Current through Register No. 2, January 9, 2025
Section He-A 504.08 - Administrative Remedies(a) The department shall impose administrative remedies for violations of He-A 500, including: (1) Requiring an IDCMP to submit a plan of correction (POC);(2) Imposing a directed POC upon an IDCMP; or(3) Withdrawal of an approval. (b) A POC shall be developed and enforced in the following manner: (1) Upon receipt of a notice of deficiencies, the IDCMP shall submit a POC detailing: a. How the IDCMP intends to correct each deficiency;b. What measures will be put in place, or what system changes will be made, to ensure that the deficiency does not recur; andc. The date by which each deficiency shall be corrected;(2) The IDCMP shall submit a POC to the department within 21 calendar days of the date on the notice in (1) above;(3) The department shall review and accept each POC that: a. Achieves compliance with He-A 500;b. Addresses all deficiencies and deficient practices as cited in the written notice described in (1) above;c. Prevents a new violation of He-A 500 as a result of the implementation of the POC; andd. Specifies the date by which the deficiencies shall be corrected;(4) If the POC is acceptable, the department shall provide written notification of acceptance of the POC;(5) If the POC is not acceptable: a. The department shall notify the IDCMP in writing of the reason for rejecting the POC;b. The IDCMP 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;c. The revised POC shall comply with (1) above and be reviewed in accordance with (3) above; andd. 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 IDCMP shall be subject to a directed POC in accordance with (d) below;(6) The department shall verify the implementation of any POC that has been submitted and accepted by:a. Reviewing materials submitted by the IDCMP; b. Conducting a follow-up visit; orc. Reviewing compliance during the next approval period visit;(7) Verification of the implementation of any POC shall only occur after the date of completion specified by the IDCMP in the POC; and(8) If the POC or revised POC has not been implemented by the completion date at the time of the next visit, the IDCMP shall be issued a directed POC in accordance with (d) below. (d) The department shall develop and impose a directed POC that specifies corrective actions for the IDCMP to implement when:(1) As a result of an on-site visit, deficiencies were identified that require immediate corrective action to protect the health and safety of the clients and employees or to ensure the privacy and confidentiality of clients;(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 IDCMP has not been accepted.(e) If at the time of the next on-site visit the directed POC in (d) above has not been implemented by the completion date stated in the directed POC, the department shall, as appropriate: (1) Deny the application for a renewal of an approval; or(2) Withdraw the approval in accordance with He-A 504.09(b) .N.H. Admin. Code § He-A 504.08