Current through Register No. 40, October 3, 2024
(a) The department
shall investigate any complaint that meets the following conditions:
(1) The complaint is based upon the
complainant's first-hand knowledge regarding the allegation(s) or on
information reported directly to the complainant by a person who has first-hand
knowledge regarding the allegation(s); and
(2) There is sufficient specific information
for the department to determine that the allegation(s), if proven to be true,
would constitute a violation of any of the provisions of RSA 151 or He-P
803.
(b) When
practicable the complaint shall be in writing and contain the following
information:
(1) The name and address of the
nursing home, or the alleged unlicensed individual or entity;
(2) The name, address and telephone number of
the complainant; and
(3) A
description of the situation that supports the complaint and the alleged
violation(s) of RSA 151 or He-P 803.
(c) Investigations shall include all
techniques and methods for gathering information, which are appropriate to the
circumstances of the complaint, including:
(1) Requests for additional information from
the complainant or the licensee;
(2) A physical inspection of the
premises;
(3) Review of any records
that might be relevant; and
(4)
Interviews with individuals who might have information that is relevant to the
investigation.
(d) For
the nursing home, the department shall:
(1)
Provide written notification of the results of the investigation to the
licensee along with an inspection report if areas of non-compliance were found
as a result of the investigation;
(2) Notify any other federal, state, or local
agencies of alleged violations of their statutes or rules based on the results
of the investigation, as appropriate;
(3) Notify the licensee in writing and take
no further action if the department determines that the complaint is unfounded,
under He-P 803, or does not violate any statutes or rules; and
(4) Require the licensee to submit a POC in
accordance with
He-P 803.12(c)
.
(e) For the unlicensed individual or entity
the department shall provide written notification to the owner or person
responsible that includes:
(1) The date of
inspection;
(2) The reasons for the
inspection; and
(3) Whether or not
the inspection resulted in a determination that the services being provided
require licensing under
RSA 151:2, I(e)
(2) .
(f) The owner or person responsible shall be
allowed 7 days from the date of receipt of the notice required by (f) above to
respond to a finding that they are operating without a license or submit a
completed application for a license in accordance with
RSA 151:7-a,
II.
(g) If the owner of an unlicensed nursing
home does not comply with (g) above, or if the department does not agree with
the owner's response, the department shall:
(1) Issue a written warning to immediately
comply with RSA 151 and He-P 803; and
(2) Provide notice stating that the
individual has the right to appeal the warning in accordance with
RSA 151:7-a,
III.
(h) Any person or entity who fails to comply
after receiving a warning, as described in (h) above, shall be subject to an
action by the department for injunctive relief under
RSA 151:17.
(i) The fact that the department takes action
for injunctive relief under
RSA 151:17 shall not
preclude the department from taking other action under RSA 151, He-P 803, or
other applicable laws.
(j)
Complaint investigation files shall be confidential in accordance with
RSA
151:13, and shall not be disclosed publicly
but shall be released by the department on written request only:
(1) To the department of justice when
relevant to a specific investigation;
(2) To law enforcement when relevant to a
specific criminal investigation;
(3) When a court of competent jurisdiction
orders the department to release such information; or
(4) In connection with any adjudicative
proceedings relative to the licensee.
#9856-A, eff
1-26-11
