Section He-M 517.11 - Waivers(a) An applicant, area agency, provider agency, individual, guardian, or provider may request a waiver of specific procedures outlined in He-M 517 using the form titled "NH bureau of developmental services waiver request" (September 2013 edition) . The area agency shall submit the request in writing to the bureau administrator.(b) A completed waiver request form shall be signed by:(1) The individual or guardian indicating agreement with the request; and(2) The area agency's executive director or designee recommending approval of the waiver.(c) A waiver request shall be submitted to: Department of Health and Human Services
Office of Client and Legal 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 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 a specific duration not to exceed 5 years except as in (h) below.(h) Those waivers which relate to other issues relative to the health, safety or welfare of individuals that require periodic reassessment shall be effective for the current certification period only.(i) Any waiver shall end with the closure of the related program or service.(j) A requesting entity 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.N.H. Admin. Code § He-M 517.11
#8424, eff 9-1-05 (from He-M 517.10 ); ss by #10454, eff 10-31-13