Iowa Department of Health and Human Services
Petition for Waiver of Administrative Rule
What is a waiver?
A waiver is a request to the Iowa Department of Health and Human Services (HHS) asking to temporarily suspend an administrative rule for a specific person or organization because of special circumstances.
When can HHS approve a waiver?
HHS may approve a waiver if all of the following are true:
- The rule causes a hardship for the person or group asking for the waiver;
- Granting the waiver won't affect someone else's rights;
- The rule isn't required by state or federal law; and
- The requestor's health, safety, and welfare will still be protected even if the rule is waived.
Important Notes
- Waivers only apply to HHS rules. They cannot be used to change rules based on federal laws or program eligibility (like income limits).
- The HHS Director makes the final decision. There is no appeals process if the request is denied, but you can ask for reconsideration if you disagree with the decision.
- There is no fee to request a waiver.
- Only ask for a waiver after all other options have been tried.
How to Request a Waiver
Option 1: Fill out the online form: https://hhs.iowa.gov/programs/appeals
Option 2: Write a letter and send by:
-
Mail:
HHS Appeals Bureau
321 E 12th Street, 4th Floor
Des Moines, IA 50319 - Email: exceptions@hhs.iowa.gov
- Fax: (515) 564-4118
Questions? Call the Appeals Bureau at (888) 723-9637.
What to Include in Your Waiver Request
- Your name and address.
- The name, ID number (State ID, Tax ID or NPI), and birthdate (if needed) of the person or group needing the waiver.
- What the person or group needs.
- Why it's needed (include medical reasons, if any).
- Costs and possible savings.
- What's been tried already.
Extra Information Needed for Certain Requests
For Home Health Agency Requests:
- Needed services, hours, and level of care.
- List of other programs the person uses.
- Breakdown of costs (salary, benefits, mileage, etc.).
- Plan of care or treatment.
- Notes from the past 30 days of care.
If requesting to reduce an overpayment or monthly payment:
- Who lives in your home.
- Your household's monthly income and expenses.
- Why you can't pay the full amount.
- What amount you can afford to pay each month.