Section He-M 1201.14 - Waivers(a) An area agency, provider agency or individual may request a waiver of specific procedures outlined in this chapter, in writing, from the department.(b) The entity requesting a waiver shall: (1) Complete the form entitled "NH Bureau of Developmental Services Request for Waiver to HeM 1201" (May 2020 edition) certifying that policies and procedures are in place for: a. Nurse trainer oversight of authorized staff; and b. Communication protocols between day and residential services; and(2) Include a signature from the individual(s) or legal guardian(s) indicating agreement with the request and the area agency's executive director or designee recommending approval of the waiver.(c) All information entered on the forms described in (b) above shall be typewritten or otherwise legibly written.(d) No provision or procedure prescribed by statute shall be waived.(e) The request for waiver shall be granted by the commissioner of the department 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 the individual(s).(f) The determination on the request for a waiver shall be made within 30 days of the receipt of the request.(g) Upon receipt of approval of a waiver request, the area agency's, individual's, or provider agency'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 granted in writing for the minimum period necessary to accomplish the waiver request's purpose, with the specific duration not to exceed 5 years.(i) All waivers related to certified settings shall end with the termination of certification.(j) An area agency, provider agency 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.(k) A request for renewal of a waiver shall be approved in accordance with the criteria specified in (e) above.N.H. Admin. Code § He-M 1201.14
(See Revision Note at part heading for He-M 1201) #4809, eff 5-1-90; ss by #6000, eff 3-21-95; amd by #7010, EMERGENCY, eff 6-1-99, EXPIRES: 9-29-99; amd by #7076, eff 8-24-99; amd by #7836, INTERIM, eff 3-22-03, EXPIRES: 9-18-03; ss by #7956, eff 9-19-03; ss by #9982, eff 9-19-11 (from He-M 1201.13 )
Amended by Volume XXXIX, Number 41, Filed October 10, 2019, Proposed by #12876, Effective 9/25/2019, Expires 3/23/2020.Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13057, Effective 6/17/2020, Expires 6/17/2030