Section He-M 1001.19 - Waivers(a) An applicant for certification, provider, residence administrator, provider agency, area agency, or individual may request a waiver of specific procedures outlined in He-M 1001 by applying via the form entitled "NH Bureau of Developmental Services Waiver Request," incorporated by reference in He-M 1001.20(b) .(b) No provision or procedure prescribed by statute shall be waived.(c) 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 requesting entity 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.(d) The determination on the request for a waiver shall be made within 30 days of the receipt of the request.(e) 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.(f) Waivers shall be granted in writing for a specific duration not to exceed 5 years except as in (g) below.(g) Those waivers which relate to the following shall be effective for the current certification period only: (2) Other issues relative to the health, safety or welfare of individuals that require periodic reassessment.(h) Any waiver shall end with the closure of the related program or service.(i) A provider, residence administrator, subcontract agency, area agency, or individual may request a renewal of a waiver from the bureau. Such request shall be made at least 90 days prior to the expiration of a current waiver.N.H. Admin. Code § He-M 1001.19
#7681, eff 4-23-02; ss by #9696, INTERIM, eff 4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10
Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12650, Effective 10/24/2018, Expires 4/22/2028.