New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-M - Former Division of Mental Health and Developmental Services
Chapter He-M 1000 - HOUSING
Part He-M 1002 - CERTIFICATION STANDARDS FOR BEHAVIORAL HEALTH COMMUNITY RESIDENCES
Section He-M 1002.13 - Inspections and Plans of Correction

Universal Citation: NH Admin Rules He-M 1002.13

Current through Register No. 40, October 3, 2024

(a) The department shall conduct inspections to determine compliance with all applicable rules prior to:

(1) Issuing an initial certification; and

(2) Renewal of a certificate except as allowed by He-M 1002.10(f) or (k) .

(b) Following an inspection and determination pursuant to (a) above, the department shall issue a written inspection report that includes:

(1) The name and address of the physical location of the community residence;

(2) The name of the responsible CMHP or THSP;

(3) The date of the inspection;

(4) A listing of all rules with which the community residence failed to comply;

(5) Evidence supporting the finding of non-compliance with each identified rule; and

(6) The name of the person(s) conducting the inspection.

(c) For each deficiency cited in the inspection report, within 21 days of the date of issuance of the report, the community residence shall submit a written plan of correction or submit information as to why the deficiency did not exist.

(d) The department shall evaluate any submitted information on its merits and render a written decision on whether a written plan of correction is necessary.

(e) The plan of correction submitted in accordance with (c) above shall describe:

(1) How the community residence corrected or intends to correct and prevent occurrence of each deficiency; and

(2) The date by which each deficiency will be corrected.

(f) The department shall issue a certificate if it determines that the plan of correction:

(1) Addresses each deficiency in a manner which achieves full compliance with rules cited in the inspection report;

(2) Addresses all deficiencies cited in the inspection report;

(3) Does not create a new violation of statute or rule as a result of its implementation; and

(4) States a completion date.

(g) The department shall reject a plan of correction that fails to comply with (f) above.

(h) If the proposed plan of correction is rejected, the department shall notify the community residence in writing of the reason(s) for rejection.

(i) Within 21 days of the date of the written notice under (h) above, the community residence shall submit a revised plan of correction that:

(1) Includes proposed alternatives that address the reason(s) for rejection; and

(2) Is reviewed in accordance with (f) and (g) above.

(j) If the revised plan of correction is rejected, the department shall deny the certification request.

(k) The department shall verify that a plan of correction, as submitted and accepted, has been implemented by:

(1) Reviewing materials submitted by the community residence;

(2) Conducting a follow-up inspection; or

(3) Reviewing compliance during the next certification inspection required by (a) above.

#7762, eff 9-26-02; ss by #9795, INTERIM, eff 9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11

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