New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 800 - RESIDENTIAL CARE AND HEALTH FACILITY RULES
Part He-P 820 - INDIVIDUAL HOME CARE SERVICE PROVIDERS
Section He-P 820.08 - Waivers

Universal Citation: NH Admin Rules He-P 820.08

Current through Register No. 40, October 3, 2024

(a) Applicants or registrants seeking waivers of specific rules in He-P 820 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; and

(3) A full explanation of alternatives proposed by the applicant or registrant, which shall be equally as protective of public health and clients as the rule from which a waiver is sought or provide a reasonable explanation why the applicable rule should be waived.

(b) A waiver shall be permanent unless the department specifically places a time limit on the waiver.

(c) A request for waiver shall be granted if the commissioner determines that the granting of the waiver will not negatively impact the health, safety, or well-being of clients, or that the waiver is not being granted to one applicant or registrant who is in the same situation as another applicant or registrant whose waiver has been denied.

(d) Waivers shall not be transferable.

(e) When a registrant wishes to renew a non-permanent waiver beyond the approved period of time, the registrant shall apply for a new waiver with the renewal application or at least 60 days prior to the expiration of the existing waiver, as appropriate, by submitting the information required by (a) above.

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

#10013, eff 10-22-11; ss by #10206, eff 10-20-12

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