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.

Petition for Waiver of Administrative Rule

Use this form to ask Iowa HHS to waive (change or suspend) an administrative rule due to special circumstances.

Section 1: Your Information (Person Filling Out the Form)

Section 2: Person Who Needs the Waiver


Yes  No

Section 3: Program Area (Check one or more)

Section 4: About Your Waiver Request

Section 5: Additional Information (Optional but Helpful)


Yes  No

Yes  No

Yes  No

Yes  No

Yes  No

Section 6: Signature

By signing below, you give permission to release information to HHS and confirm everything you've provided is true to the best of your knowledge.

 

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