Current through Register No. 40, October 3, 2024
(a) Prior to
taking enforcement action against an applicant or licensee, the department
shall send to the applicant or licensee a written notice that sets forth:
(1) The reasons for the proposed
action;
(2) The action to be taken
by the department;
(3) If a fine is
imposed, the automatic reduction of the fine by 25% if 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; and
(4) The right
of an applicant or licensee to an administrative hearing in accordance with
RSA 151:8
or
RSA 541-A:30,
III, as applicable, before the enforcement
action becomes final.
(b) The department shall deny an application
or revoke a license if:
(1) An applicant or a
licensee violated a provision of RSA 151 or He-P 804 which poses a risk of harm
to the health, safety, or well-being of a resident;
(2) An applicant or licensee has failed to
pay an administrative fine imposed by the department;
(3) An applicant or licensee had a check
returned to the department for insufficient funds and has not re-submitted the
outstanding fee in the form of cash, money order, or certified check;
(4) After being notified of and given an
opportunity to supply missing information or schedule an initial inspection,
the applicant or licensee fails to submit an application that meets the
requirements of
He-P
804.04 or fails to schedule an inspection;
(5) The applicant, licensee, or any
representative or employee of the applicant or licensee:
a. Provides false or misleading information
to the department;
b. Prevents,
interferes, or fails to cooperate with any inspection or investigation
conducted by the department; or
c.
Fails to provide requested files or documents to the department;
(6) The licensee failed to
implement or continue to implement a POC that has been accepted or imposed by
the department in accordance with
He-P 804.12(c), (d)
, and (e);
(7) The licensee has submitted a POC that has
not been accepted by the department in accordance with
He-P 804.12(c) (5)
and has not submitted a revised POC in
accordance with
He-P 824.12(c) (5)
b;
(8) The licensee is cited a third time under
RSA 151 or He-P 804 for the same violation within the last 5
inspections;
(9) A licensee, or its
corporate officers, has had a license revoked and submits an application during
the 5 year prohibition period specified in (k) below;
(10) Unless a waiver has been granted, upon
inspection, the applicant's premise is not in compliance with RSA 151 or He-P
804;
(11) Unless a waiver has been
granted, the department makes a determination that the applicant,
administrator, licensee, or a household member has been found guilty of or
plead guilty to a felony assault, fraud, theft, abuse, neglect, or exploitation
of any person, in this or any other state, or had an investigation for abuse,
neglect, or exploitation adjudicated and founded by the department or any
administrative agency in this or any other state; or
(12) The applicant or licensee fails to
employ a qualified administrator.
(c) 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 entity;
(2)
For a failure to cease operations after a denial of a license, after receipt of
an order to cease and desist operations, in violation of
RSA
151:2 and
RSA
541-A:30, or continuing to operate after a
failure to renew the license by the expiration date, the fine for an applicant,
unlicensed entity, 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, and
He-P
804.14(u) , the fine for an
applicant, licensee, or unlicensed entity shall be $500.00;
(4) For a failure to transfer a resident
whose needs exceed the services or programs provided by the ALR-RC, in
violation of
RSA
151:5-a, the fine for a licensee shall be
$500.00;
(5) For admission of a
resident whose needs at the time of admission exceed the services or programs
authorized by the ALR-RC licensing classification, in violation of
RSA
151:5-a, II, and
He-P
804.15(a) , the fine for a licensee
shall be $1000.00;
(6) 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 804.11(f)
, the fine for an unlicensed provider or a
licensee shall be $500.00;
(7) For
a failure to submit a renewal application for a license at least 120 days prior
to the expiration date, in violation of
He-P
804.06(b) , the fine for a licensee
shall be $100.00;
(8) For a failure
to notify the department prior to a change of ownership, in violation of
He-P
804.08(a) (1) , the fine for a
licensee shall be $500.00;
(9) For
a failure to notify the department prior to a change in the physical location,
in violation of
He-P
804.08(a) (2) , the fine for a
licensee shall be $1000.00;
(10)
For a failure to notify the department of a change in e-mail address s required
by
He-P
804.08(n) , the fine for a licensee
shall be $100.00;
(11) For a
failure to allow access by the department to the ALR-RC's premises, programs,
services, or records, in violation of
He-P 804.09(a)
, the fine for an applicant, unlicensed
entity, or licensee shall be $2000.00;
(12) 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, or the date of an extension as granted, in
violation of
He-P 804.12(c) (2) and (5)
, the fine for a licensee shall be
$500.00;
(13) For a failure to
implement or maintain the corrective action set forth in any POC that has been
accepted or issued by the department, in violation of
He-P 804.12(c) (8)
, the fine for a licensee shall be
$1000.00;
(14) For a failure to
establish, implement, or comply with licensee policies, as required by
He-P
804.14(b) and
He-P 804.19(e)
, the fine for a licensee shall be
$500.00;
(15) For a failure to
provide services or programs required by the licensing classification and
specified by
He-P
804.14(c) , the fine for a licensee
shall be $500.00;
(16) For
exceeding the licensed capacity, in violation of
He-P
804.14(n) , the fine for a licensee
shall be $500.00 per day;
(17) For
providing false or misleading information or documentation, in violation of
He-P
804.14(t) , the fine for an applicant
or licensee shall be $1000.00 per offense;
(18) For a failure to meet the needs of a
resident or residents, as described in
He-P
804.15(a) , the fine for a licensee
shall be $1000.00 per resident;
(19) For placing a resident in a room that
has not been approved or licensed by the department, in violation of
He-P 804.09(b) (6)
, the fine for a licensee shall be
$500.00;
(20) For employing an
administrator or other personnel who do not meet the qualifications for the
position, without having a waiver granted by the department in accordance with
He-P 804.10, in violation
of
He-P 804.18(k)
, the fine for a licensee shall be
$500.00;
(21) For failure to submit
architectural plans or drawings, when applicable, prior to undertaking
construction or renovation of the licensed facility in violation of
He-P
804.07(a) , the fine for a licensed
facility shall be $500.00;
(22) For
occupying a renovated area of a licensed facility or new construction prior to
approval by local and state authorities, as required by
He-P 804.09(b) (6)
, the fine shall be $500 which shall be
assessed daily if the facility fails to vacate the renovated area immediately
upon receiving notice from the department;
(23) When an inspection determines that there
is a violation of RSA 151 or He-P 804 for which a fine was previously imposed,
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 $1000.00; or
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 $2000.00;
(24) Each day that the individual or licensee
continues to be in violation of the provisions of RSA 151 or He-P 804 shall
constitute a separate violation and shall be subject to fines in accordance
with He-P 804.13(c); and
(25) If
the applicant or licensee is making good faith efforts to comply with (4),(6),
and (15) above, as verified by documentation or other means, the department
shall not issue a daily fine.
(d) 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.
(e) An applicant,
licensee, or unlicensed entity shall have 30 days after receipt of the notice
of enforcement action to request a hearing to contest the action.
(f) If a written request for a hearing is not
made pursuant to (e) above, the action of the department shall become
final.
(g) The department shall
order the immediate suspension of a license and the cessation of operations
when it finds that the health, safety, or welfare of a resident is in jeopardy
and requires emergency action in accordance with RSA 541:A-30, III.
(h) If an immediate suspension is upheld the
licensee shall not resume operating until the department determines through
inspection that compliance with RSA 151 and He-P 804 is achieved.
(i) Hearings under this section shall be
conducted in accordance with RSA 541-A and He-C 200.
(j) When an ALR-RC's license has been denied
or revoked, the applicant, family member, licensee, or administrator shall not
be eligible to apply for a license or be employed as an administrator for 5
years if the denial or revocation specifically pertained to their role in the
program.
(k) The 5 year period
referenced in (j) above shall begin on:
(1)
The date of the department's decision to revoke or deny the license, if no
appeal is filed; or
(2) The date a
final decision upholding the action of the department is issued, if a request
for a hearing is made and a hearing is held.
(l) Notwithstanding (k) above, the department
shall consider an application submitted after the decision to revoke or deny
becomes final if the applicant demonstrates that circumstances have changed to
the extent that the department now has good cause to believe that the applicant
has the requisite degree of knowledge, skills, and resources necessary to
maintain compliance with the provisions of RSA 151 and He-P 804.
(m) If the department has reasonable
information or evidence that a licensee, applicant, administrator, or others
are circumventing (j) above by applying for a license through an agent or other
individual and will retain ownership, management authority, or both, the
department shall deny the application.
(n) No ongoing enforcement action shall
preclude the imposition of any remedy available to the department under RSA
151,
RSA 541-A:30,
III, or He-P 804.
#2261, eff 1-17-83; ss by #3193, eff 1-28-86; rpld by
#4516, eff 10-28-88; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED:
5-28-92
New. #5511, eff 11-25-92; amd by
#5665, eff 7-14-93; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
New. #9121, eff
4-3-08
