Section He-M 513.08 - Waivers(a) An area agency, family member, respite service provider, or individual may request a waiver of specific procedures outlined in He-M 513.(b) The entity requesting a waiver shall: (1) Complete the form entitled "NH Bureau of Developmental Services Waiver Request" (July 2019 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 form 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); and(2) Does not affect the quality of services to individuals.(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 grantee's subsequent compliance with the alternative provisions or procedures approved in the waiver shall be considered essential compliance with the rule for which the waiver was sought.(h) Waivers shall be granted in writing for the minimum period necessary to accomplish the waiver request purpose, with the specific duration not to exceed 5 years.(i) Any waiver shall end with the closure of the related program or service.(j) An area agency, family member, respite service provider, or individual 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 513.08
(See Revision Note at part heading for He-M 513) #4495, eff 9-23-88; EXPIRED: 9-23-94
New. #6155, eff 12-29-95; ss by #8016, eff 12-29-03; ss by #10030, eff 12-1-11
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12944, Effective 12/20/2019, Expires 6/17/2020.Amended by Volume XLI Number 41, Filed October 14, 2021, Proposed by #13263, Effective 9/22/2021, Expires 9/22/2031