N.H. Admin. Code § He-P 822.08

Current through Register No. 36, September 5, 2024
Section He-P 822.08 - HCSPA Requirements for Organizational or Service Changes
(a) The HCSPA shall provide the department with written notice at least 30 days prior to changes in any of the following:
(1) Ownership;
(2) Physical location of the licensed premises;
(3) Address; or
(4) Name.
(b) The HCSPA shall complete and submit a new application and obtain a new license and license certificate prior to:
(1) A change in ownership; or
(2) A change in licensing classification.
(c) When there is a change in address without a change in location, the HCSPA 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 address due to a physical location change, the HCSPA shall provide the department with:
(1) A letter which contains the license number, new address, and date of the move; and
(2) Local approval form as specified in He-P 822.04(a) (5) .
(e) When there is a change in the name, the HCSPA shall submit to the department a copy of the certificate of amendment from the New Hampshire secretary of state, if applicable.
(f) An inspection by the department shall be conducted prior to operation for changes in the following:
(1) Ownership, unless the current licensee is in full compliance then an inspection will be conducted as soon as practical by department; or
(2) A change in licensing classification.
(g) A new license and license certificate shall be issued for a change in ownership.
(h) A revised license and license certificate shall be issued for a change in address.
(i) A revised license and license certificate shall be issued for a change in name.
(j) A revised license certificate shall be issued for any of the following:
(1) A change in administrator;
(2) When a waiver has been granted;
(3) When there is a change in services; or
(4) When a branch office has been added.
(k) The HCSPA shall inform the department in writing no later than 5 business 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;
(3) The results of a criminal records check from the NH department of safety for the new administrator; and
(4) Results of a bureau and elderly adult (BEAS) registry check.
(l) Upon review of the materials submitted in accordance with (k) above, the department shall make a determination as to whether the new administrator meets the qualifications for the position as specified in He-P 822.15(d) .
(m) If the department determines that the new administrator does not meet the qualifications, for his or her position, it shall notify the licensee in writing so that a waiver can be sought or the licensee can search for a qualified candidate.
(n) A restructuring of an established HCSPA that does not result in a transfer of the controlling interest of the HCSPA, but which might result in a change in the name of the HCSPA or corporation, shall not constitute a change in ownership and a new license shall not be required.
(o) The HCSPA 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 HCSPA.
(p) If a licensee chooses to cease operation of a HCSPA, the licensee shall submit written notification to the department at least 45 days in advance, which shall include a written closure plan that ensures adequate care of clients until they are transferred or discharged to an appropriate alternate setting.

N.H. Admin. Code § He-P 822.08

#9522, eff 7-25-09

Amended by Volume XXXIX Number 02, Filed January 10, 2019, Proposed by #12702, Effective 1/3/2019, Expires 1/3/2029.