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 826 - SUBSTANCE USE DISORDER RESIDENTIAL TREATMENT FACILITIES
Section He-P 826.08 - SUD-RTF Requirements for Organizational or Service Changes

Universal Citation: NH Admin Rules He-P 826.08

Current through Register No. 40, October 3, 2024

(a) The SUD-RTF shall provide the department with written notice at least 30 days prior to changes in any of the following:

(1) Ownership;

(2) Physical location;

(3) Address;

(4) Name;

(5) Number of beds; or

(6) Services, to include all services referenced in He-P 826.04(a) (12) or tier or level changes.

(b) The SUD-RTF shall complete and submit a new application and obtain a new or revised license license certificate or both, as applicable, prior to operating for:

(1) A change in ownership;

(2) A change in the physical location; or

(3) An increase in number of clients or services beyond what is authorized under the current license.

(c) When there is a change in the address without a change in location, the SUD-RTF shall provide the department with a copy of the notification from the local, state, or federal agency that requires the address change.

(d) When there is a change in the name, the SUD-RTF shall submit to the department a copy of the certificate of amendment from the New Hampshire secretary of state, if applicable.

(e) When there is to be a change in the services provided, the SUD-RTF shall provide the department with a description of the service change and, where applicable, identify what additional personnel will be hired and their qualifications, how the new services will be incorporated into the infection control and quality improvement programs and describe what changes, if any, in the physical environment will be made.

(f) The department shall review the information submitted under (e) above and determine if the added services can be provided under the SUD-RTF's current license.

(g) An inspection by the department shall be conducted prior to operation for changes in the following:

(1) Ownership, unless the current licensee is in full compliance, then an inspection shall be conducted as soon as practical by the department;

(2) The physical location;

(3) An increase in the number of beds or clients;

(4) A change in license classification;

(5) A change that placed the facility under a different life safety code occupancy chapter; or

(6) A change in tier or level.

(h) A new license and license certificate shall be issued for a change in ownership or a change in physical location.

(i) A revised license and license certificate shall be issued for a change in the SUD-RTF name.

(j) A revised license certificate shall be issued for any of the following:

(1) A change of administrator;

(2) A change in the number of clients from what is authorized under the current license, if applicable;

(3) A change in address without a change in physical location; or

(4) When a waiver has been granted.

(k) The SUD-RTF shall inform the department in writing no later than 5 days prior to a change in administrator or medical director or as soon as practicable in the event of a death or other extenuating circumstances requiring an administrator change and provide the department with the following:

(1) A resume identifying the name and qualifications of the new administrator;

(2) The results of the criminal record check conducted under He-P 826.18(c);

(3) Copies of applicable licenses for the new administrator; and

(4) A copy of the criminal attestation as described He-P 826.18(u) .

(l) Upon review of the materials submitted in accordance with (k) above, the department shall make a determination as to whether the new administrator meets the qualifications for the position as specified in He-P 826.18(i) and (j) .

(m) If the department determines that the new administrator does not meet the qualifications, it shall notify the licensee in writing so that a waiver can be sought or the licensee can search for a qualified candidate.

(n) The SUD-RTF shall inform the department in writing via e-mail, fax, or mail of any change in the e-mail address as soon as practicable and in no case later than 10 days of the change as this is the primary method used for all emergency notifications to the facility.

(o) An organizational or service restructuring of an established SUD-RTF that does not result in a transfer of the controlling interest of the facility, but which might result in a change in the name of the facility or corporation, shall not constitute a change in ownership and a new license shall not be required.

(p) If a licensee chooses to cease operation of a SUD-RTF, the licensee shall submit written notification to the department at least 45 days in advance, which shall include a written closure plan that ensures adequate care of clients until they are transferred or discharged to an appropriate alternate setting.

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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