Section He-W 513.12 - Waivers(a) Medicaid providers or the director of the bureau of drug and alcohol services (BDAS) seeking waivers of specific rules in He-W 513 shall submit a written request for a waiver to the commissioner that shall include: (1) The specific reference to the rule for which a waiver is being sought;(2) A full explanation of why a waiver is necessary;(3) The time period for which the waiver is requested and a full explanation of why this time period is being requested; and(4) A full explanation of alternatives proposed which shall detail how the intent of the rule will be satisfied if the waiver is granted.(b) A request for waiver shall be granted if the commissioner determines that the waiver would: (1) Meet the objective or intent of the rule;(2) Rectify problems unforeseen by the rule;(3) Meet the provider requirements of the federal regulations and the medicaid state plan; and(4) Not waive or modify any state statute or federal requirement unless such statute or requirement allows for such waiver.(c) The duration of the waiver shall be based on the information in (a) (3) above.(d) The medicaid provider's or BDAS' subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.(e) Waivers shall not be transferable.(f) When a medicaid provider or BDAS wishes to renew a non-permanent waiver beyond the approved period of time, they shall apply for a new waiver at least 60 days prior to the expiration of the existing waiver by submitting the information required by (a) above.(g) The request to renew a waiver shall be subject to (b) through (f) above.N.H. Admin. Code § He-W 513.12
Derived From Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by #12681, Effective 11/27/2018, Expires 11/27/2028.