New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 800 - RESIDENTIAL CARE AND HEALTH FACILITY RULES
Part He-P 803 - NEW HAMPSHIRE NURSING HOME RULES
Section He-P 803.12 - Administrative Remedies
Universal Citation: NH Admin Rules He-P 803.12
Current through Register No. 40, October 3, 2024
(a) The department shall impose administrative remedies for violations of RSA 151, He-P 803, or other applicable licensing rules, including:
(1) Requiring a licensee to submit a
POC;
(2) Imposing a directed POC
upon a licensee;
(3) Imposing fines
upon an unlicensed individual, applicant or licensee;
(4) Immediate suspension of a license;
or
(5) Revocation of a
license.
(b) When fines are imposed, the department shall provide a written notice, as applicable, which:
(1) Identifies each area of
non-compliance;
(2) Identifies the
specific remedy(s) that has been proposed; and
(3) Provides the licensee with the following
information:
a. The right to a hearing in
accordance with RSA 541-A and He-C 200 prior to the fine becoming final;
and
b. The automatic reduction of a
fine by 25% if the licensee waives the right to a hearing, the fine is paid
within 10 days of the date on the written notice from the department and the
area of non-compliance has been corrected, or a POC has been accepted and
approved by the department.
(c) A POC shall be developed and enforced in the following manner:
(1) Upon receipt of a
notice of areas of non-compliance, the licensee shall submit a POC detailing:
a. How the licensee intends to correct each
area of non-compliance;
b. What
measures will be put in place, or what system changes will be made to ensure
that the area of non-compliance does not recur; and
c. The date by which each area of
non-compliance shall be corrected;
(2) The licensee shall submit a POC to the
department within 21 calendar days of the date on the letter that transmitted
the inspection report unless the licensee requests, either verbally or in
writing, and the department agrees, to extend that deadline, based on the
following criteria:
a. The licensee
demonstrates that he or she has made a good faith effort to develop and submit
the POC within the 21 calendar day period but has been unable to do so;
and
b. The department determines
that the health, safety or well-being of a resident will not be jeopardized as
a result of granting the extension;
(3) The department shall review and accept
each POC that:
a. Achieves compliance with
RSA 151 and He-P 803;
b. Addresses
all areas of non-compliance and deficient practices as cited in the inspection
report;
c. Prevents a new violation
of RSA 151 or He-P 803 as a result of the implementation of the POC;
and
d. Specifies the date upon
which the areas of non-compliance will be corrected;
(4) If the POC is acceptable, the department
shall issue a license certificate or provide written notification of acceptance
of the POC, whichever is applicable;
(5) If the POC is not acceptable:
a. The department shall notify the licensee
in writing of the reason for rejecting the POC;
b. The licensee shall develop and submit a
revised POC within 14 days of the date of the written notification from the
department that states the original POC was rejected unless, within the 14 day
period, the licensee requests an extension, either via telephone or in writing,
and the department grants the extension, based on the following criteria:
1. The licensee demonstrates that he or she
has made a good faith effort to develop and submit the POC within the 14 -day
period but has been unable to do so; and
2. The department determines that the health,
safety or well- being of a resident will not be jeopardized as a result of
granting the waiver;
c.
The revised POC shall comply with (1) above and be reviewed in accordance with
(3) above; and
d. If the revised
POC is not acceptable to the department, or is not submitted within 14 days of
the date of the written notification from the department that states the
original POC was rejected, the licensee shall be subject to a directed POC in
accordance with (d) below and a fine in accordance with (f) (11)
below;
(6) The
department shall verify the implementation of any POC that has been submitted
and accepted by:
a. Reviewing materials
submitted by the licensee;
b.
Conducting a follow-up inspection; or
c. Reviewing compliance during the next
annual inspection;
(7)
Verification of the implementation of any POC shall only occur after the date
of completion specified by the licensee in the plan; and
(8) If the POC or revised POC has not been
implemented by the completion date at the time of the next inspection the
licensee shall be:
a. Notified by the
department in accordance with
He-P 803.12(b)
; and
b. Issued a directed POC in accordance with
(d) below and shall be subject to a fine in accordance with (f) (12) below.
(d) The department shall develop and impose a directed POC that specifies corrective actions for the licensee to implement when:
(1) As a result of an inspection, areas of
non-compliance were identified that require immediate corrective action to
protect the health and safety of the residents and employees;
(2) A revised POC is not submitted within 14
days of the written notification from the department; or
(3) A revised POC submitted by the licensee
or administrator has not been accepted.
(e) If at the time of the next inspection the directed POC referenced in (d) above has not been implemented by the completion date stated in the directed POC the department shall, as appropriate:
(1) Issue a warning that enforcement action
will be taken if the POC is not implemented;
(2) Impose a fine;
(3) Deny the application for a renewal of a
license; or
(4) Revoke or suspend
the license in accordance with
He-P
803.13.
(f) The department shall impose fines as follows:
(1) For a failure to cease providing
unlicensed services after being notified by the department of the need for a
license, in violation of
RSA
151:2 the fine shall be $2000.00 for an
applicant or unlicensed provider;
(2) For a failure to cease operations after a
denial of a license or after receipt of an order to cease and desist
immediately, in violation of
RSA
151:2 and
RSA
541-A:30, the fine for an applicant,
unlicensed provider or a licensee shall be $2000.00;
(3) For advertising services or otherwise
representing themselves as having a license to provide services that they are
not licensed to provide, in violation of
RSA 151:2,
III, the fine for an applicant, licensee or
unlicensed provider shall be $500.00;
(4) For a failure to comply with the
directives of a warning issued by the department in violation of
RSA
151:7-a and
He-P 803.11(g)
, the fine shall be $500.00;
(5) For a failure to submit a renewal
application for a license prior to the expiration date, in violation of
He-P
803.06(b) , the fine shall be
$100.00;
(6) For a failure to
notify the department prior to a change of ownership, in violation of
He-P
803.08(a) (1) , the fine shall be
$500.00;
(7) For a failure to
notify the department prior to a change in the physical location, in violation
of
He-P
803.08(a) (2) , the fine shall be
$500.00;
(8) For a refusal to allow
access by the department to the nursing home's premises, programs, services or
records, in violation of
He-P 803.09(a)
, the fine for an applicant, individual, or
licensee shall be $2000.00;
(9) For
refusal to cooperate with the inspection or investigation conducted by the
department the fine shall be $ 2000.00;
(10) For a failure to submit a POC or revised
POC, within 21 or 14 days, respectively, of the date on the letter that
transmits the inspection report, in violation of
He-P 803.12(c) (2) or (5)
(b), the fine for a licensee shall be
$100.00 unless an extension has been granted by the department;
(11) For a failure to implement any POC that
has been accepted or issued by the department, in violation of
He-P 803.12(c) (8)
, the fine for a licensee shall be
$1000.00;
(12) For a failure to
establish, implement, or comply with licensee policies, after being notified in
writing by the department of the need to establish, implement or comply with
licensee policies, as required by
He-P
803.14(c) , the fine for a licensee
shall be $500.00;
(13) For a
failure to provide services or programs required by the licensing
classification and specified by
He-P
803.14(b) , the fine for a licensee
shall be $500.00;
(14) For
exceeding the maximum number of residents, in violation of
He-P
803.14(k) , the fine for a licensee
shall be $500.00;
(15) For moving a
current resident to an unlicensed space prior to approval from the department,
the fine for a licensee shall be $500.00;
(16) For falsification of information
contained on an application or of any records required to be maintained for
licensing, in violation of
He-P
803.14(f) , the fine shall be $500.00
per offense;
(17) For a failure to
meet the needs of the resident, in violation of
He-P
803.14(i) (1) , the fine for a
licensee shall be $500.00;
(18) For
employing an administrator or other personnel who do not meet the
qualifications for the position, in violation of
He-P 803.17(b) (1)
and 803.18(d) (3), the fine for a licensee
shall be $500.00;
(19) For failure
to report an unusual incident as required by
He-P
803.14(t) , the fine for a licensee
shall be $500.00 per occurrence;
(20) For failure to submit architectural
sprinkler and fire alarm plans or drawings, when applicable, prior to
undertaking construction or renovation of a proposed and or licensed facility
in violation of
He-P
803.07(a) , the fine shall be
$500.00;
(21) When an inspection
determines that a violation of RSA 151 or He-P 803 has the potential to
jeopardize the health, safety or well-being of a resident, in addition to any
other enforcement actions taken by the department, the fines assessed shall be
as follows:
a. If the same area of
non-compliance is cited within 2 years of the original area of non-compliance,
the fine for a licensee shall be double the initial fine, but not to exceed
$2000.00; and
b. If the same area
of non-compliance is cited a third time within 2 years of being fined in a.
above, the fine for a licensee shall be triple the fine, but not to exceed
$2000.00;
(22) Each day
that the individual or licensee continues to be in violation of the provisions
of RSA 151 or He-P 803 shall constitute a separate violation and shall be fined
in accordance with
He-P 803.12(f)
; and
(23) If the applicant or licensee is making
good faith efforts to comply with the violations of the provisions of RSA 151
or He-P 803, the department shall not issue a daily fine.
(g) Payment of any imposed fine to the department shall meet the following requirements:
(1) Payment shall be made in the form of
check or money order made payable to the "Treasurer, State of New Hampshire" or
cash in the exact amount due; and
(2) Cash, money order, or certified check
shall be required when an applicant or licensee has issued payment to the
department by check, and such check was returned for insufficient
funds.
#9856-A, eff 1-26-11
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