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 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 licensee to an administrative 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 violated a provision of RSA 151 or He-P 824 which poses a threat to
the patient's health, safety, or well-being;
(2) An applicant or licensee has failed to
pay an administrative fine imposed by the department;
(3) An applicant or licensee 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, the applicant or licensee fails to
submit an application that meets the requirements of
He-P
824.04;
(5) The applicant, licensee, or any
representative or employee of the applicant or licensee:
a. Provides false or misleading information
to the department;
b. Prevents,
interferes, or fails to cooperate with any inspection or inspection 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 824.12(c),
(d), and (e);
(7) The licensee has submitted a POC that has
not been accepted by the department in accordance with
He-P
824.12(c)(6) and has not submitted a
revised POC in accordance with
He-P
824.12(c)(6)b.;
(8) The licensee is cited a third time under
RSA 151 or He-P 824 for the same violation 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) below;
(10) Unless a waiver has been granted, upon
inspection, the applicant's premise is not in compliance with RSA 151 or He-P
824;
(11) Unless a waiver has been
granted, the department makes a determination that the applicant,
administrator, licensee, or a household member 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;
(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 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 as
follows:
(1) For a 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 provider;
(2) For a 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,
unlicensed provider or a licensee 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 provider shall be $500.00;
(4) For a failure to transfer a patient whose
needs exceeds the services or programs provided by the HH, in violation of
RSA
151:5-a, the fine for a licensee shall be
$500.00;
(5) For admission of a
patient whose needs exceed the services or programs authorized by the HH
licensing classification, in violation of
RSA
151:5-a, II and
He-P
824.15(a) and (b), the fine for a
licensee shall be $1000.00;
(6) 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
824.11(i), the fine for an unlicensed
provider or a licensee shall be $500.00;
(7) For a failure to submit a renewal
application for a license prior to the expiration date, in violation of
He-P
824.06(b), the fine for a licensee
shall be $100.00;
(8) For a failure
to notify the department prior to a change of ownership, in violation of
He-P
824.08(a)(1), the fine for a licensee
shall be $500.00;
(9) For a failure
to notify the department prior to a change in the physical location, in
violation of He-P
824.08(a)(2), the fine for a licensee
shall be $500.00;
(10) For a
failure to allow access by the department to the HH's premises, programs,
services, patients or records, in violation of
He-P
824.09(a)(1)-(3), the fine for an
applicant, unlicensed individual or licensee shall be $2000.00;
(11) For a failure to notify the department
prior to a change in the administrator or medical director, in violation of
He-P
824.08(d), the fine for a licensee
shall be $100.00;
(12) 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
824.12(c)(2) and (6), the fine for a
licensee shall be $100.00;
(13) 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
824.12(c)(11), the fine for a
licensee shall be $1000.00;
(14)
For a failure to establish, implement or comply with licensee policies, the
fine for a licensee shall be $500.00;
(15) For a failure to provide services or
programs required by the licensing classification and specified by
He-P
824.14(d), the fine for a licensee
shall be $500.00;
(16) For
exceeding capacity, in violation of
He-P
824.14(m), the fine for a licensee
shall be $500.00;
(17) For
providing false or misleading information or documentation, in violation of
He-P
812.14(g), the fine shall be
$1,000.00 per offense;
(18) For a
failure to meet the needs of the patient, in violation of
He-P
824.15(a), the fine for a licensee
shall be $1000.00 per patient;
(19)
For employing an administrator or other personnel who do not meet the
qualifications for the position, without having a waiver granted by the
department in accordance with
He-P
824.10 in violation of
He-P
824.18(h)-(j), the fine for a
licensee shall be $500.00;
(20) For
failure to submit architectural plans or drawings, when applicable, prior to
undertaking construction or renovation of the licensed facility in violation of
He-P
824.07(a), the fine for a licensed
facility shall be $500.00;
(21) For
occupying a renovated area of a licensed facility or a new construction prior
to approval by local and state authorities; the fine shall be $500.00 which
shall be assessed daily if the facility fails to vacate the renovated area
immediately upon receiving notice from the department;
(22) When an inspection determines that a
violation of RSA 151 or He-P 824 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
licensee 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 licensee shall be triple the original fine, but not to exceed
$2000.00; and
(23) Each
day that the individual or licensee continues to be in violation of the
provisions of RSA 151 or He-P 824 shall constitute a separate violation and
shall be fined provided that if the applicant or licensee is making good faith
efforts, as verified by documentation or other means, to comply with the
provisions of RSA 151 or He-P 824, the department shall not issue a daily
fine.
(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 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 appeal.
(f) If a written
request 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 provision of services
when it finds that the health, safety, or welfare of a patient 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 824 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 an HH's license has been denied or
revoked, the applicant, licensee, administrator or medical director shall not
be eligible to reapply for a license, or be employed as an administrator or
medical director for at least 5 years, if the enforcement action pertained to
their role in the HH.
(l) The
5-year period referenced in (k) above shall begin on:
(1) The date the department's decision to
revoke or deny the license, 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.
(m) Notwithstanding (k) 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 824.
(n) No ongoing enforcement action shall
preclude the imposition of any remedy available to the department under RSA
151, RSA 541-A or He-P 824.
#9317, eff
11-8-08
