N.H. Code Admin. R. He-E 807.03

Current through Register No. 25, June 20, 2024
Section He-E 807.03 - Timeframes for Notification of Remedies, for Removal of Immediate Jeopardy, and for Achieving Substantial Compliance
(a) In situations where there is immediate jeopardy:
(1) No prior notice to the facility shall be required for the imposition of state monitoring in accordance with 42 CFR 488.402(f) (7) ;
(2) Notice of imposition of CMPs shall be given in accordance with the provisions of He-E 807.09 and 42 CFR 434 and 488.440; and
(3) For all other remedies, pursuant to 42 CFR 488.402(f) (3) , written notice of the imposition of a remedy or remedies, as referenced in He-E 807.02(c) (2) , shall be given to a NF at least 2 calendar days before the effective date of the enforcement action.
(b) In situations where there is no immediate jeopardy:
(1) No prior notice to the facility shall be required for the imposition of state monitoring in accordance with 42 CFR 488.402(f) (7) ;
(2) Notice of imposition of CMPs shall be given in accordance with the provisions of He-E 807.09 and 42 CFR 434 and 488.440; and
(3) For all other remedies, pursuant to 42 CFR 488.402(f) (4) , written notice of the imposition of a remedy or remedies, as referenced in He-E 807.02(c) (2) , shall be given to a NF at least 15 calendar days before the effective date of the enforcement action.
(c) In cases where immediate jeopardy exists, a NF shall submit in writing to the survey agency, within 10 calendar days, an allegation that the immediate jeopardy has been removed which contains sufficient detail to demonstrate that the immediate jeopardy has been addressed in such manner that the survey agency can verify onsite the removal of the immediate jeopardy.
(d) When notice has been given as described in (a) above, and the immediate jeopardy has not been removed within 23 calendar days from the last day of survey, the state medicaid agency shall terminate the provider agreement of the NF in accordance with 42 CFR 488.410, subject to the facility's right to appeal in accordance with He-E 807.14.
(e) For cases of non-immediate jeopardy, if a NF does not achieve substantial compliance:
(1) Within 3 months from the last day of survey that identified the non-compliance, the state medicaid agency shall impose denial of payment for new admissions as described in 42 CFR 488.417(b) (1) ; or
(2) Within 6 months from the last day of survey that identified the non-compliance, the state medicaid agency shall terminate the provider agreement as described in 42 CFR 488.450(c) and (d) , subject to the facility's right to appeal in accordance with He-E 807.14.

N.H. Code Admin. R. He-E 807.03

#8177, eff 9-23-04