Current through Register No. 40, October 3, 2024
(a)
The department shall deny an application for certification if:
(1) The applicant, certificate holder, or any
person living in the AFCR has:
a. Been found
guilty of abuse, neglect, or exploitation of any person, or assault, fraud or a
felony against a person in this or any other state by a court of law;
or
b. Had a complaint investigation
for abuse, neglect, or exploitation substantiated by the department or an
administrative agency of any other state and has not received a waiver in
accordance with He-P 813;
(2) Any family provider or person living in
the AFCR has a felony conviction;
(3) Any individual living in the AFCR has a
misdemeanor conviction that involves:
a.
Physical or sexual assault;
b.
Violence or exploitation;
c. Child
pornography;
d. Threatening or
reckless conduct;
e. Theft;
or
f. Any other conduct that
represents evidence of behavior that could endanger the well being of an
individual;
(4) An
applicant or family member has an illness or behavior that, as evidenced by the
documentation obtained and the observations made by the department, would
endanger the well-being of the individuals or impair the ability of the AFCR to
comply with department rules;
(5)
The applicant or any representative of the applicant:
a. Knowingly provides false or misleading
information to the department;
b.
Prevents or interferes with any inspection or investigation by the department;
and
c. Fails to provide required
documents to the department;
(6) An inspection of an applicant for a new
certificate finds the applicant to be out of compliance with RSA 151 or HeP 813
or other applicable certification rules;
(7) At an inspection the applicant or
certificate holder is not in compliance with RSA 151 or He-P 813 or other
applicable certification rules;
(8)
The applicant has demonstrated a history or pattern of multiple, or repeat
violations of RSA 151 or its implementing administrative rules that pose or
have posed a health or safety risk to individuals receiving care in the
AFCR;
(9) The applicant has
submitted a plan of correction that has been rejected by the department in
accordance with He-P 813; or
(10)
The applicant failed to fully implement and continue to comply with a plan of
correction that has been accepted by the department in accordance with He-P
813.
(b) If the
department determines that the AFCR meets any of the criteria for denial listed
in He-P 813 the department shall deny the certification of the
residence.
(c) Certification shall
be denied upon the written notice by the department to the AFCR stating the
specific rule(s) with which the residence does not comply.
(d) Any applicant aggrieved by the denial of
an application may request an adjudicative proceeding in accordance with HeP
813.
(e) An AFCR shall not admit
additional residents if a notice of denial of certificate has been
issued.
