Current through Register No. 40, October 3, 2024
(a) Prior to
taking enforcement action against an applicant or licensee, the department
shall send to the applicant or licensee a written notice that sets forth:
(1) The reasons for the proposed
action;
(2) The action to be taken
by the department;
(3) If a fine is
imposed, the automatic reduction of a fine by 25% if the fine is paid within 10
days of the date on the written notice from the department and the area(s) of
non-compliance has been corrected, or a POC has been accepted and approved by
the department; and
(4) The right
of an applicant or licensee to a hearing in accordance with
RSA
151:8 or
RSA
541-A:30, III, as
applicable, before the enforcement action becomes final.
(b) The department shall deny an application
or revoke a license if:
(1) An applicant or a
licensee has violated RSA 151 or He-P 819, in a manner that posed a risk of
harm to a client's health, safety, or well-being;
(2) An applicant or a licensee has failed to
pay an administrative fine imposed by the department;
(3) An applicant or a licensee has had a
check returned to the department for insufficient funds and has not
re-submitted the outstanding fee in the form of cash, money order, or certified
check;
(4) After being notified of,
and given an opportunity to supply missing information, or schedule an initial
inspection an applicant or licensee fails to submit an application that meets
the requirements of He-P 819.04;
(5) An applicant, licensee, or any
representative or employee of the applicant or licensee:
a. Provides false or misleading information
to the department;
b. Prevents or
interferes, or fails to cooperate with any inspection or investigation
conducted by the department; or
c.
Fails to provide requested files or documents to the department;
(6) The licensee failed to
implement or continue to implement a POC that has been accepted or imposed by
the department in accordance with
He-P
819.12(c), (d) and (e);
(7) The licensee has submitted a POC that has
not been accepted by the department in accordance with
He-P
819.12(c)(5) and has not submitted a
revised POC as required by
He-P
819.12(c)(5);
(8) The licensee is cited a third time under
RSA 151 or He-P 819 for the same violation(s) within the last 5
inspections;
(9) A licensee, or its
corporate officers has had a license revoked and submits an application during
the 5-year prohibition period specified in (i) and (j) below;
(10) Unless a waiver has been granted, upon
inspection, the applicant or licensee is not in compliance with RSA 151 or He-P
819;
(11) Unless a waiver has been
granted, the department makes a determination that the applicant,
administrator, or licensee has been found guilty of, or plead guilty to, felony
assault, theft, fraud, abuse, neglect, or exploitation of any person, in this
or any other state, or has had an investigation for abuse, neglect, or
exploitation adjudicated and founded by the department or any administrative
agency in this or any other state;
(12) The applicant or licensee employs an
administrator who does not meet the qualifications for the position under
circumstances in which the department has not granted a waiver; or
(13) The applicant or licensee has had a
license revoked by any division or unit of the department within 5 years prior
to the application.
(c)
The department shall impose fines on unlicensed individuals, applicants, or
licensees as follows:
(1) For 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 entity;
(2)
For 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,
licensee, or unlicensed entity 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 entity shall be $500.00;
(4) For failure to comply with the directives
of a warning issued by the department, in violation of
RSA
151:7-a and
He-P
819.11(e)(4), the fine for an
unlicensed entity or licensee shall be $500.00;
(5) For failure to submit a renewal
application for a license prior to its expiration date, in violation of
He-P
819.06(d), the fine shall be
$100.00;
(6) For failure to notify
the department prior to a change of ownership, in violation of
He-P
819.08(a)(1), the fine shall be
$500.00;
(7) For failure to notify
the department prior to a change in the physical location, in violation of
He-P
819.08(a)(2), the fine shall be
$1000.00;
(8) For failure to notify
the department of a change in e-mail address, in violation of
He-P
819.08(o), the fine shall be
$100.00;
(9) For failure to allow
the department access to the CMA's premises, programs, services, or records, in
violation of He-P 819.09(a),
the fine for an applicant, licensee, or unlicensed entity shall be
$2000.00;
(10) For failure to
submit a POC within 21 days of the date on the letter that transmits the
inspection report or a revised POC within 14 days of the date of a granted
extension, in violation of
He-P
819.12(c)(2) or
He-P
819.12(c)(5), the fine for a licensee
shall be $500;
(11) For failure to
implement or maintain the corrective action set forth in any POC or revised POC
that has been accepted or issued by the department, in violation of
He-P
819.12(c)(8), the fine for a licensee
shall be $1000.00;
(12) For failure
to establish, implement, or comply with licensee policies, as required by
He-P
819.14 (e), the fine for a licensee
shall be $500.00;
(13) For
providing false or misleading information or documentation to the department,
in violation of He-P 819.14(g),
the fine shall be $1000.00 per offense;
(14) For employing an administrator or other
personnel who do not meet the qualifications for the position, without having a
waiver, in violation of
He-P
819.15(a) or
He-P
819.17(g), the fine for a licensee
shall be $500.00;
(15) When an
inspection determines that a violation of RSA 151 or He-P 819 for which a fine
was previously imposed, in addition to any other enforcement actions taken by
the department, the fines assessed shall be as follows:
a. If the same areas of non-compliance is
cited within 2 years of the original areas of non-compliance the fine for a
licensee shall be $1000; or
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 original fine,
but not to exceed $2000.00;
(16) Each day that the individual or licensee
continues to be in violation of the provisions of RSA 151 or He-P 819 shall
constitute a separate violation and shall be fined in accordance with
He-P
819.13(f); and
(17) If the applicant or licensee is making
good faith efforts to comply with the provisions of RSA 151 or He-P 819 as
verified by documentation or other means, the department shall not issue a
daily fine.
(d) Payment
to the department of any imposed fine(s) 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.
(e) An applicant
or licensee shall have 30 days after receipt of the notice of enforcement
action to request a hearing to contest the action.
(f) If a written request for a hearing is not
made pursuant to (e) above, the action of the department shall become
final.
(g) The department shall
order the immediate suspension of a license and the cessation of operations
when it finds that the health, safety, or well-being of clients is in jeopardy
and requires emergency action in accordance with RSA 541:A-30, III.
(h) If an immediate suspension is upheld, the
licensee shall not resume operating until the department determines through
inspection that compliance with RSA 151 and He-P 819 is achieved.
(i) Hearings under this section shall be
conducted in accordance with RSA 541-A and He-C 200.
(j) RSA 541 shall govern further appeals of
department decisions under this section.
(k) When a CMA's license has been denied or
revoked, the applicant, licensee, or administrator shall not be eligible to
reapply for a license or be employed as an administrator for 5 years if the
enforcement action pertained to their role in the CMA.
(l) The 5 year period referenced in (k) above
shall begin on:
(1) The date of the
department's decision to revoke or deny the license, if no request for a
hearing is filed; or
(2) The date a
final decision upholding the action of the department is issued, if a request
for a hearing is made and a hearing is held.
(m) Notwithstanding (l) above, the department
shall consider an application submitted after the decision to revoke or deny
becomes final, if the applicant demonstrates that circumstances have changed to
the extent that the department now has good cause to believe that the applicant
has the requisite degree of knowledge, skills, and resources necessary to
maintain compliance with the provisions of RSA 151 and He-P 819
(n) If the department has reasonable
information or evidence that a licensee, applicant, administrator, or others
are circumventing (k) above by applying for a license through an agent or other
individual and will retain ownership, management authority, or both, the
department shall deny the application.
(o) No ongoing enforcement action shall
preclude the imposition of any other remedy available to the department under
RSA 151, RSA 541-A, or
