New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-A - Former Office of Alcohol and Drug Abuse Prevention
Chapter He-A 400 - RULES FOR THE NEW HAMPSHIRE ACCESS TO RECOVERY PROGRAM
Part He-A 411 - WAIVERS
Section He-A 411.01 - Waivers

Universal Citation: NH Admin Rules He-A 411.01

Current through Register No. 40, October 3, 2024

(a) Applicants, clients, care coordinators, and service providers seeking waivers of specific rules in He-A 400 shall submit a written request for a waiver to the commissioner that includes:

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

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

(3) A full explanation of alternatives proposed by the requestor, which shall be equally as protective of health and safety as the rule from which a waiver is sought; and

(4) The period of time for which the waiver is sought.

(b) Waivers shall not exceed 12 months, or the current approval period, as applicable.

(c) A request for waiver shall be granted if the commissioner determines that the alternative proposed by the requestor:

(1) Meets the objective or intent of the rule;

(2) Does not have the potential to negatively impact health or safety; and

(3) Does not negatively affect the quality of services.

(d) The requestor's subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

(e) Waivers shall not be transferable.

(f) When a requestor wishes to renew the waiver beyond the approved period of time, the requestor shall apply for a new waiver by submitting the information required by (a) above at least 15 days prior to the expiration of the waiver.

(g) The request to renew a waiver shall be subject to (b) through (f) above.

#9861, INTERIM, eff 2-8-11, EXPIRED: 8-8-11

New. #9968, eff 8-9-11

The amended version of this section by New Hampshire Register Volume 37, Number 32, eff. 7/21/2017 is not yet available.

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