Section He-M 1202.12 - Waivers(a) An agency 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; and(3) A full explanation of alternative provisions or procedures proposed by the agency or individual;(4) For an agency where 2 or fewer clients reside, the signature of the individual(s) or legal guardian(s) indicating agreement with the request; and(5) Signature of the agency's executive director or designee recommending 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 meets the objective or intent of the rule and: (1) Does not negatively impact the health or safety of the individual(s); or(2) Is administrative in nature, and does not affect the quality of the individual's care.(e) Upon receipt of approval of a waiver request, the 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.(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 an individual's health, safety or welfare, or otherwise require periodic reassessment, shall be effective for the current certification period only.(h) All waivers shall end with the closure of a community residence.(i) An agency 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 1202.12
#7957, eff 9-19-03; ss by #9978, INTERIM, eff 9-19-11, EXPIRES: 3-19-12
Amended by Volume XXXVII Number 23, Filed June 8, 2017, Proposed by #12192, Effective 5/26/2017, Expires 5/26/2027.