Section He-M 1002.18 - Waivers(a) An applicant for certification, provider, residence administrator, THSP, CMHP, provider agency, or individual may request a waiver of specific procedures outlined in this chapter, in writing, from the department.(b) A request for waiver shall include: (1) A specific reference to the section of the rule for which a waiver is being sought;(2) A full explanation of why a waiver is necessary; (3) A full explanation of alternative provisions or procedures proposed by the agency or individual;(4) If the residence is certified, the date of certification;(5) A signature of the individual(s) or legal guardian(s) indicating agreement with the request; and (6) A signature of the CMHP's executive director or designee signifying his or her recommendation for approval of the waiver. (c) No provision or procedure prescribed by statute shall be waived.(d) A request for waiver shall be granted after the commissioner determines that the alternative proposed by the community residence meets the objective or intent of the rule and: (1) Does not negatively impact the health or safety of the client(s); or(2) Does not affect the quality of services to individuals.(e) The commissioner shall make a determination on the request for a waiver within 30 days of the receipt of the request. (f) Upon receipt of approval of a waiver request, the 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.(g) With the exception of waivers granted pursuant to (h) below, and unless otherwise specified, waivers granted by the department shall have no expiration date.(h) Those waivers which relate to the following shall be effective for the current certification period only: (2) Other issues relative to client health, safety, or welfare that require periodic reassessment. (i) All waivers shall end with the closure of a community residence.(j) A provider agency, CMHP, THSP, 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 1002.18
#7762, eff 9-26-02; ss by #9795, INTERIM, eff 9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; amd by #10385, eff 7-24-13
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12742, Effective 3/20/2019, Expires 9/16/2019.Amended by Volume XXXIX Number 50, Filed December 12, 2019, Proposed by #12916, Effective 11/16/2019, Expires 11/16/2029.