Section He-M 510.17 - Waivers(a) An area agency, FCESS program, parent, or provider may request a waiver of specific procedures outlined in He-M 510.(b) The entity requesting a waiver shall:(1) Complete the form entitled "NH Bureau of Developmental Services Waiver Request" (July 2019 edition); and(2) Include a signature from the parent(s) or legal guardian(s) indicating agreement with the request and the area agency's executive director or designee recommending approval of the waiver.(c) No provision or procedure prescribed by statute or federal regulation shall be waived.(d) The request for a waiver shall be granted by the commissioner or the commissioner's designee within 30 calendar days if the alternative proposed by the requesting entity meets the objective or intent of the rule and it: (1) Does not negatively impact the health or safety of the child; and(2) Does not affect the quality of services to the child.(e) The determination on the request for a waiver shall be made within 30 calendar days of the receipt of the request.(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 waiver was sought.(g) Waivers shall be granted in writing for a specific duration not to exceed 5 years except as in (i) below.(h) Any waiver shall end with the closure of the related program or service.(i) The 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.N.H. Admin. Code § He-M 510.17
#9594, eff 11-11-09; ss by #10325, eff 4-26-13 (from He-M 510.18 )
Amended by Number 41, Filed October 12, 2023, Proposed by #13753, Effective 9/27/2023, Expires 9/27/2033.