Section He-E 501.27 - Waivers(a) A provider may request a waiver of a requirement(s) contained in He-E 501 by sending a letter to the department on the provider's letterhead, and shall submit the request to the attention of the department by: (1) Email to beas@dhhs.nh.gov; or(2) Fax to (603) 271-4643; or(3) Mail to: The Department of Health & Human Services
Bureau of Elderly and Adult Services
105 Pleasant St., Main Building
Concord NH 03301.
(b) The waiver request shall be signed by the provider's executive director or designee, and shall include: (1) The specific requirement(s) in He-E 501 that the provider requests to have waived;(2) The reason why the waiver is being sought; and(3) The alternative proposed by the provider to satisfy the requirements of He-E 501.(c) The department shall review the request, and within 30 calendar days of the date the request was received, determine whether or not to approve it.(d) The waiver request shall be approved if the alternative proposed by the provider meets the objective or intent of He-E 501, and, in the opinion of the department, the waiver: (1) Shall not negatively impact the health or safety of the individual(s); (2) Shall not affect the quality of services provided to individuals by the provider; and(3) Shall not waive any provision or procedure prescribed by statute.(e) The department shall inform the provider in writing of the decision on the waiver request.(f) Waivers that are approved shall become effective as of the date of the written notice referred to in (e) above, and shall not expire except as follows: (1) Those waivers which relate to the health, safety, or welfare of individuals and require periodic reassessment shall be effective for one calendar year only subject to the participant's continued eligibility; and(2) Any waiver shall end with the closure of the related program or service.(g) The provider may request a renewal of a waiver from the department, and such a request shall be made at least 90 calendar days prior to the expiration of a current waiver and following the steps described in He-E 501.28(a) -(e) . (h) The request to renew a waiver shall be granted based on the requirements stipulated in He-E 501.23(d) . N.H. Code Admin. R. He-E 501.27
Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12720, Effective 1/29/2019, Expires 7/29/2019.Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by # 12936, Effective 12/7/2019, Expires 12/7/2029.