N.H. Admin. Code § He-P 601.09

Current through Register No. 45, November 7, 2024

Section He-P 601.09 - Revocation of Certification

(a) The department shall revoke a 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 founded report of abuse, neglect, or exploitation of an individual by an OQA staff person or personal care services worker, 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 received a waiver;

(2) Unless a waiver is granted, any OQA employee or personal care services worker, who has an administrative finding or criminal conviction as described in He-P 601.11;

(3) The OQA fails to perform criminal background checks on pursuant to He-P 601.11;

(4) An applicant or a licensee violated RSA 161-I or He-P 601 in a manner which poses a risk of harm to a client's health, safety or well-being;

(5) The OQA or any representative or employee of the OQA provides materially false or misleading information to the department;

(6) The OQA fails to permit or interferes with any inspection or investigation conducted by the department;

(7) The OQA fails to provide required documents to the department; or

(8) At an inspection, the OQA is not in compliance with these rules or other applicable rules.

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

(c) Any OQA aggrieved by the revocation of the certificate may request an adjudicative proceeding in accordance with He-P 601.15.

(d) The revocation shall not become final until the period for requesting an adjudicative proceeding has expired or, if the OQA requests an adjudicative proceeding, until such time as the administrative appeals unit issues a decision upholding the department's action.

(e) A OQA shall not accept additional individuals if a notice of revocation of certification has been issued.

(f) Any applicant, OQA, or executive director who has had a certification revoked, shall be prohibited from applying for a new or renewed certification for a period of 5 years.

(g) If an OQA's certification has been revoked the OQA shall:

(1) Notify the individual, his or her representative, and the individual's case manager;

(2) Notify OQA employees; and

(3) Discontinue operation immediately.

N.H. Admin. Code § He-P 601.09

(See Revision Notes # 1 and #2 at chapter heading for He-P 600) #9898-A, eff 3-29-11

Amended by Volume XL Number 41, Filed October 8, 2020, Proposed by #13115, Effective 10/1/2020, Expires 10/1/2030