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 a hearing in accordance with
RSA 151:8
or
RSA 541-A:30,
III, as applicable before enforcement action
becomes final.
(b) The
department shall deny an application or revoke a license if:
(1) An applicant or a licensee has violated a
provision of RSA 151 or He-P 806, which poses a risk of harm to a patient's
health, safety, or well-being.
(2)
An applicant or a licensee has failed to pay an administrative fine imposed by
the department;
(3) An applicant or
a licensee has 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 an applicant or licensee fails to submit an application
that meets the requirements of
He-P
806.04;
(5) An applicant, licensee, or any
representative or employee of the applicant or licensee:
a. Provides false or misleading information
to the department;
b. Prevents or
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 fully
implement or continue to implement a POC that has been accepted or imposed by
the department in accordance with
He-P 806.12(c), (d) and
(e) ;
(7) The licensee has submitted a POC that has
not been accepted by the department in accordance with
He-P 806.12(c) (5)
and has not submitted a revised POC as
required by
He-P 806.12(c) (5)
;
(8) The licensee is cited a third time under
RSA 151 or He-P 806 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 He-P 806.13(h);
(10) Unless a waiver has been granted upon
inspection, the applicant's premise is not in compliance with RSA 151 or He-P
806;
(11) Unless a waiver has been
granted the department makes a determination that the applicant, administrator,
or licensee has been found guilty of or pled guilty to a felony assault, fraud,
theft, abuse, neglect, or exploitation adjudicated and founded by the
department or any administrative agency in this or any other state.
(12) The applicant or licensee employs an
administrator who does not meet the qualifications for the position under
circumstances in which the department has not granted a waiver; or
(13) The applicant has had a license revoked
by any division or unit of the department within 5 years prior to the
application.
(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 provider;
(2) For a failure to cease operations after a
denial of a license after receipt of an order to cease and desist 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
806.14(g) , the fine for an
applicant, licensee or unlicensed entity shall be $500.00;
(4) For a failure to transfer a client whose
needs exceeds the services or programs provided by the NEWCC in violation of
RSA
151:5-a, the fine shall be $500.00;
(5) For registration of a client whose needs
at the time of registration exceed the services or programs authorized by the
NEWCC, in violation of
RSA
151:5-a, II, and
He-P
806.14(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 806.11(e) (4)
, the fine for an unlicensed provider or
licensee shall be $500.00;
(7) For
a failure to submit a renewal application for a license prior to the expiration
date, in violation of
He-P
806.06(e) , the fine shall be
$100.00;
(8) For a failure to
notify the department prior to a change of ownership, in violation of
He-P
806.08(a) (1) , the fine 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
806.08(a) (2) , the fine shall be
$1000.00;
(10) For a failure to
notify the department of a change in e-mail address, in violation of
He-P
806.08(l) , the fine shall be
$100.00;
(11) For a refusal to
allow access by the department to the NEWCC's premises, programs, services or
records, in violation of
He-P 806.09(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 806.12(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 806.12(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
14(a), (d) & (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
806.14(c) , the fine for a licensee
shall be $500.00;
(16) For
providing false or misleading information or documentation, in violation of
He-P
806.14(i) , the fine shall be
$1000.00 per offense;
(17) For
failure to meet the needs of a client or clients, as described in
He-P
806.14(k) , the fine for a licensee
shall be $1000 per client;
(18) For
placing a client in a room that has not been approved or licensed by the
department, in violation of
He-P 806.09(b) (5)
, the fine for a licensee shall be
$500;
(19) 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 806.10, in violation
of
He-P 806.15(c)
, the fine for a licensee shall be
$500.00;
(20) 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
806.07(a) , the fine for a licensed
facility shall be $500.00;
(21) 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 806.09(b) (5)
, 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;
(22) When an inspection determines that there
is a violation of RSA 151 or He-P 806 for which a fine was previously imposed,
in addition to any other enforcement actions taken by the department, the fines
assed shall be as follows:
a. If the same area
of non-compliance is cited within 2 years of the original non-compliance, the
fine for a licensee shall be $1000; 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;
(23) Each day that the individual or licensee
continues to be in violation of the provisions of RSA 151 or He-P 806 shall
constitute a separate violation and shall be fined in accordance with He-P
806.13(c); and
(24) 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
or licensee 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 He-P 806.13(e), the action of the department shall become
final.
(g) The department shall
order the immediate suspension of a license and the secession of operations
when it finds that the health, safety or well-being of patients is in jeopardy
and requires emergency action in accordance with
RSA
541-A:30.
(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 806 is achieved.
(i) Hearings under this section shall be
conducted in accordance with RSA 541-A and He-C 200.
(j) When an NEWCC's license has been denied
or revoked, the applicant, licensee or administrator shall not be eligible to
reapply for a license or be employed as an administrator for at least 5 years,
if the enforcement action pertained to their role in the NEWCC
(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 became effective, if appeal
is filed; or
(2) The date a final
decision upholding the action of the department, if a request for an
administrative hearing was made and a hearing was 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 806.
(m) If the department has reasonable
information or evidence that a licensee, applicant, administrator, or others
are circumventing (k) 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 or He-P 806.
(o) Any
violations cited for fire code shall be appealed to the New Hampshire state
fire marshal.
#2349, eff 4-28-83; ss by #3193, eff 1-28-86; ss by
#5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92
New. #5512, eff 11-25-92; ss by
#6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
New. #9655, eff
2-13-10
