Section He-M 503.17 - Waivers(a) An applicant, area agency, service coordination agency, provider agency, individual, guardian, representative, or provider may request a waiver of specific procedures outlined in He-M 503 by completing and submitting the form titled "NH Bureau of Developmental Services Waiver Request" (October 2023). The request shall be sent in writing to the bureau administrator.(b) A completed waiver request form shall be signed by: (1) The individual, guardian, or representative indicating agreement with the request; and(2) If applicable, the area agency, service coordination agency, or provider agency's executive director or designee recommending approval of the waiver.(c) A waiver request shall be submitted to the department via:(1) Email at bds@dhhs.nh.gov; or(2) By mail to: Bureau of Developmental Services
Hugh J. Gallen State Office Park
105 Pleasant Street, Main Building
Concord, NH 03301
(d) No provision or procedure prescribed by statute shall be waived.(e) The request for a waiver shall be granted by the commissioner or their 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 individuals.(f) Upon receipt of approval of a waiver request, the requesting entity'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 granted in writing for the minimum period necessary to accommodate the waiver request, with a specific duration not to exceed 5 years except as in (h)-(i) below.(h) Any waiver shall end with the closure of the related program or service.(i) A requesting entity may request a renewal of a waiver from the bureau. Such request shall be made at least 30 days prior to the expiration of a current waiver.N.H. Admin. Code § He-M 503.17
#8805, eff 1-27-07 (from He-M 503.14 )
Amended byVolume XXXV Number 06, Filed February 12, 2015, Proposed by #10774, Effective 1/27/2015, Expires7/27/2015.Amended by Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10900, Effective 7/25/2015, Expires7/25/2025.Amended by Number 2, Filed January 11, 2024, Proposed by #13841, Effective 12/29/2023, Expires 12/29/2033 (formerly He-M 503.18).