Section He-M 522.20 - Waivers(a) An area agency, provider agency, or individual may request a waiver of specific procedures outlined in He-M 522 using the form titled "NH bureau of developmental services waiver request."(b) A completed waiver request form shall be signed by: (1) The individual(s) or legal guardian(s) indicating agreement with the request; and(2) The area agency's executive director or designee recommending approval of the waiver.(c) A waiver request shall be submitted to: Department of Health and Human Services
Office of Client and Legal 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 or his or her designee within 30 days if the alternative proposed by the provider agency meets the objective or intent of the rule and it: (1) Does not negatively impact the health or safety of the individual(s); and(2) Does not affect the quality of services to individuals.(f) The determination on the request for a waiver shall be made within 30 days of the receipt of the request.(g) Upon receipt of approval of a waiver request, the area agency's, provider agency's, or individual'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.(h) Waivers shall be granted in writing for a specific duration not to exceed 5 years except as in (i) below.(i) Any waiver shall end with the closure of the related program or service.(j) An area agency, provider agency, or individual may request a renewal of a waiver from the department. Such request shall be made at least 90 days prior to the expiration of a current waiver.N.H. Admin. Code § He-M 522.20
#9734, eff 6-25-10 (from He-M 522.16 )
The amended version of this section by New Hampshire Register Volume 38, Number 50, eff. 11/30/2018 is not yet available.