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 814 - COMMUNITY RESIDENCES AT THE RESIDENTIAL CARE AND SUPPORTED RESIDENTIAL CARE LEVEL
Section He-P 814.09 - CR Requirements for Organizational Changes

Universal Citation: NH Admin Rules He-P 814.09

Current through Register No. 12, March 21, 2024

(a) The CR 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; or

(5) Capacity.

(b) The CR 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 individuals beyond what is authorized under the current license.

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

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

(e) An inspection by the department shall be conducted prior to operation for changes in the following:

(1) Ownership, unless an inspection was conducted within 90 days of the date of the change in ownership and a plan of correction designed to address any areas of non-compliance was submitted and accepted by the department;

(2) The physical location;

(3) An increase in the number of beds;

(4) A change in licensing classification; or

(5) A change in the life safety code occupancy chapter.

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

(g) A revised license and license certificate shall be issued for changes in the CR name.

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

(1) A change of administrator;

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

(3) A change in address without a change in physical location; or

(4) When a waiver has been granted.

(i) The CR shall notify the department in writing no later than 5 days prior to a change in administrator as soon as practicable in the event of a death or other extenuating circumstances and provide the department with the following:

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

(2) Copies of applicable licenses, certificates, or both, for the new administrator; and

(3) The results of a criminal records check from the NH department of safety for the new administrator.

(j) Upon review of the materials submitted in accordance with (i) above, the department shall make a determination as to whether the new administrator meets the qualifications for the position as specified in He-P 814.18(l) and either He-M 1001 or He-M 1002.

(k) If the department determines that the new administrator does not meet the qualifications as specified in (j) above, it shall so notify the CR in writing so that a waiver can be sought or the CR can search for a qualified candidate.

(l) The CR shall inform the department in writing via e-mail, fax, or mail of any change in the e-mail address as soon as practicable and in no case later than 10 days of the change as this is the primary method used for all emergency notifications to the facility.

(m) A restructuring of an established CR that does not result in a transfer of the controlling interest of the facility, but which might result in a change in the name of the facility or corporation, shall not constitute a change in ownership and a new license shall not be required.

(n) Licenses issued for a change in ownership shall expire on the date the license issued to the previous owner would have expired.

(o) If a licensee chooses to cease the operation of the CR, the licensee shall submit written notification to the department at least 30 days in advance, which shall include a written closure plan that ensures adequate care of individuals until they are transferred or discharged to an appropriate alternate setting.

#9288, eff 10-3-08

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