Section He-M 519.09 - Waivers(a) An area agency or regional family support council may request a waiver of specific procedures outlined in He-M 519 by completing and submitting to the department the form entitled "NH Bureau of Developmental Services Waiver Request" (January 2018 edition) .(b) A completed waiver request form shall include signatures by the family support council chairperson or designee indicating agreement with the request and 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
Bureau of Developmental Services
Hugh J. Gallen State Office Park
105 Pleasant Street, Main Building
Concord, NH 03301
(d) All information entered on the forms described in (a) above shall be typewritten or otherwise legibly written.(e) No provision or procedure prescribed by statute shall be waived.(f) 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.(g) 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.(h) Waivers shall be granted in writing for a specific duration not to exceed 5 years except as in (i) below.(i) 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.(j) A request for renewal of a waiver shall be approved in accordance with the criteria specified in (f) above.N.H. Admin. Code § He-M 519.09
#5929, eff 12-1-94, EXPIRED: 12-1-00
New. #7830, eff 2-13-03, EXPIRED: 2-13-11
New. #9879-A, eff 2-26-11, (paras (a) & (d)-(j)); #9879-B, eff 2-26-11, (paras (b)-(c))
Amended by Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12784, Effective 5/21/2019, Expires 5/21/2029.