N.H. Admin. Code § He-P 813.25

Current through Register No. 45, November 7, 2024

Section He-P 813.25 - Waivers

(a) An oversight agency may request a waiver of specific procedures outlined in this rule, in writing, from the department.

(b) A request for waiver shall include:

(1) A specific reference to the section of the rule for which a waiver is being sought;

(2) A full explanation of why a waiver is necessary;

(3) A full explanation of alternative provisions or procedures being proposed;

(4) If the residence is certified, the date of certification;

(5) If it applies to a specific resident, the signature of the resident(s) or legal guardian(s) indicating knowledge of the request; and

(6) Signature of the oversight agency's executive director or designee approving that a waiver be requested.

(c) A request for waiver shall be submitted to:

Health Facilities Administration

Department of Health and Human Services

129 Pleasant Street- Brown Building

Concord NH 03301

(d) No provision or procedure prescribed by statute shall be waived.

(e) A request for waiver shall be granted after the commissioner or his or her designee within 30 days if the alternative proposed by the AFCR meets the objective or intent of the rule and:

(1) Does not negatively impact the health or safety of the resident(s); or

(2) Is administrative in nature, and does not affect the quality of resident care.

(f) The determination on the request for waiver shall be made within 30 days of the receipt of the request.

(g) Upon receipt of approval of a waiver request, the oversight agency's or AFCR's subsequent compliance with the alternative provisions or procedures approved in the waiver shall be considered compliance with the rule for which the 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) Those waivers which relate to the following shall be effective for the current certification period only:

(1) Fire safety; or

(2) Other issues relative to resident health, safety or welfare that require periodic reassessment.

(j) All waivers shall end with the closure of an AFCR.

(k) An AFCR applicant, family provider or oversight agency may request a renewal of a waiver from the department. Such request shall be made at least 90 days prior to the expiration of a current waiver.

N.H. Admin. Code § He-P 813.25

#9899-A, eff 3-29-11 (from He-P 813.10 )

Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12740, Effective 3/20/2019, Expires 9/16/2019.