Section He-E 802.17 - Appealing Transfers or Discharges(a) Any resident being transferred or discharged, including any resident who asserts that his or her bed-hold right or right to readmission under He-E 802.15 has been denied, may appeal the transfer or discharge in accordance with the provisions contained in these rules and in He-C 200.(b) The request for an appeal shall be submitted within 30 days after the resident receives written notice of a proposed transfer or discharge, in compliance with He-E 802.17, or within 30 days of the date the resident learns of the right to appeal if the NF fails to provide the required written notice.(c) If a resident requests a hearing within 20 days after receiving the notice from the NF, the resident's transfer or discharge shall be suspended until after the hearing decision is issued, and the resident shall not be transferred or discharged from the NF except as allowed under the provisions of He-E 802.16(d).(d) In the event of a transfer or discharge with less than 30 days-notice under the provisions of He-E 802.16(d), a resident may request an expedited hearing, subject to the following conditions: (1) The request for an expedited hearing shall be made within 10 calendar days of the notice of transfer or discharge;(2) An expedited hearing shall be held within 5 working days of the request for hearing; and(3) The hearing decision shall be issued: a. Within 3 working days of the hearing if the resident has been moved out of the NF and the resident requested an expedited hearing; orb. Within 15 working days of the hearing in all other cases.(e) A hearing may be requested by a resident, his or her legal representative, or anyone acting on behalf of a resident, including a NF, the department, a family member, or a friend.(f) Any employee or agent of the NF or the department who becomes aware that a resident has expressed a desire to have his or her transfer or discharge reviewed shall assist the resident in writing and submit his or her request for a hearing, or shall submit the request on behalf of the resident if the resident is not able to do so.(g) The request for a hearing shall be submitted in writing, with a copy of the NF's notice of transfer or discharge, to: NH Department of Health and Human Services
Administrative Appeals Unit
105 Pleasant Street
Concord, NH 03301
(h) The resident and the NF shall be considered parties to any appeal filed by a resident contesting a transfer or discharge pursuant to He-C 200.(i) When feasible, all hearings shall be conducted at the NF where the resident is located.(j) The resident and his or her legal representative shall:(1) Upon an oral or written request, be given access to all records pertaining to the resident, including current clinical records, within 24 hours, excluding weekends and holidays; and(2) After receipt of his or her records for inspection, be allowed to purchase at a cost not to exceed 25 cents per page, photocopies of the records or any portions of them upon request and after providing advance notice of 2 working days to the NF.(k) A NF seeking to transfer or discharge a resident shall have the burden of proving by clear and convincing evidence, as described in He-C 203.14, that the transfer complies with the requirements of He-E 802.16.(l) The following actions shall be taken following the administrative appeal unit's decision: (1) If the decision upholds the discharge or transfer, the resident shall be relocated;(2) If the decision does not uphold the discharge or transfer, the resident shall not be relocated;(3) If the decision to transfer or discharge a resident who has been transferred or discharged pursuant to the provisions of He-E 802.16 is not upheld, the resident shall be readmitted to the NF's first available bed; and(4) If the decision to transfer or discharge a resident is upheld, the NF shall adhere to the discharge plan.N.H. Admin. Code § He-E 802.17
#7751, eff 8-17-02, EXPIRED: 8-17-10
New. #9786, INTERIM, eff 9-20-10; ss and renumbered by #9888-A, eff 3-19-11 (formerly He-E 802.18 )
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12741, Effective 3/20/2019, Expires 9/16/2019.Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13130, Effective 10/30/2020, Expires 10/29/2030.