Section He-W 589.09 - Waivers(a) An enrolled school provider may request a waiver of specific procedures outlined in He-W 589 by writing to the department.(b) A completed waiver request shall be signed by the enrolled school provider's designee and if requesting a waiver for a BCBA include a copy of the individual's board certification and an attestation by the school that an OIG screening was performed.(c) The waiver shall be requested in writing to the department, detailing which rule provision is to be waived and how the school plans to meet the objective or intent of the rule.(d) A waiver request shall be submitted to: Department of Health and Human Services
Office of Medicaid Medical Services
Hugh J. Gallen State Office Park
129 Pleasant Street, Brown Building
Concord, NH 03301
(e) No federally mandated requirement and no provision or procedure prescribed by state statute shall be waived.(f) The request for a waiver shall be granted by the commissioner or his or her designee within 30 days if the waiver: (1) Meets the objective or intent of the rule;(2) Does not negatively impact the health or safety of the student(s); and(3) Does not affect the quality of services to students.(g) Upon receipt of approval of a waiver request, the enrolled school provider'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 effective for a maximum of 2 years.(i) An enrolled school provider may request a renewal of a waiver from the department. Such request shall be made at least 30 days prior to the expiration of a current waiver. A request for renewal of a waiver shall be approved in accordance with the criteria specified in (f) above.N.H. Admin. Code § He-W 589.09
Derived from Volume XL Number 11, Filed March 12, 2020, Proposed by #12994, Effective 2/21/2020, Expires 2/21/2030.