Current through Register No. 40, October 3, 2024
(a) The
department shall impose administrative remedies for violations of RSA 151, He-P
820, or other applicable rules, including:
(1)
Requiring a registrant to submit a plan of correction (POC) in accordance with
(c) below;
(2) Imposing a directed
POC upon a registrant in accordance with (d) below;
(3) Imposing a fine upon an unregistered
individual, applicant, or a registrant;
(4) Monitoring of a registrant; or
(5) Revocation of a registration.
(b) When administrative remedies
are imposed, the department shall provide a written notice, as applicable,
which:
(1) Identifies each area in which the
registrant is not in compliance with RSA 151 or a provision of these rules;
and
(2) Identifies the specific
remedy(s) that have been proposed.
(c) A POC shall be developed and enforced in
the following manner:
(1) Upon receipt of a
statement of findings, the registrant shall submit its written POC for each
item, written in the appropriate place on the statement or notice and
containing:
a. How the registrant 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 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 registrant shall submit a POC to the
department within 21 calendar days of the date on the letter that transmitted
the statement of findings or notice to correct unless the registrant requests,
either verbally or in writing, and the department agrees, to extend that
deadline, based on the following criteria:
a.
The registrant demonstrates that he or she has made a good faith effort to
develop and submit the POC within the 21-calendar 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 820;
b. Addresses all
areas of non-compliance as cited in the statement of findings or notice to
correct;
c. Prevents a new
violation of RSA 151 or He-P 820 as a result of the implementation of the POC;
and
d. Specifies the date upon
which the deficiencies will be corrected;
(4) If the POC is acceptable, the department
shall issue a registration 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 registrant in writing within 14 days of the reason
for rejecting the POC;
(6) The
registrant 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 registrant requests an
extension, either via telephone or in writing, and the department grants the
extension, based on the following criteria:
a.
The registrant demonstrates that the registrant has made a good faith effort 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 waiver;
(7) The revised POC shall comply with (1)
above and be reviewed in accordance with (3) above;
(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
registrant shall be subject to a directed POC in accordance with (d) below and
a fine in accordance with
He-P
820.11(c)(7);
(9) The department shall verify the
implementation of any POC that has been submitted and accepted by:
a. Reviewing materials submitted by the
registrant;
b. Conducting a
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
registrant 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 registrant shall be:
a. Notified by the department in accordance
with (b) above; and
b. Issued a
directed POC in accordance with (d) below and shall be subject to a fine in
accordance with He-P
820.11(c)(7).
(d) The department shall develop and impose a
directed POC that specifies corrective actions for the registrant 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
(3) A revised POC submitted by the registrant
or administrator 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) Issue a warning that enforcement action
will be taken if the POC is not implemented;
(2) Impose a fine according to
He-P
820.11(c)(7);
(3) Deny the application for a renewal of a
registration in accordance with
He-P
820.11(b)(6); or
(4) Revoke or suspend the registration in
accordance with He-P
820.11(b).
(f) The department shall offer an opportunity
for informal dispute resolution to any applicant or registrant who disagrees
with an area or areas of non-compliance cited by the department on a statement
of findings or a notice to correct, provided that the applicant or registrant
submits a written request for an informal dispute resolution to the
department.
(g) The informal
dispute resolution shall be requested in writing by the applicant, registrant,
or administrator no later than 14 days from the date the statement of findings
or notice to correct 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 registrant of the determination.
(i) An informal dispute resolution shall not
be available for any applicant or registrant against who the department has
imposed an administrative fine, or initiated action to suspend, revoke, deny,
or refuse to issue or renew a registration.
(j) The department shall impose state
monitoring under the following conditions:
(1)
Repeated non-compliance on the part of the IHCSP in areas that impact the
health, safety, or well-being of clients; or
(2) The presence of conditions in the IHCSP
that negatively impact the health, safety, or well-being of clients.
#10013, eff 10-22-11; ss by #10206, eff
10-20-12
