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 811.12 - Administrative Remedies
Universal Citation: NH Admin Rules He-P 811.12
Current through Register No. 40, October 3, 2024
(a) The department shall, after notice and opportunity to be heard, impose administrative remedies for violations of RSA 151, He-P 811, or other applicable licensing rules, including:
(1)
Requiring a licensee to submit a POC;
(2) Imposing a directed POC upon a licensee;
(3) Imposing fines upon an
unlicensed individual, applicant, or licensee;
(4) Suspension of a license; or
(5) Revocation of a license.
(b) When fines are imposed, the department shall provide a written notice, as applicable, which:
(1) Identifies each area of
non-compliance;
(2) Identifies the
specific remedy(s) that has been proposed; and
(3) Provides the licensee with the following
information:
a. The right to a hearing in
accordance with RSA 541-A and He-C 200 prior to the fine becoming final;
and
b. The automatic reduction of a
fine by 25% if the licensee waives the right to a hearing, 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.
(c) A POC shall be developed and enforced in the following manner:
(1) Upon receipt of a
notice of the areas of non-compliance, the licensee shall submit a POC
detailing:
a. How the licensee intends to
correct each area of non-compliance;
b. What measures will be put in place, or
what system changes will be made to ensure that the area of non-compliance does
not recur; and
c. The date by which
each area of non-compliance 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 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 day period but has been unable to do so; and
b. The department determines that the health,
safety, or well-being of a patient 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 811;
b. Addresses
all area of non-compliance and deficient practices as cited in the inspection
report;
c. Prevents a new violation
of RSA 151 or He-P 811 as a result of the implementation of the POC;
and
d. Specifies the date upon
which the areas of non-compliance 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, either 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 patient will not be jeopardized as a result of granting the waiver;
c. The revised POC
shall comply with (1) above and be reviewed in accordance with (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 811.12(b); and
b. Issued a directed POC in accordance with
(d) below and shall be subject to a fine in accordance with (f) (12) below.
(d) The department shall develop and impose a directed POC that specifies corrective actions for the licensee to implement when:
(1) As a result of an inspection, areas of
non-compliance were identified that require immediate corrective action to
protect the health and safety of the clients 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
or administrator has not been accepted.
(e) If at the time of the next inspection the directed POC in (d) above has not been implemented by the completion date stated in the directed POC, the department shall, as appropriate:
(1) Issue a warning that enforcement action
will be taken if the POC is not implemented;
(2) Impose a fine;
(3) Deny the application for a renewal of a
license; or
(4) Revoke or suspend
the license in accordance with
He-P
811.13.
(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 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 comply with the
directives of a warning issued by the department in violation of
RSA
151:7-a and
He-P 811.11(h)
, the fine shall be $500.00;
(5) For a failure to submit a renewal
application for a license prior to the expiration date, in violation of
He-P
811.06(b) , the fine shall be
$100.00;
(6) For a failure to
notify the department prior to a change of ownership, in violation of
He-P
811.08(a) (1) , the fine shall be
$500.00;
(7) For a failure to
notify the department prior to a change in the physical location, in violation
of
He-P
811.08(a) (2) , the fine shall be
$500.00;
(8) For a refusal to allow
access by the department to the ESRDDC's premises, programs, services, or
records, in violation of
He-P 811.09(a)
, the fine for an applicant, individual, or
licensee shall be $2000.00;
(9) For
refusal to cooperate with the inspection or investigation conducted by the
department, the fine shall be $ 2000.00;
(10) 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 811.12(c) (2) or (5) (b),
the fine for a licensee shall be $100.00 unless an extension has been granted
by the department;
(11) For a
failure to implement any POC that has been accepted or issued by the
department, in violation of He-P 811.12(c) (8), the fine for a licensee shall
be $1000.00;
(12) For a failure to
establish, implement, or comply with licensee policies, after being notified in
writing by the department of the need to establish, implement, or comply with
licensee policies, as required by
He-P
811.14(c) , the fine for a licensee
shall be $500.00;
(13) For a
failure to provide services or programs required by the licensing
classification and specified by
He-P
811.14(b) , the fine for a licensee
shall be $500.00;
(14) For
exceeding the maximum number of dialysis stations, in violation of
He-P
811.14(j) , the fine for a licensee
shall be $500.00;
(15) For
falsification of information contained on an application or of any records
required to be maintained for licensing, in violation of
He-P
811.14(g) , the fine shall be $500.00
per offense;
(16) For a failure to
meet the needs of the client, in violation of
He-P
811.14(l) (1) , the fine for a
licensee shall be $500.00;
(17) For
employing an administrator or other personnel who do not meet the
qualifications for the position, in violation of
He-P 811.15(a)
and 811.18(a) (4) -(5), the fine for a
licensee shall be $500.00;
(18)
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
807.07(a) , the fine for a licensed
facility shall be $500.00;
(19)
When an inspection determines that a violation of RSA 151 or He-P 811 has the
potential to jeopardize the health, safety, or well-being of a client, in
addition to any other enforcement actions taken by the department, the fines
assessed shall be as follows:
a. If the same
area of non-compliance is cited within 2 years of the original area of
non-compliance, the fine for a licensee shall be double the initial fine, but
not to exceed $2000.00; and
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 triple the initial fine,
but not to exceed $2000.00;
(20) Each day that the individual or licensee
continues to be in violation of the provisions of RSA 151 or He-P 811 shall
constitute a separate violation and shall be fined in accordance with He-P
811.12(f), provided that the applicant or licensee is making good faith efforts
to comply with the violations of the provisions of RSA 151 or He-P 811, as
verified by documentation or other means, 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.
#9963, eff 7-28-11
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