Current through Register No. 40, October 3, 2024
(a) Prior to
imposing a fine, or denying or revoking a registration, the department shall
send to the applicant or registrant 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 the fine by 25% if the fine is paid within
10 days of the date on the written notice from the department and the area 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 registrant to a hearing shall be conducted in the same
manner as a registrant in accordance with
RSA
151:8 or
RSA
541-A:30, III, as
applicable.
(b) The
department shall deny an application or revoke a registration if:
(1) An applicant or a registrant violated any
of the provisions of RSA 151 or He-P 820 in a manner which poses a risk of harm
to a client's health, safety, or well-being;
(2) An applicant or a registrant has failed
to pay a fine imposed under administrative remedies;
(3) An applicant or a registrant 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, an applicant or
registrant fails to submit an application that meets the requirements of
He-P
820.04;
(5) An applicant, registrant, or any
representative of the applicant or registrant:
a. Provides false or misleading information
to the department;
b. Prevents,
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) A registrant has had a
registration revoked and submits an application during the 5-year prohibition
period specified in (g) below;
(7)
The registrant failed to implement or continue to implement a POC that has been
accepted or imposed by the department in accordance with
He-P
820.10(d) and (e);
(8) The registrant has submitted a POC that
has not been accepted by the department in accordance with
He-P
820.10(c)(5) and has not submitted a
revised POC as required by
He-P
820.10(c)(5);
(9) A registrant, has had a registration
revoked and submits an application during the 5-year prohibition period
specified in (h) below;
(10) Unless
a waiver has been granted the department makes a determination that the
registrant has been found guilty of or pled guilty to a felony assault, fraud,
theft, abuse, neglect, or exploitation adjudicated and founded by the
department or any administrative agency in this or any other state;
or
(11) The applicant has had a
registration revoked by any division or unit of the department within 5 years
prior to the application.
(c) The department shall impose fines as
follows:
(1) For a failure to cease providing
unregistered services after being notified by the department of the need for a
registration, in violation of
RSA
151:2, the fine shall be $200.00 for an
applicant or unregistered provider;
(2) For a failure to cease operations after a
denial of a registration 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 or
unregistered provider or a registrant shall be $200.00;
(3) For advertising services or otherwise
representing themselves as having a registration to provide services that they
are not registered to provide, in violation of
RSA
151:2, III, the fine for an
applicant or unregistered provider shall be $50.00;
(4) For a failure to comply with the
directives of a warning issued by the department, in violation of
RSA
151:7-a and
He-P
820.09(f), the fine for an
unregistered provider or a registrant shall be $50.00;
(5) For a failure to submit a renewal
application for a registration prior to the expiration date, in violation of
He-P
820.06(b), the fine for a registrant
shall be $10.00;
(6) For a failure
to allow access by the department to the IHCSP programs, services, patients or
records, in violation of
He-P
820.09(a)(1)-(3), the fine for an
applicant, unregistered individual, or registrant shall be $2000.00;
(7) For a failure to submit a POC or revised
POC, within 21 or 14 days, respectively, of the date on the letter that
transmits the inspection report, in violation of
He-P
820.10(c)(2) and (6), the fine for a
registrant shall be $100.00;
(8)
For a failure to implement or maintain the corrective action set forth in any
POC that has been accepted or issued by the department, in violation of
He-P
820.10(c)(11), the fine for a
registrant shall be $1000.00;
(9)
For falsification of information contained on an application, the fine for an
applicant or registrant shall be $50.00 per offense;
(10) When an inspection determines that a
violation of RSA 151 or He-P 820 has the potential to jeopardize the health,
safety, or well-being of a patient, in addition to any other enforcement
actions taken by the department, the fines assessed shall be as follows:
a. If the same area of non-compliance is
cited within 2 years of the original area of non-compliance, the fine for a
registrant shall be double the original fine, but not to exceed $1000.00;
and
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 registrant shall be triple the original fine, but not to exceed
$2000.00; and
(11) Each
day that the registrant continues to be in violation of the provisions of RSA
151 or HeP 820 shall constitute a separate violation and shall be fined in
accordance with He-P 820.10.
(d) Payment of any imposed fine to the
department 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 registrant has issued payment to the
department by check, and such check was returned for insufficient
funds.
(e) An applicant
or registrant shall have 30 days after issuance 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 revocation of a registration, the cessation of services,
and the transfer of care of clients 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) Hearings under this section shall be
conducted in accordance with RSA 541-A and He-C 200.
(i) When an individual's registration has
been denied or revoked, the applicant or registrant shall not be eligible to
reapply for a registration for 5 years from:
(1) The date of the department's decision to
revoke or deny the registration became effective, if no request for an
administrative hearing is requested; or
(2) The date an order is issued upholding the
action of the department, if a request for an administrative hearing was made
and a hearing was held.
(j) The 5-year period referenced in (i) above
shall begin on:
(1) The date the department's
decision to revoke or deny the registration, if not filed; or
(2) The date a final decision upholding the
action of the department is issued, if a request for an administrative hearing
was made and a hearing was held.
(k) Notwithstanding (j) 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
should be awarded a waiver under
He-P
820.08.
(l) No ongoing enforcement action shall
preclude the imposition of any remedy available to the department under RSA
151, RSA 541-A, or He-P 820.
#10013, eff 10-22-11; ss by #10206, eff
10-20-12
