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 813 - ADULT FAMILY CARE RESIDENCE
Section He-P 813.09 - Inspections and Plans of Correction

Universal Citation: NH Admin Rules He-P 813.09

Current through Register No. 40, October 3, 2024

(a) The department shall conduct inspections to determine compliance with all applicable rules prior to:

(1) Issuing an initial certification; and

(2) Renewal of a certificate except as allowed by He-P 813.10.

(b) Following an inspection and determination pursuant to (a) above, the department shall issue a written inspection report that includes:

(1) The name and address of the physical location of the AFCR;

(2) The name of the responsible oversight agency;

(3) The date of the inspection;

(4) The name of the person(s) conducting the inspection; and

(5) A listing of all rules with which the AFCR failed to comply.

(c) If deficiencies were cited in the inspection report, within 21 days of the date of issuance of the report, the AFCR shall submit a written plan of correction or submit information as to why the deficiency(ies) did not exist.

(d) The department shall evaluate any submitted information on its merits and render a written decision on whether a written plan of correction is necessary.

(e) The plan of correction submitted in accordance with (c) above shall describe:

(1) How the AFCR corrected or intends to correct the deficiency(ies);

(2) How the AFCR intends to prevent reoccurrence of each deficiency; and

(3) The date by which each deficiency shall be corrected.

(f) The department shall issue a certificate if it determines that the plan of correction:

(1) Addresses the deficiency in a manner which achieves full compliance with rules cited in the inspection report;

(2) Addresses all deficiencies cited in the inspection report;

(3) Does not create a new violation of statute or rule as a result of its implementation; and

(4) States a completion date.

(g) The department shall reject a plan of correction that fails to comply with (e) and (f) above.

(h) If the proposed plan of correction is rejected, the department shall notify the AFCR in writing of the reason(s) for rejection.

(i) Within 21 days of the date of the written notice under (h) above, the AFCR shall submit a revised plan of correction that:

(1) Includes proposed alternatives that address the reason(s) for rejection; and

(2) Is reviewed in accordance with (e) and (f) above.

(j) If the revised plan of correction is rejected, the department shall deny the certification request.

(k) The department shall verify that a plan of correction, as submitted and accepted, has been implemented by:

(1) Reviewing materials submitted by the AFCR;

(2) Conducting a follow-up inspection; or

(3) Reviewing compliance during the next certification inspection required by He-P 813.

(l) AFCR's shall receive announced or unannounced quality assurance visits.

#8595, eff 4-1-06; ss by #9899-A, eff 3-29-11

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