Section He-M 202.10 - Waivers(a) A area agency or program may request a waiver of specific procedures outlined in He-M 202 using the form titled "NH Bureau of Developmental Services Waiver Request."(b) The entity requesting a waiver shall: (1) Complete the form entitled "NH Bureau of Developmental Services Waiver Request" (September 2007 edition); 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 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);(2) Does not affect the quality of services to individuals; and(3) Does not interfere with the procedural or substantive rights afforded an individual under He-M 202, He-M 310, and RSA 171-A:14, 15, and 29.(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 program's or area 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 a specific duration not to exceed 5 years except as in (i) below.(i) Any waiver shall end with the closure of the related program or service.(j) An area agency or program 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.(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 202.10
(See Revision Note at part heading for He-M 202) #5830, eff 5-24-94, EXPIRED: 5-24-00
New. #7730, eff 7-24-02; ss by #9754, INTERIM, eff 7-24-10, EXPIRED: 1-20-11
New. #9962, eff 8-15-11