Section He-M 1002.14 - Denial of Certification(a) The department shall deny an application for certification following written notice and opportunity for a hearing pursuant to He-C 200, due to any of the following: (1) Any reported abuse, neglect, or exploitation of an individual by an applicant, 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 continues to have contact with the individual; c. Such finding has not been overturned on appeal, been annulled, or received a waiver pursuant to He-M 1002.18; ord. There is a similar finding by an adult protection or child protection agency of any other state; (2) Any applicant, provider, or person living in a community residence has been found guilty of fraud, felony, or misdemeanor against a person in this or any other state, unless a waiver has been obtained pursuant to He-M 1002.18;(3) A provider agency, THSP, or CMHP fails to perform criminal background checks on all persons who: a. Are paid to provide services under He-M 1002; and b. Begin to provide such services on or after the effective date of He-M 1002;(4) An applicant, family member, or provider has an illness or behavior that, as evidenced by the documentation obtained and the observations made by the department, would endanger the well-being of an individual or impair the ability of the community residence to comply with department rules, except in cases where such personnel have been reassigned and the individual's well-being and the community residence's ability to comply with these rules are no longer at risk; (5) The applicant, provider, or any representative or employee of the applicant knowingly provides false or misleading information to the department;(6) The applicant or any representative or employee of the applicant prevents or interferes with any inspection or investigation by the department;(7) The applicant or any representative or employee of the applicant fails to provide required documents to the department;(8) At an inspection the applicant or certificate holder is not in compliance with RSA 135-C or He-M 1002 or other applicable certification rules;(9) The applicant has demonstrated a history of multiple or repeat violations of RSA 135-C or its implementing administrative rules that pose or have posed a health or safety risk to clients;(10) The applicant has submitted a revised plan of correction that has been rejected by the department in accordance with He-M 1002.13;(11) The applicant failed to fully implement and continue to comply with a plan of correction that has been accepted by the department in accordance with He-M 1002.13; or(12) For community residences with 4 or more individuals, denial or revocation of licensure or denial of application for licensure has taken place.(b) If the department determines that a community residence meets any of the criteria for denial listed in (a) above, the department shall deny the certification of the residence.(c) Certification shall be denied upon the written notice by the department to the community residence stating the specific rule(s) with which the residence does not comply.(d) Any applicant aggrieved by the denial of an application may request an adjudicative proceeding in accordance with He-M 1002.17.(e) The denial shall become final when the period for requesting an adjudicative proceeding has expired or, if the applicant or provider requests an adjudicative proceeding, when the administrative appeals unit issues a decision upholding the department's action.(f) A community residence shall not accept additional individuals if a notice of denial of certificate has been issued.N.H. Admin. Code § He-M 1002.14
#7762, eff 9-26-02; ss by #9795, INTERIM, eff 9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12742, Effective 3/20/2019, Expires 9/16/2019.Amended by Volume XXXIX Number 50, Filed December 12, 2019, Proposed by #12916, Effective 11/16/2019, Expires 11/16/2029.