Current through Register No. 40, October 3, 2024
(a)
The department shall deny an application for certification, following written
notice pursuant to (b) below and opportunity for a hearing pursuant to He-C
200, due to any of the following reasons:
(1)
Any reported abuse, neglect, or exploitation of an individual by an applicant,
residence administrator, provider, staff member, or person living in a
community residence, if:
a. Such abuse,
neglect, or exploitation is reported on the state registry of abuse, neglect,
and exploitation in accordance with RSA 161:F-49;
b. Such person(s) continues to have contact
with the individual; and
c. Such
finding has not been overturned on appeal, been annulled, or received a waiver
pursuant to
He-M 1001.19;
(2) Any applicant, provider, staff
member, or person living in the community residence has been found guilty of
fraud or a felony against a person in this or any other state by a court of
law;
(3) Any applicant, provider,
staff member, or person living in the community residence has a misdemeanor
conviction that involves:
a. Physical or
sexual assault;
b. Violence or
exploitation;
c. Child
pornography;
d. Threatening or
reckless conduct;
e. Possession or
sale of illegal drugs;
f. Driving
under the influence of drugs or alcohol;
g. Theft; or
h. Any other conduct that represents evidence
of behavior that could endanger the well being of an individual;
(4) A provider agency or area
agency fails to perform criminal background checks on all persons who:
a. Are paid to provide services under He-M
1001; and
b. Begin to provide such
services on or after the effective date of He-M 1001;
(5) An applicant, provider, staff member, or
person living in the community residence has an illness or behavior that, as
evidenced by the documentation obtained or the observations made by the
department, would endanger the well-being of the individuals or impair the
ability of the community residence to comply with department rules;
(6) An applicant or provider, or any
representative or employee of the applicant or provider, knowingly provides
materially false or misleading information to the department;
(7) An applicant or provider, or any
representative or employee of the applicant or provider, fails to permit or
interferes with any inspection or investigation by the department;
(8) An applicant or provider, or any
representative or employee of the applicant or provider, fails to provide
required documents to the department;
(9) At an inspection the applicant or
certificate holder is not in compliance with RSA 171-A or He-M 1001 or other
applicable certification rules;
(10) An applicant or provider has a history
of multiple or repeat violations of RSA 171-A or its implementing
administrative rules that pose, or have posed, a health or safety risk to
individuals;
(11) An applicant or
provider has submitted a revised plan of correction that has been rejected by
the department in accordance with
He-M
1001.14(g) ;
(12) An applicant or provider has failed to
fully implement or continue to comply with a plan of correction that has been
accepted by the department in accordance with
He-M
1001.14(f) ; or
(13) For community residences for 4 or more
individuals, denial or revocation of licensure or denial of application for
licensure has taken place.
(b) Certification shall be denied upon the
written notice by the department to the community residence stating the
specific rule(s) with which the residence does not comply.
(c) Any applicant or provider aggrieved by
the denial of certification may request an adjudicative proceeding in
accordance with
He-M 1001.18. The denial
shall not become final until the period for requesting an adjudicative
proceeding has expired or, if the applicant or provider requests an
adjudicative proceeding, until such time as the administrative appeals unit
issues a decision upholding the department's action.
(d) A community residence shall not accept
additional individuals if a notice of denial of certification has been
issued.
#7681, eff 4-23-02; amd by #8209, eff 11-23-04; ss by
#9696, INTERIM, eff 4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff
10-1-10
