N.H. Admin. Code § He-M 1001.15

Current through Register No. 50, December 12, 2024

Section He-M 1001.15 - Denial of Certification

(a) The department shall deny an application for certification, following written notice pursuant to (b) below and opportunity for a hearing pursuant to He-C 200, due to any of the following reasons:

(1) Any reported abuse, neglect, or exploitation of an individual by an applicant, residence administrator, provider, staff member, or person living in a community residence, if:

a. Such abuse, neglect, or exploitation is reported on the state registry of abuse, neglect, and exploitation in accordance with RSA 161:F-49;

b. Such person(s) continues to have contact with the individual; and

c. Such finding has not been overturned on appeal, been annulled, or received a waiver pursuant to He-M 1001.19;

(2) Any applicant, provider, staff member, or person living in the community residence has been found guilty of fraud or a felony against a person in this or any other state by a court of law;

(3) Any applicant, provider, staff member, or person living in the community residence has a misdemeanor conviction that involves:

a. Physical or sexual assault;

b. Violence or exploitation;

c. Child pornography;

d. Threatening or reckless conduct;

e. Possession or sale of illegal drugs;

f. Driving under the influence of drugs or alcohol;

g. Theft; or

h. Any other conduct that represents evidence of behavior that could endanger the well being of an individual;

(4) A provider agency or area agency fails to perform criminal background checks on all persons who:

a. Are paid to provide services under He-M 1001; and

b. Begin to provide such services on or after the effective date of He-M 1001;

(5) An applicant, provider, staff member, or person living in the community residence has an illness or behavior that, as evidenced by the documentation obtained or the observations made by the department, would endanger the well-being of the individuals or impair the ability of the community residence to comply with department rules;

(6) An applicant or provider, or any representative or employee of the applicant or provider, knowingly provides materially false or misleading information to the department;

(7) An applicant or provider, or any representative or employee of the applicant or provider, fails to permit or interferes with any inspection or investigation by the department;

(8) An applicant or provider, or any representative or employee of the applicant or provider, fails to provide required documents to the department;

(9) At an inspection the applicant or certificate holder is not in compliance with RSA 171-A or He-M 1001 or other applicable certification rules;

(10) An applicant or provider has a history of multiple or repeat violations of RSA 171-A or its implementing administrative rules that pose, or have posed, a health or safety risk to individuals;

(11) An applicant or provider has submitted a revised plan of correction that has been rejected by the department in accordance with He-M 1001.14(g) ;

(12) An applicant or provider has failed to fully implement or continue to comply with a plan of correction that has been accepted by the department in accordance with He-M 1001.14(f) ; or

(13) For community residences for 4 or more individuals, denial or revocation of licensure or denial of application for licensure has taken place.

(b) Certification shall be denied upon the written notice by the department to the community residence stating the specific rule(s) with which the residence does not comply.

(c) Any applicant or provider aggrieved by the denial of certification may request an adjudicative proceeding in accordance with He-M 1001.18. The denial shall not become final until the period for requesting an adjudicative proceeding has expired or, if the applicant or provider requests an adjudicative proceeding, until such time as the administrative appeals unit issues a decision upholding the department's action.

(d) A community residence shall not accept additional individuals if a notice of denial of certification has been issued.

N.H. Admin. Code § He-M 1001.15

#7681, eff 4-23-02; amd by #8209, eff 11-23-04; ss by #9696, INTERIM, eff 4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10

Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12650, Effective 10/24/2018, Expires 4/22/2028.