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 811 - END STAGE RENAL DISEASE DIALYSIS CENTERS
Section He-P 811.08 - ESRDDC Requirements for Organizational Changes

Universal Citation: NH Admin Rules He-P 811.08

Current through Register No. 40, October 3, 2024

(a) The ESRDDC 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) Dialysis stations; or

(6) Affiliated parties or related parties.

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

(c) The ESRDDC 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 the number of dialysis stations beyond what is authorized under the current license.

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

(e) The ESRDDC shall inform the department in writing as soon as possible prior to a change in administrator and provide the department with the following:

(1) The information specified in He-P 811.04(a) (9) if not currently employed by the licensee;

(2) A resume identifying the name and qualifications of the new administrator; and

(3) Copies of applicable licenses for the new administrator.

(f) Upon review of the materials submitted in accordance with (e) above, the department shall make a determination as to whether the new administrator:

(1) Does not have a history of any of the criteria identified in He-P 811.05(f) ; and

(2) Meets the qualifications for the position as specified in He-P 811.15(a) .

(g) If the department determines that the new administrator does not meet the qualifications as specified in He-P 811.15(a) , it shall so notify the ESRDDC in writing so that a waiver can be sought or the program can search for a qualified candidate.

(h) When there is to be a change in the services provided, the ESRDDC 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.

(i) The department shall review the information submitted under (h) above and determine if the added services can be provided under the ESRDDC's current license.

(j) An inspection by the department shall be conducted prior to operation when there are changes in the following:

(1) Ownership, unless the current licensee has no outstanding administrative actions in process and there will be no changes made by the new owner in the scope of services provided;

(2) The physical location; or

(3) An increase in the number of dialysis stations beyond what is authorized under the current license.

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

(l) A revised license and license certificate shall be issued for changes in the ESRDDC's name.

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

(1) A change of administrator;

(2) A change in the number of dialysis stations from what is authorized under the current license; or

(3) When a waiver has been granted under He-P 811.10.

(n) Licenses issued under (j) (1) above shall expire on the date the license issued to the previous owner would have expired.

(o) The licensee shall return the previous license to the division within 10 days of the ESRDDC changing its ownership, physical location, address, or name.

(p) If a licensee chooses to cease operation of an ESRDDC, the licensee shall submit written notification to the department at least 60 days in advance which shall include a written closure plan that ensures adequate care of clients until they are transferred or discharged to an appropriate alternate setting including but not limited to another ESRDDC.

#9963, eff 7-28-11

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