N.H. Code Admin. R. He-P 804.10
Waivers
Effective Jan 29, 2022#2261, eff 1-17-83; ss by #3193, eff 1-28-86; rpld by #4516, eff 10-28-88; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92 New. #5511, eff 11-25-92; amd by #5665, eff 7-14-93; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99 New. #9121, eff 4-3-08, EXPIRED: 4-3-16 New. #12047, INTERIM, eff 11-19-16, EXPIRED: 5-18-17 New. #12414, eff 11-3-17; ss by #13339, eff 1-29-22Former Division of Public Health Services
(a) Applicants or licensees seeking waivers of specific rules in He-P 804 shall submit a written request for a waiver to the commissioner that includes:
- (1) The specific reference to the rule for which a waiver is being sought;
- (2) A full explanation of why a waiver is necessary;
- (3) A full explanation of alternatives proposed by the applicant or license holder, which shall be equally as protective of public health and residents as the rule from which a waiver is sought or provide a reasonable explanation why the applicable rule should be waived; and
- (4) The period of time for which the waiver is sought if less than permanent.
- (b) A waiver shall be permanent unless the department specifically places a time limit on the waiver.
(c) A request for waiver shall be granted if the commissioner determines that the alternative proposed by the applicant or licensee:
- (1) Meets the objective or intent of the rule;
- (2) Does not negatively impact the health, safety, or well-being of the residents; and
- (3) Does not negatively affect the quality of resident services.
- (d) The licensee’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.
- (e) Waivers shall not be transferable.
- (f) When a licensee wishes to renew a non-permanent waiver beyond the approved period of time, the licensee shall apply for a new waiver with the renewal application or at least 60 days prior to the expiration of the existing waiver, as appropriate, by submitting the information required by (a) above.
- (g) The request to renew a waiver shall be subject to (b) through (f) above.
Source. #2261, eff 1-17-83; ss by #3193, eff 1-28-86; rpld by #4516, eff 10-28-88; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92 New. #5511, eff 11-25-92; amd by #5665, eff 7-14-93; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99 New. #9121, eff 4-3-08, EXPIRED: 4-3-16 New. #12047, INTERIM, eff 11-19-16, EXPIRED: 5-18-17 New. #12414, eff 11-3-17; ss by #13339, eff 1-29-22