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 805 - SUPPORTED RESIDENTIAL HEALTH CARE FACILITY LICENSING RULES
Section He-P 805.12 - Administrative Remedies

Universal Citation: NH Admin Rules He-P 805.12

Current through Register No. 40, October 3, 2024

(a) The department shall impose administrative remedies for violations of RSA 151, He-P 805 or other applicable licensing rules, including:

(1) Requiring a licensee to submit a POC;

(2) Imposing a directed POC upon a licensee;

(3) Imposing conditions upon a license;

(4) Imposing fines upon an unlicensed individual, applicant or licensee; or

(5) Monitoring of a licensee.

(b) When administrative remedies are imposed, the department shall provide written notice, as applicable, which:

(1) Identifies each area in which the licensee is not in compliance with RSA 151 or a provision of these rules;

(2) Identifies the specific remedy(s) that has been imposed; and

(3) Provides the following information:

a. The right to a hearing in accordance with RSA 541-A and He-C 200 prior to imposition of a fine; and

b. The automatic reduction of a fine by 25% if the fine is paid within 10 days of the date on the written notice from the department and the deficiency has been corrected, or a POC has been accepted and approved by the department.

(1) Upon receipt of a notice of deficiencies, or a notice to correct, the licensee shall submit its POC for each item, written in the appropriate space on the notice and containing:

a. How the licensee intends to correct each area of noncompliance;

b. What measures will be put in place, or what system changes will be made to ensure that the noncompliance does not recur; and

c. The date by which each area of noncompliance shall be corrected;

(2) The licensee shall submit a POC to the department within 21 days of the date on the letter that transmitted the inspection/investigation 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 805;

b. Addresses all deficient practices as cited in the inspection/investigation report;

c. Prevents a new violation of RSA 151 or He-P 805 as a result of the implementation of the POC; and

d. Specifies the date upon which the deficiencies 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, 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 (c) (1) above and be reviewed in accordance with (c) (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 805.12(b) ; and

b. Issued a directed POC in accordance with (d) below and shall be subject to a fine, as appropriate, in accordance with (f) (12) below.

(d) The department shall develop and impose a directed POC that specifies corrective actions for the applicant or licensee to implement when:

(1) As a result of an inspection, areas of noncompliance were identified that require immediate corrective action to protect the health and safety of the residents and personnel;

(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 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) Impose a fine;

(2) Deny the application for a renewal of a license; or

(3) Revoke the license in accordance with He-P 805.13.

(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 transfer a resident whose needs exceed the services or programs provided by the SRHCF, in violation of RSA 151:5-a, the fine for a licensee shall be $500.00;

(5) For admission of a resident whose needs exceed the services or programs authorized by the SRHCF licensing classification, in violation of RSA 151:5-a, II, and He-P 805.15(a) and (b) , the fine for a licensee shall be $1,000.00;

(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 805.11(i) , 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 805.06(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 805.08(a) , 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 805.08(c) (2) , the fine for a licensee shall be $500.00;

(10) For a failure to allow access by the department to the SRHCF's premises, programs, services or records, in violation of He-P 805.09(a) , the fine for an applicant, unlicensed individual or licensee shall be $2000.00;

(11) 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 805.12(c) (2) and (5) , the fine for a licensee shall be $100.00;

(12) For a failure to implement any POC that has been accepted or issued by the department, in violation of He-P 805.12(c) (8) , the fine for a licensee shall be $1000.00;

(13) For a failure to establish, implement or comply with licensee policies, as required by He-P 805.16(i) and He-P 805.19(d) , the fine for a licensee shall be $500.00;

(14) For a failure to provide services or programs required by the licensing classification and specified by He-P 805.14(b) , the fine for a licensee shall be $500.00;

(15) For exceeding capacity, in violation of He-P 805.14(l) , 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 805.14(r) , the fine for an applicant or licensee shall be a minimum of $500.00 per offense;

(17) For a failure to meet the needs of the resident, in violation of He-P 805.15(a) , 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 805.18(g) -(h) , under circumstances where the department has not granted a waiver in accordance with He-P 805.10, the fine for a licensee shall be $500.00;

(19) 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 805.07(a) , the fine for a licensed facility shall be $500.00;

(20) When an inspection determines that a violation of RSA 151 or He-P 805 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 deficiency is cited within 5 years of the original deficiency the fine for a licensee shall be $1000.00; or

b. If the same deficiency is cited a third time within 5 years of being fined in a. above the fine for a licensee shall be $2000.00;

(21) Each day that the individual or licensee continues to be in violation of the provisions of RSA 151 or He-P 805 shall constitute a separate violation warranting additional fines in accordance with He-P 805.12; and

(22) If the applicant or licensee is making good faith efforts to comply with (4), (6) and (14) above, 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.

(h) The department shall impose state monitoring under the following conditions:

(1) Repeated poor compliance on the part of the facility in areas that may impact the health, safety or well-being of residents; or

(2) Concern that the conditions in the SRHCF have the potential to worsen.

#2261, eff 1-17-83; ss by #3193, eff 1-28-86; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92

New. #5513, eff 11-25-92; ss by #5665, eff 7-14-93; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99

New. #8746, eff 10-25-06

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