Current through Register No. 40, October 3, 2024
(a) Application
for designation shall be denied or designation shall be revoked, following
written notice and opportunity for a hearing pursuant to He-M 526.11, due to:
(1) Failure to maintain the necessary license
or certification pursuant to RSA 151 or He-M 1001;
(2) Failure to comply with these rules or any
applicable department rule;
(3) The
DRF administrator or applicant failing to provide information requested by the
department or knowingly giving false or misleading information to the
department;
(4) Refusal by DRF
staff to admit any employee of the department of health and human services
authorized to monitor or inspect the facility in accordance with He-M
1001.14;
(5) Any reported abuse,
neglect, or exploitation of individuals by DRF personnel, if:
a. Such personnel have not been prevented
from having individual contact; and
b. Such abuse, neglect, or exploitation is
founded based on a protective investigation performed by the department in
accordance with He-E 700 and an administrative hearing held pursuant to He-C
200, if such a hearing is requested;
(6) Felony conviction of any staff member of
the DRF;
(7) Misdemeanor conviction
of any staff member of the DRF involving:
a.
Physical or sexual assault;
b.
Violence;
c.
Exploitation;
d. Child
pornography;
e. Threatening or
reckless conduct;
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; or
(8) Any illness or behavior of an
applicant or program staff member that, as evidenced by the documentation
obtained and the observations made by the department, would endanger the
individuals' well-being or prohibit the DRF from complying with He-M 526 or
other applicable rules, except in cases where such program staff have been
re-assigned and the individuals' well-being and the DRF's ability to comply
with these rules are no longer at risk.
(b) Revocation shall only occur following:
(1) Provision of 30 days' written notice by
the commissioner to the DRF of the specific rule(s) with which that DRF does
not comply; and
(2) Opportunity,
pursuant to He-M 526.11, for the DRF to show compliance.
(c) If, after notice and opportunity for
hearing, the commissioner determines that a DRF meets any of the criteria for
revocation listed in (a) (1) -(8) above, the commissioner shall revoke the
designation of that program.
(d)
The commissioner shall withdraw a notice of revocation if, within the notice
period, the DRF complies with the specified rule(s) .
(e) Pending compliance with all requirements
for designation specified in written notice made pursuant to (b) (1) above, a
DRF shall not accept additional individuals if a notice of revocation has been
issued concerning a violation that poses potential danger to the health or
safety of the individuals.
