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 810 - BIRTHING CENTER RULES
Section He-P 810.08 - Birthing Center Requirements for Organizational or Service Changes

Universal Citation: NH Admin Rules He-P 810.08

Current through Register No. 12, March 21, 2024

(a) The birthing center shall provide the department with written notice at least 30 days prior to changes in any of the following:

(1) Ownership;

(2) Physical location;

(3) Address;

(4) Name;

(5) Number of beds; or

(6) Services.

(b) The birthing center shall complete and submit a new application and obtain a new or revised license, license certificate, or both, as applicable, prior to operating, for:

(1) A change in ownership;

(2) A change in the physical location; or

(3) An increase in number of beds.

(c) When there is a change in address without a change in location, the birthing center shall provide the department with a copy of the notification from the local, state, or federal agency that requires the address change.

(d) When there is a change in the name, the birthing center shall submit to the department a copy of the certificate of amendment from the New Hampshire secretary of state, if applicable.

(e) When there is to be a change in the services provided, the birthing center shall provide the department with a description of the service change and, where applicable, identify what additional personnel will be hired and their qualifications, how the new services will be incorporated into the infection control and quality improvement programs, and describe what changes, if any, in the physical environment will be made.

(f) The department shall review the information submitted under (e) above and determine if the added services can be provided under the birthing center's current license.

(g) An inspection by the department shall be conducted prior to operation for changes in the following:

(1) Ownership, unless an inspection was conducted within 90 days of the date of the change in ownership and a plan of correction designed to address any areas of noncompliance was submitted and accepted by the department;

(2) The physical location;

(3) An increase in the number of beds; or

(4) A change in licensing classification.

(h) A new license shall be issued for a change in ownership or physical location.

(i) A revised license and license certificate shall be issued for a change in name.

(j) A license certificate shall be issued at the time of initial licensure.

(k) A revised license certificate shall be issued for any of the following:

(1) A change in administrator or medical director;

(2) An increase or decrease in the number of beds;

(3) A change in the scope of services provided;

(4) A change in address without a change in physical location; or

(5) When a waiver has been granted.

(l) The birthing center shall notify the department in writing as soon as possible prior to a change in administrator or medical director and provide the department with the following:

(1) A resume identifying the name and qualifications of the new administrator or medical director; and

(2) Copies of applicable licenses, certificates, or both, for the new administrator or medical director.

(m) Upon review of the materials submitted in accordance with (l) above, the department shall make a determination as to whether the new administrator or medical director meets the qualifications for the position, as specified in He-P 810.15(a) for an administrator and He-P 810.15(d) for a medical director.

(n) If the department determines that the new administrator or medical director does not meet the qualifications for their position as specified in (m) above, it shall so notify the birthing center in writing so that a waiver can be sought or the program can search for a qualified candidate.

(o) A restructuring of an established birthing center that does not result in a transfer of the controlling interest of the facility, but which might result in a change in the name of the facility or corporation, shall not constitute a change in ownership and a new license shall not be required.

(p) Licenses issued for a change of ownership shall expire on the date the license issued to the previous owner would have expired.

(q) Licensees shall inform the department in writing via e-mail, fax, or mail of any change in the facility's e-mail address as soon as practicable and in no case later than 10 days of the change, as this is the primary method used for all emergency notifications to the facility.

#5635, eff 6-7-93; ss by #7006, INTERIM, eff 5-26-99, EXPIRED: 9-23-99

New. #8957, eff 7-27-07

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