Current through Register No. 40, October 3, 2024
(a)
The department shall revoke a 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 a certificate holder, 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 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 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) The
certificate holder or a 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) The certificate holder or any
representative or employee of the certificate holder knowingly provides
materially false or misleading information to the department;
(7) The certificate holder or any
representative or employee of the certificate holder fails to permit or
interferes with any inspection or investigation conducted by the
department;
(8) The certificate
holder or any representative or employee of the certificate holder fails to
provide required documents to the department;
(9) At an inspection, the certificate holder
is not in compliance with RSA 171-A or He-M 1001 or other applicable
certification rules;
(10) The
certificate holder 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)
The certificate holder has submitted a revised plan of correction that has been
rejected by the department in accordance with
He-M
1001.14(g) ;
(12) The certificate holder 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 revoked 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 certificate holder aggrieved by the
revocation of the community residence's certificate may request an adjudicative
proceeding in accordance with
He-M 1001.19. The
revocation shall not become final until the period for requesting an
adjudicative proceeding has expired or, if the certificate holder 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 revocation of certification has been
issued.
(e) If certification has
been revoked, the certificate holder, in conjunction with the provider agency,
shall transfer all individuals to another appropriately certified
residence.
#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
