N.H. Code Admin. R. He-W 589.09
Waivers
Effective Nov 25, 2025#4925, INTERIM, eff 8-31-90; ss by #5038, eff 12-28-90; ss by #5456, eff 9-1-92, EXPIRED: 9-1-98 New. #6861, INTERIM, eff 10-2-98, EXPIRED: 1-30-99 New. #6987, eff 4-27-99; ss by #8874, INTERIM, eff 4-25-07, EXPIRED 10-22-07 New. #9035, eff 11-22-07; ss by #11025, eff 1-23-16; renumbered by #12607, EMERGENCY RULE, (formerly He-M 1301.08) (renumbered as He-M 1301.08 again pursuant to RSA 541-A:18, V upon expiration 2-16-19 of #12607); ss by #12861, EMERGENCY RULE, eff 8-28-19 (formerly He-M 1301.08) New. #12994, eff 2-21-20 (formerly He-M 1301.09) (See Revision Note at part heading for He-W 589); ss by #14432, eff 11-25-25, EXPIRES: 11-25-35Former Division of Human Services
- (a) An enrolled school provider may request a waiver of specific procedures outlined in He-W 589 by writing to the department.
- (b) The waiver shall be requested in writing to the department, detailing which rule provision is to be waived and how the school plans to meet the objective or intent of the rule.
(c) A waiver request shall be submitted to:
Department of Health and Human Services
Office of Medicaid Medical Services
Hugh J. Gallen State Office Park
129 Pleasant Street, Brown Building
Concord, NH 03301
- (d) No federally mandated requirement and no provision or procedure prescribed by state statute shall be waived.
(e) The request for a waiver shall be granted by the commissioner or their designee within 30 days if the waiver:
- (1) Meets the objective or intent of the rule;
- (2) Does not negatively impact the health or safety of the student(s); and
- (3) Does not affect the quality of services to students.
- (f) Upon receipt of approval of a waiver request, the enrolled school provider’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.
- (g) Waivers shall be effective for a maximum of 2 years if requested by the provider and the waiver addresses the reason for the waiver.
- (h) An enrolled school provider may request a renewal of a waiver from the department. Such request shall be made at least 30 days prior to the expiration of a current waiver. A request for renewal of a waiver shall be approved in accordance with the criteria specified in (e) above.
Source. #4925, INTERIM, eff 8-31-90; ss by #5038, eff 12-28-90; ss by #5456, eff 9-1-92, EXPIRED: 9-1-98 New. #6861, INTERIM, eff 10-2-98, EXPIRED: 1-30-99 New. #6987, eff 4-27-99; ss by #8874, INTERIM, eff 4-25-07, EXPIRED 10-22-07 New. #9035, eff 11-22-07; ss by #11025, eff 1-23-16; renumbered by #12607, EMERGENCY RULE, (formerly He-M 1301.08) (renumbered as He-M 1301.08 again pursuant to RSA 541-A:18, V upon expiration 2-16-19 of #12607); ss by #12861, EMERGENCY RULE, eff 8-28-19 (formerly He-M 1301.08) New. #12994, eff 2-21-20 (formerly He-M 1301.09) (See Revision Note at part heading for He-W 589); ss by #14432, eff 11-25-25, EXPIRES: 11-25-35