Section He-A 305.07 - Complaints and Criteria for Exclusion from the Registry(a) The department shall receive and review complaints that meet the following conditions: (1) Complaints submitted by residents or former residents of certified recovery houses listed on the NH voluntary certified recovery house registry and based on the complainant's first-hand knowledge regarding the allegation(s) or complaints by a third-party authorized to represent the complainant's concern about their safety or legal rights, which shall be referred to the proper authority;(2) Complaints concerning the health of residents and safety of the recovery house; (3) Complaints concerning the management of the recovery house including, but not limited to, house environment, financial procedures, staffing, house rules and regulations, recovery support environment, or any other concerns affecting the complainant; and(4) Complaints concerning illegal activities or threats. (b) Complainants shall complete and submit form "NH Recovery Housing Complaint Form" (June 2021) via mail, hand-delivery, or email to: Department of Health and Human Services
Division of Behavioral Health Services
Bureau of Alcohol and Drug Services
105 Pleasant Street
Concord, NH 03301
recoveryhousing@dhhs.nh.gov
(c) The department shall track all complaints.(d) A complainant may request that the complainant's identity be kept confidential throughout the complaint investigation process subject to the following: (1) The complainant might be contacted by the certifying body, or other investigative bodies related to legal and consumer fraud, to confirm and gather additional information concerning the complaint; and(2) The complainant's identity shall not be shared with the recovery house that the complaint is filed against without the complainant's expressed permission, subject to legal requirement concerning complainants involving illegal activities, harm or threats of harm, or violations of consumer protections laws.(e) The department shall review all complaints upon receipt and send them to the certifying body for action, and/or shall directly refer complaints that concern illegal activities, harm or threats of harm, or violations of consumer law or suspected non-compliance with state or federal laws to the appropriate authority.(f) The department shall remove a recovery house from the registry based on complaints concerning illegal activities, harm or imminent threats of harm, or violations of consumer protections laws referred to and investigated by the appropriate authority.(g) The certifying body shall notify the owner of the recovery house regarding the complaint with the details of the complaint excluding the identity of the complainant within 15 business days of receipt.(h) For complaints reviewed by the certifying body, the department shall be provided the following by the certifying body:(1) Quarterly reports on certified houses that are out of compliance with NARR standards and what actions were taken; and (2) An annual report on all certified recovery house complaints that includes the number of investigations and the results of each.(i) The certifying body shall notify the department within 3 days of the results of their complaint investigation and their recommendations concerning the following: (1) Revocation or suspension of NARR certification;(2) Referral for investigation by law enforcement agencies of reports of illegal activities, physical harm, or threats;(3) Facility deficiencies including overcrowding, unclean conditions, need for repairs or any other concerns related to the NARR standards that endanger the welfare of the residents;(4) Referral for investigation by the consumer protection bureau of reports of violation of consumer protection laws; or(5) Non-compliance with other state and federal laws.(j) Upon notification from the certifying body the department shall review the recommendation provided by the certifying body and remove the recovery house from the registry whose certification has been revoked or suspended.(k) A recovery house that is removed from the registry shall be notified within one business day of their removal from the registry.(l) A recovery house shall not be placed back on the registry until it is determined by the certifying body that compliance with the NARR standards and He-A 305 is achieved, and certification has been restored.N.H. Admin. Code § He-A 305.07
Derived fromVolume XXXIX Number 28, Filed July 11, 2019, Proposed by #12821, Effective 7/1/2019, Expires 12/30/2019.Amended by Volume XLI Number 32, Filed August 12, 2021, Proposed by #12969, Effective 1/8/2020, Expires 1/8/2030; Proposed by #13150, Effective 12/30/2020, Expires 6/28/2021; Proposed by #13223, Effective 6/26/2021, Expires 6/26/2031.The amended version of this section by New Hampshire Register Number 50, eff. 11/18/2024 is not yet available.