Section He-P 601.16 - Waivers(a) Applicants or OQA seeking waivers of specific rules requirements in He-P 601 shall submit written requests for waivers to the commissioner.(b) The written request for a waiver shall include: (1) Identification of the specific section of the rule for which a waiver is being sought;(2) A full explanation of why the applicant or OQA believes the waiver is necessary;(3) A full explanation of alternatives proposed by the applicant or the OQA; and(4) The period of time for which the waiver is sought, which shall be no longer than 12 months after the waiver request date, except as allowed by He-P 601.11(h).(c) A request for a waiver shall be granted only if the commissioner of the department determines that the alternative proposed by the applicant or OQA:(1) Meets the objective or intent of the rule; and(2) Either: a. Does not negatively impact the health or safety of the individuals being served by the OQA; orb. Is administrative in nature and does not affect the quality of care provided to individuals. (d) All waivers, except as allowed by He-P 601.11(h), shall expire on the same day as the certificate or 12 months after the request, whichever is sooner.(e) The OQA's subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.(f) Waivers shall not be transferable.(g) If a OQA wishes to extend the waiver beyond the period of time in (d) above, the OQA shall apply for a new waiver at least 60 days prior to the expiration of the existing waiver by submitting the information required by (b) above.(h) The request to extend a waiver shall be subject to (b) through (g) above.N.H. Admin. Code § He-P 601.16
(See Revision Notes # 1 and #2 at chapter heading for He-P 600) #9898-A, eff 3-29-11
Amended by Volume XL Number 41, Filed October 8, 2020, Proposed by #13115, Effective 10/1/2020, Expires 10/1/2030