Section He-M 525.13 - Waivers(a) An area agency, subcontract agency, individual, representative, or provider may request a waiver of specific procedures outlined in He-M 525 by completing and submitting the department's form entitled "NH Bureau of Developmental Services Waiver Request" (July 2019) . The area agency shall submit the request in writing to the bureau administrator.(b) If the waiver request is of He-M 525.09(b) (8) or (9) , the entity requesting a waiver shall include a copy of the relevant criminal record check.(c) A completed waiver request form shall be signed by: (1) The individual, guardian, or representative indicating agreement with the request; and(2) The area agency's executive director or designee recommending approval of the waiver.(d) A waiver request shall be submitted to: Bureau of Developmental Services
Hugh J. Gallen State Office Park
105 Pleasant Street, Main Building
Concord, NH 03301
(e) All information entered on the forms described in (a) above shall be typewritten or otherwise legibly written.(f) No provision or procedure prescribed by statute shall be waived.(g) 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); and(2) Does not affect the quality of services to individuals.(h) 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.(i) Waivers shall be granted in writing for the minimum period necessary to accomplish the waiver request's purpose with the specific duration not to exceed 5 years except as in (j) -(k) below.(j) Those waivers which relate to the following shall be effective for the current certification period only:(2) Other issues relative to the health, safety or welfare of individuals that require periodic reassessment.(k) Any waiver shall end with the closure of the related program or service.(l) An area agency, subcontract agency, individual, representative, or provider 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.(m) A request for renewal of a waiver shall be approved in accordance with the criteria specified in (g) above.N.H. Admin. Code § He-M 525.13
#9391, eff 2-21-09; amd by #9890-A, eff 3-22-11, (paras (a) & (d)-(l)); amd by #9890-B, eff 3-22-11, (paras (b) & (c))
Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12859, Effective 8/28/2019, Expires 8/28/2029.