Current through Register No. 40, October 3, 2024
(a)
The department shall deny an application for certification following written
notice and opportunity for a hearing pursuant to He-C 200, due to any of the
following:
(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 continues to have contact with
the individual;
c. Such finding
has not been overturned on appeal, been annulled, or received a waiver pursuant
to
He-M 1002.18;
or
d. There is a similar finding by
an adult protection or child protection agency of any other state;
(2) Any applicant, provider, or
person living in a community residence has been found guilty of fraud, felony,
or misdemeanor against a person in this or any other state, unless a waiver has
been obtained pursuant to
He-M 1002.18;
(3) A provider agency, THSP, or CMHP fails to
perform criminal background checks on all persons who:
a. Are paid to provide services under He-M
1002; and
b. Begin to provide such
services on or after the effective date of He-M 1002;
(4) An applicant, family member, or provider
has an illness or behavior that, as evidenced by the documentation obtained and
the observations made by the department, would endanger the well-being of an
individual or impair the ability of the community residence to comply with
department rules, except in cases where such personnel have been reassigned and
the individual's well-being and the community residence's ability to comply
with these rules are no longer at risk;
(5) The applicant, provider, or any
representative or employee of the applicant knowingly provides false or
misleading information to the department;
(6) The applicant or any representative or
employee of the applicant prevents or interferes with any inspection or
investigation by the department;
(7) The applicant or any representative or
employee of the applicant fails to provide required documents to the
department;
(8) At an inspection
the applicant or certificate holder is not in compliance with RSA 135-C or He-M
1002 or other applicable certification rules;
(9) The applicant has demonstrated a history
of multiple or repeat violations of RSA 135-C or its implementing
administrative rules that pose or have posed a health or safety risk to
clients;
(10) The applicant has
submitted a revised plan of correction that has been rejected by the department
in accordance with
He-M
1002.13;
(11) The applicant failed to fully implement
and continue to comply with a plan of correction that has been accepted by the
department in accordance with
He-M
1002.13; or
(12) For community residences with 4 or more
individuals, denial or revocation of licensure or denial of application for
licensure has taken place.
(b) If the department determines that a
community residence meets any of the criteria for denial listed in (a) above,
the department shall deny the certification of the residence.
(c) 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.
(d) Any applicant aggrieved by the denial of
an application may request an adjudicative proceeding in accordance with
He-M 1002.17.
(e) The denial shall become final when the
period for requesting an adjudicative proceeding has expired or, if the
applicant or provider requests an adjudicative proceeding, when the
administrative appeals unit issues a decision upholding the department's
action.
(f) A community residence
shall not accept additional individuals if a notice of denial of certificate
has been issued.
#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
