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 820 - INDIVIDUAL HOME CARE SERVICE PROVIDERS
Section He-P 820.09 - Complaints

Universal Citation: NH Admin Rules He-P 820.09

Current through Register No. 12, March 21, 2024

(a) The department shall investigate complaints that allege a violation of RSA 151 or He-P 820, as follows:

(1) That an individual is soliciting and providing personal care services or homemaker services for compensation without being registered;

(2) That an individual is representing himself or herself as being able to perform services for compensation that require a registration under RSA 151:2, V, but has not met the requirements of RSA 151; or

(3) That an individual who is a registered individual home care service provider has been convicted of a felony in this or any other state, has been convicted for sexual assault or other violent crimes, or has been convicted of assault, fraud, abuse, neglect, exploitation or any other criminal offense that suggests they may pose a threat to the health, safety or well-being of a client.

(b) The complaint shall be in writing, except when impractical due to the complainant's inability to write, and contain the following information:

(1) The name, address and telephone number of the individual making the complaint;

(2) The name, address and telephone number, when practical, for the subject of the complaint; and

(3) The allegations that support the complaint.

(c) For a registered individual if the complaint is founded, the department shall:

(1) Provide written notification of the results of the investigation to the registrant;

(2) Provide written notification to the registrant of the corrective action that must be taken to resolve the issues underlying the complaint; and

(3) Notify any other federal, state or local agencies of suspected violations of their statutes or rules based on the results of the investigation, if appropriate.

(d) For an unregistered individual, subsequent to an investigation that has discovered a founded complaint, the department shall provide written notification to the individual that includes:

(1) The date of investigation;

(2) The reasons for the investigation; and

(3) Whether or not the investigation resulted in a determination that the services being provided require registration under RSA 151:2, V.

(e) If the department determines that the complaint is unfounded, the department shall so notify the person making the complaint and the subject of the complaint and take no further action.

(f) If an individual does not respond to a written notice within 30 days of the date it was sent, or if the department does not agree with the individual's response, the department shall:

(1) Issue a written warning to immediately comply with RSA 151 and He-P 820; and

(2) Provide notice stating that the individual has the right to appeal the warning in accordance with RSA 151:7-a, III.

(g) Any individual who fails to comply after receiving a warning as described in (f) above shall be subject to an action by the department for injunctive relief under RSA 151:17.

(h) The fact that the department takes action for injunctive relief under RSA 151:17 shall not preclude the department from taking other action under RSA 151, He-P 820 or other applicable laws.

(i) Complaint investigation files shall be confidential in accordance with RSA 151:13, and shall not be disclosed publicly but shall be released by the department on written request only:

(1) To the department of justice when relevant to a specific investigation;

(2) To law enforcement when relevant to a specific criminal investigation;

(3) When a court of competent jurisdiction orders the department to release such information; or

(4) In connection with any adjudicative proceedings relative to the registrant solely for the purposes of the adjudicative action.

#10013, eff 10-22-11; ss by #10206, eff 10-20-12

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