Section He-M 1301.08 - Waivers(a) An enrolled provider may request a waiver of specific procedures outlined in He-M 1301 by writing to the administrator of the bureau.(b) A completed waiver request shall be signed by the enrolled provider's designee.(c) A waiver request shall be submitted to: Department of Health and Human Services
Office of Client and Legal Services
State Office Park South
105 Pleasant Street, Main Building
Concord, NH 03301
(d) No federally mandated requirement and no provision or procedure prescribed by state statute shall be waived.(e) 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 enrolled provider:(1) Meets the objective or intent of the rule;(2) Does not negatively impact the health or safety of the student(s); and(3) Does not affect the quality of services to students.(f) Upon receipt of approval of a waiver request, the enrolled provider'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) Waivers shall be effective for a maximum of 3 years.(h) An enrolled provider may request a renewal of a waiver from the department. Such request shall be made at least 30 days prior to the expiration of a current waiver.N.H. Admin. Code § He-M 1301.08
#4925, INTERIM, eff 8-31-90; ss by #5038, eff 12-28-90; ss by #5456, eff 9-1-92, EXPIRED: 9-1-98
New. #6861, INTERIM, eff 10-2-98, EXPIRED: 1-30-99
New. #6987, eff 4-27-99; ss by #8874, INTERIM, eff 4-25-07, EXPIRED 10-22-07
New. #9035, eff 11-22-07
Amended by Volume XXXVI Number 06, Filed February 11, 2016, Proposed by #11025, Effective 1/23/2016, Expires 1/23/2026.The amended version of this section by New Hampshire Register Volume 39, Number 37, eff.8/28/2019 is not yet available.