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 300 - CERTIFICATION AND OPERATION OF ALCOHOL AND OTHER DRUG DISORDER TREATMENT PROGRAMS
Part He-A 304 - CERTIFICATION AND OPERATIONAL REQUIREMENTS FOR OPIOID TREATMENT PROGRAMS
Section He-A 304.10 - Enforcement Actions and Hearings

Universal Citation: NH Admin Rules He-A 304.10

Current through Register No. 40, October 3, 2024

(a) Prior to taking enforcement action against an applicant or certificate holder, the department shall send to the applicant or certificate holder a written notice that sets forth:

(1) The reasons for the proposed action;

(2) The action to be taken by the department; and

(3) The right of an applicant or certificate holder to a hearing in accordance with RSA 541-A:30, III, or He-C 200, as applicable, before the enforcement action becomes final.

(b) The department shall deny an application or revoke a certification if:

(1) An applicant or a certificate holder violated He-A 304 in a manner which poses a risk of harm to a client's health, safety, or well-being of a client;

(2) After being notified of and given an opportunity to supply missing information, the applicant or certificate holder fails to submit an application that meets the requirements of He-A 304.03(a) ;

(3) Unless a waiver has been granted, the department makes a determination that the applicant, administrator, or certificate holder has been found guilty of or plead guilty to a felony assault, fraud, theft, abuse, neglect, or exploitation of any person, in this or any other state, or had an investigation for abuse, neglect, or exploitation adjudicated and founded by the department or any administrative agency in this or any other state;

(4) An applicant, certificate holder, or any representative or employee of the applicant or certificate holder:
a. Provides false or misleading information to the department;

b. Prevents, interferes, or fails to cooperate with any inspection or investigation conducted by the department; or

c. Fails to provide requested files or documents to the department;

(5) The certificate holder has submitted a POC that has not been accepted by the department in accordance with He-A 304.09(c) (3) and has not submitted a revised POC as required by He-A 304.09(c) (5) ;

(6) The certificate holder failed to fully implement or continue to implement a POC that has been accepted or directed by the department in accordance with He-A 304.09(c) (3) or (d) ;

(7) The certificate holder is cited a third time under He-A 304 for the same violation within the last 5 years or 3 inspections;

(8) A certificate holder, or its corporate officers, has had a certification revoked and submits an application during the 5-year prohibition period specified in (h) below;

(9) The applicant or certificate holder fails to employ a qualified administrator;

(10) The certificate holder fails to pay the certification and administration fee required by He-A 304.11; or

(11) An applicant or certificate holder had a check returned to the department for insufficient funds and has not re-submitted the outstanding fee in the form of money order or certified check.

(c) An applicant or certificate holder shall have 30 days after receipt of the notice of enforcement action to request a hearing to contest the action.

(d) If a written request for a hearing is not made pursuant to (c) above, the action of the department shall become final.

(e) The department shall order the immediate suspension of a certification, the cessation of services, and the transfer of care of clients when it finds that the health, safety, or well-being of clients is in jeopardy and requires emergency action in accordance with RSA 541-A:30, III.

(f) If an immediate suspension is upheld, the certificate holder shall not resume operating until the department determines through inspection that compliance with He-A 304 is achieved.

(g) Hearings under this section shall be conducted in accordance with RSA 541-A and He-C 200.

(h) When a certification has been denied or revoked, the applicant, certificate holder, or administrator shall not be eligible to re-apply for a certification or be employed as an administrator for 5 years if the denial or revocation specifically pertained to his or her role in the OTP.

(i) The 5 year period referenced in (h) above shall begin on:

(1) The date that the department's decision to revoke or deny the certification became effective, if no appeal is filed; or

(2) The date a final decision upholding the action of the department is issued, if a request for a hearing was made and a hearing was held.

(j) Notwithstanding (h) above, the department shall consider an application submitted after the decision to revoke or deny becomes final if the applicant demonstrates that circumstances have changed to the extent that the department now has good cause to believe that the applicant has the requisite degree of knowledge, skills, and resources necessary to maintain compliance with the provisions of He-A 304.

(k) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 541-A or He-A 304.

#7496, eff 5-23-01; ss by #9476, eff 5-22-09 (from He-A 304.09)

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