Section He-E 801.37 - Waivers(a) An applicant, case manager, provider agency, participant, or guardian, may request a waiver of specific procedures outlined in this part using the form titled BEAS 3865 "Choices for Independence Program Waiver Request Form." (January 2022) The case management agency or provider agency shall submit the request in writing to (c) below.(b) A completed waiver request form shall be signed by:(1) The participant or the participant's legal representative indicating agreement with the request; and(2) The case manager and provider agency executive director or designee recommending approval of the waiver.(c) A waiver request shall be submitted electronically or mailed to: Bureau of Elderly and Adult Services
Hugh J. Gallen State Office Park
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 within 30 calendar days if the alternative proposed by the requesting entity meets the objective or intent of the applicable section of this part, and it: (1) Does not negatively impact the health or safety of the participant(s);(2) Does not affect the quality of services provided to participants; and (3) All required criminal records checks have been completed no earlier than a year before the date of the waiver request; and(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 the waiver was sought.(g) Waivers shall be granted in writing and shall not expire except as in (h) and (i) below.(h) Those waivers which relate to other issues relative to the health, safety, or welfare of participants that require periodic reassessment shall be effective for one year only.(i) Any waiver shall end with the closure of the related program or service.(j) A requesting entity may request a renewal of a waiver from the department. Such request shall be made at least 90 calendar days prior to the expiration of a current waiver and shall be granted in accordance with paragraphs (a) through (f) above.N.H. Code Admin. R. He-E 801.37
Derived from Volume XLII Number 6, Filed February 10, 2022, Proposed by #13340, Effective 1/29/2022, Expires 1/29/2032 (formerly He-E 801.34).