Section He-M 1002.15 - Revocation of Certification(a) The department shall revoke certification of a community residence, 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 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 or exploitation in accordance with RSA 161-F:49; b. Such person(s) continues to have contact with the individual; orc. Such finding has not been overturned on appeal, been annulled, or received a waiver pursuant to He-M 1002.18; (2) Any provider or person living in the community residence has been found guilty of fraud, a felony, or a 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) The certificate holder, 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 the 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 certificate holder or any representative or employee of the certificate holder knowingly provides materially false or misleading information to the department during an inspection;(6) 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;(7) The certificate holder or any representative or employee of the certificate holder fails to provide requested files or documents to the department;(8) An inspection finds the certificate holder to be out of compliance with RSA 135-C or any of the applicable certification rules;(9) The certificate holder has demonstrated a history of multiple, or repeat violations of RSA 135-C or other applicable licensing rules that pose or have posed a health or safety risk to clients;(10) The certificate holder has submitted a revised plan of correction that has been rejected by the department in accordance with He-M 1002.13;(11) 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 1002.13; or(12) For community residences for 4 or more individuals, denial or revocation of licensure or denial of application for licensure has taken place.(b) The department shall issue written notice of revocation of certification stating the specific rule(s) with which the community 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 1002.17.(d) 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.(e) A community residence shall not accept additional individuals if a notice of intent to revoke the certification of the community residence has been issued.(f) If a certificate has been revoked, the certificate holder, in conjunction with the provider agency, shall transfer all individuals to another appropriately certified residence within 10 days of certificate revocation becoming final in accordance with (d) above.N.H. Admin. Code § He-M 1002.15
#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.