Current through Register No. 40, October 3, 2024
(a)
The department shall revoke certification of a community residence, 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 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 or
exploitation in accordance with
RSA 161-F:49;
b. Such person(s) continues to have contact
with the individual; or
c. Such
finding has not been overturned on appeal, been annulled, or received a waiver
pursuant to
He-M 1002.18;
(2) Any provider or person living
in the community residence has been found guilty of fraud, a felony, or a
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) The certificate holder, 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 the 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 certificate holder or any
representative or employee of the certificate holder knowingly provides
materially false or misleading information to the department during an
inspection;
(6) 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;
(7) The certificate
holder or any representative or employee of the certificate holder fails to
provide requested files or documents to the department;
(8) An inspection finds the certificate
holder to be out of compliance with RSA 135-C or any of the applicable
certification rules;
(9) The
certificate holder has demonstrated a history of multiple, or repeat violations
of RSA 135-C or other applicable licensing rules that pose or have posed a
health or safety risk to clients;
(10) The certificate holder has submitted a
revised plan of correction that has been rejected by the department in
accordance with
He-M
1002.13;
(11) 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
1002.13; or
(12) For community residences for 4 or more
individuals, denial or revocation of licensure or denial of application for
licensure has taken place.
(b) The department shall issue written notice
of revocation of certification stating the specific rule(s) with which the
community 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 1002.17.
(d) 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.
(e) A community residence
shall not accept additional individuals if a notice of intent to revoke the
certification of the community residence has been issued.
(f) If a certificate has been revoked, the
certificate holder, in conjunction with the provider agency, shall transfer all
individuals to another appropriately certified residence within 10 days of
certificate revocation becoming final in accordance with (d) 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
