver shall be made within 30 days of the receipt of the request.
(g) Upon receipt of approval of a waiver request, the applicant’s or DRF’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.
(h) Waivers shall be granted in writing for a specific duration not to exceed 5 years except as in (i) below.
(i) Any waiver shall end with the closure of the related program or service.
(j) An applicant or DRF may request a renewal of a waiver from the department in accordance with (a) through (c) above. Such request shall be made at least 90 days prior to the expiration of a current waiver.

Source. #6213, eff 3-30-96, EXPIRED: 12-31-98 New. #7089, eff 8-31-99, EXPIRED: 8-31-07 New. #9059, eff 1-3-08; ss by #11009, INTERIM, eff 1-3-16, EXPIRES: 7-1-16; ss by #11125, eff 7-1-16