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 810.11 - Complaints and Investigations

Universal Citation: NH Admin Rules He-P 810.11

Current through Register No. 12, March 21, 2024

(a) The department shall investigate any complaint that meets the following conditions:

(1) The alleged violation(s) occurred not more than 6 months prior to the date the department was made aware of the allegation(s);

(2) The complaint is based upon the complainant's first-hand knowledge regarding the allegation(s) or on information reported directly to the complainant by a person who has first-hand knowledge regarding the allegation(s); and

(3) There is sufficient specific information for the department to determine that the allegation(s), if proven to be true, would constitute a violation of any of the provisions of RSA 151 or He-P 810.

(b) When practicable, the complaint shall be in writing and contain the following information:

(1) The name and address, if known, of the birthing center, or the alleged unlicensed individual or entity;

(2) The name, address, and telephone number of the complainant; and

(3) A description of the situation that supports the complaint and the alleged violation(s) of RSA 151 or He-P 810.

(c) Investigations shall include all techniques and methods for gathering information which are appropriate to the circumstances of the complaint, including, but not limited to:

(1) Requests for additional information from the complainant;

(2) A physical inspection of the premises;

(3) Review of any records that might be relevant and have probative value; and

(4) Interviews with individuals who might have information that is relevant to the investigation and might have probative value.

(d) The following shall apply for a licensed birthing center:

(1) The department shall provide written notification of the results of the investigation to the licensee along with a statement of findings or notice to correct if areas of noncompliance were found as a result of the investigation;

(2) The department shall notify any other federal, state, or local agencies of suspected violations of their statutes or rules based on the results of the investigation, as appropriate;

(3) If the department determines that the complaint is unfounded or does not violate any statutes or rules, the department shall notify the licensee in writing and take no further action; and

(4) If the investigation results in areas of noncompliance being cited, the licensee shall be required to submit a POC in accordance with He-P 810.12(c) .

(e) The following shall apply for the unlicensed individual or entity:

(1) The department shall provide written notification to the owner or person responsible that includes:
a. The date of investigation;

b. The reasons for the investigation; and

c. Whether or not the investigation resulted in a determination that the services being provided require licensing under RSA 151:2, I;

(2) In accordance with RSA 151:7-a, II, the owner or person responsible shall be allowed 7 days from the date of the notice required by (1) above to submit a completed application for a license;

(3) If the owner of an unlicensed facility does not comply with (2) above the department shall issue a written warning to immediately comply with RSA 151 and He-P 817; and

(4) Any person or entity who fails to comply after receiving a warning as described in (i) above, shall be subject to an action by the department for injunctive relief under RSA 151:17.

(f) Complaint investigations shall be confidential in accordance with RSA 151:13, and shall not be disclosed publicly, but shall be released by the department on written request only:

(1) To the department of justice when relevant to a specific investigation;

(2) To law enforcement when relevant to a specific criminal investigation;

(3) When a court of competent jurisdiction orders the department to release such information; and

(4) In connection with an adjudicative proceeding relative to licensure.

#8957, eff 7-27-07

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