N.H. Admin. Code § He-M 1001.16

Current through Register No. 50, December 12, 2024

Section He-M 1001.16 - 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 reported abuse, neglect, or exploitation of an individual by a certificate holder, 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 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 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) The certificate holder or a 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) The certificate holder or any representative or employee of the certificate holder knowingly provides materially false or misleading information to the department;

(7) The certificate holder or any representative or employee of the certificate holder fails to permit or interferes with any inspection or investigation conducted by the department;

(8) The certificate holder or any representative or employee of the certificate holder fails to provide required documents to the department;

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

(10) The certificate holder 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) The certificate holder has submitted a revised plan of correction that has been rejected by the department in accordance with He-M 1001.14(g) ;

(12) The certificate holder 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 revoked 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 certificate holder aggrieved by the revocation of the community residence's certificate may request an adjudicative proceeding in accordance with He-M 1001.19. The revocation shall not become final until the period for requesting an adjudicative proceeding has expired or, if the certificate holder 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 revocation of certification has been issued.

(e) If certification has been revoked, the certificate holder, in conjunction with the provider agency, shall transfer all individuals to another appropriately certified residence.

N.H. Admin. Code § He-M 1001.16

#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.