Section He-P 804.08 - ALR-RC Requirements for Organizational or Service Changes(a) The ALR-RC shall provide the department with written notice at least 30 days prior to changes in any of the following: (b) The ALR-RC shall complete and submit a new application and obtain a new or revised license, license certificate, or both, as applicable, prior to operating for: (1) A change in ownership;(2) A change in the physical location; or(3) An increase in number of beds.(c) When there is a change in the address without a change in location, the ALR-RC shall provide the department with a copy of the notification from the local, state, or federal agency that requires the address change.(d) When there is a change in the name, the ALR-RC shall submit to the department a copy of the certificate of amendment from the New Hampshire secretary of state, if applicable.(e) An inspection by the department shall be conducted prior to operation for changes in the following: (1) Ownership, unless an inspection was conducted within 90 days of the date of the change in ownership and a plan of correction designed to address any areas of non-compliance was submitted and accepted by the department;(2) The physical location;(3) An increase in the number of beds or residents;(4) A change in licensing classification; or(5) A change that places the facility under a different life safety code occupancy chapter.(f) A new license and license certificate shall be issued for a change in ownership or a change in physical location.(g) A revised license and license certificate shall be issued for a change in the ALR-RC name.(h) A revised license certificate shall be issued for any of the following: (1) A change of administrator;(2) A change in the number of residents from what is authorized under the current license;(3) A change in address without a change in physical location; or(4) When a waiver has been granted.(i) The ALR-RC shall inform the department in writing no later than 5 days prior to a change in administrator or as soon as practicable in the event of a death or other extenuating circumstances requiring an administrator change and provide the department with the following: (1) A resume identifying the name and qualifications of the new administrator;(2) Copies of applicable licenses for the new administrator; and(3) The results of a criminal records check from the NH department of safety for the new administrator.(j) Upon review of the materials submitted in accordance with (i) above, the department shall make a determination as to whether the new administrator meets the qualifications for the position as specified in He-P 804.18(i) and (k) .(k) If the department determines that the new administrator does not meet the qualifications, it shall so notify the licensee in writing so that a waiver can be sought or the licensee can search for a qualified candidate.(l) The ALR-RC shall inform the department in writing via e-mail, fax, or mail of any change in the e-mail address as soon as practicable and in no case later than 10 days of the change as this is the primary method used for all emergency notifications to the facility.(m) A restructuring of an established ALR-RC that does not result in a transfer of the controlling interest of the facility, but which might result in a change in the name of the facility or corporation, shall not constitute a change in ownership and a new license shall not be required.(n) Licenses issued for a change in ownership shall expire on the date the license issued to the previous owner would have expired.(o) If a licensee chooses to cease operation of an ALR-RC, the licensee shall submit written notification to the department at least 60 days in advance which shall include a written closure plan that ensures adequate care of residents until they are transferred or discharged to an appropriate alternate setting.N.H. Code Admin. R. He-P 804.08
#2261, eff 1-17-83; ss by #3193, eff 1-28-86; rpld by #4516, eff 10-28-88; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92
New. #5511, eff 11-25-92; amd by #5665, eff 7-14-93; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
New. #9121, eff 4-3-08
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12047, Effective 11/19/2016, Expires 5/18/2017.Amended by Volume XXXVII Number 45, Filed November 09, 2017, Proposed by #12414, Effective 11/3/2017, Expires 11/3/2027.