Current through Register No. 40, October 3, 2024
(a) The department
shall impose administrative remedies for violations of RSA 151, He-P 819 or
other applicable licensing rules, including:
(1) Requiring a licensee to submit a POC in
accordance with (c) below
(2)
Imposing a directed POC upon a licensee in accordance with (d) below
(3) Imposing conditions upon a licensee;
or
(4) Monitoring of a
license.
(b) When
administrative remedies are imposed, the department shall provide a written
notice, as applicable, which:
(1) Identifies
each area of non-compliance and
(2)
Identifies the specific remedy(s) that has been proposed.
(c) A POC shall be developed and enforced in
the following manner:
(1) Upon receipt of a
statement of findings, the licensee shall submit a written POC which shall
contain the following:
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(s) of non-compliance
does not recur; to include how the measures will be evaluated for
effectiveness;
c. The date by which
each area of non-compliance shall be corrected; and
d. The position of the employee responsible
for the corrective action;
(2) The licensee shall submit a POC to the
department within 21 days of the date on the letter that transmitted the
statement of findings, 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 they have made a good faith effort, as verified by
documentation or other means, 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 client 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 819;
b. Addresses all
areas of non-compliance as cited in the statement of findings;
c. Prevents a new violation of RSA 151 or
He-P 819 as a result of the implementation of the POC; and
d. Specifies the date upon which the
deficiencies shall 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 the
department shall notify the licensee in writing within 14 days of the reason
for rejecting the POC;
(6) 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 verbally or in writing, and the department grants the extension, based
on the following criteria:
a. The licensee
demonstrates that they have made a good faith effort, as verified by
documentation or other means, to develop and submit the POC within the 14 day
period but has been unable to do so; and
b. The department determines that the health,
safety, or well-being of a client will not be jeopardized as a result of
granting the extension;
(7) The revised POC shall comply with (c)(1)
above and be reviewed in accordance with (c)(3) above; and
(8) 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
He-P
819.13;
(9) 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 an on-site
follow-up inspection; or
c.
Reviewing compliance during the next annual inspection;
(10) Verification of the implementation of
any POC shall only occur after the date of completion specified by the licensee
in the plan; and
(11) 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
819.12(b); and
b. Issued a directed POC in accordance with
(d) below and shall be subject to a fine in accordance with
He-P
819.13.
(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 such other date as
applicable if an extension was granted by the department or
(3) A revised POC submitted by the licensee
has not been accepted.
(e) If at the time of the next inspection the
directed POC referenced in (d) above has not been implemented by the completion
date stated in the directed POC, the department shall:
(1) Impose a fine;
(2) Deny the application for a renewal of a
license in accordance with
He-P
819.13; or
(3) Revoke the license in accordance with
He-P
819.13(b)(6).
(f) The department shall offer an opportunity
for informal dispute resolution to any applicant or licensee who disagrees with
an area or areas of non-compliance cited by the department in a statement of
findings, provided that the applicant or licensee submits a written request for
informal dispute resolution.
(g)
The informal dispute resolution shall be requested in writing by the applicant,
licensee, or administrator no later than 14 days from the date the statement of
findings was issued by the department.
(h) The department shall change the statement
of findings if, based on the evidence presented, the statement of findings is
determined to be incorrect. The department shall provide a written notice to
the applicant or licensee of the determination.
(i) The deadline to submit a POC in
accordance with He-P
819.12(c)(2) above shall not apply
until the notice of the determination in (h) above has been provided to the
applicant or licensee.
(j) Informal
dispute resolution shall not be available to any applicant or licensee against
whom the department has imposed an administrative fine or initiated an action
to revoke, deny, or refuse to issue or renew a license.
(k) The department shall impose state
monitoring if repeated non-compliance on the part of the agency occurs in areas
that negatively impact the health, safety, or well-being of clients.
