Section He-M 426.21 - Revocation of Approval as a Community Mental Health Provider(a) Approval as a community mental health provider shall be revoked, following written notice pursuant to (b) (2) below and opportunity for a hearing pursuant to He-C 200, due to: (1) Failure of the provider to comply with this rule or any other applicable rule promulgated by the department;(2) The provider failing to provide information requested by the department and required pursuant to chapter He-M 400 or knowingly giving false or misleading information to the department;(3) Refusal by the provider to admit any employee of the department authorized to monitor or inspect the provider's services and programs;(4) Any reported abuse, neglect, or exploitation of individuals by a provider's staff if: a. Such personnel have not been prevented from having contact with individuals as of the reporting date of the alleged violation; andb. Such abuse, neglect, or exploitation is founded based on a protective investigation performed by the department in accordance with He-E 700 and an administrative hearing held pursuant to He-E 200, if such a hearing is requested;(5) Revocation of licensure or denial of application for licensure pursuant to RSA 151; or(6) Revocation of certification pursuant to He-M 1002.(b) Revocation of approval shall be in accordance with the following: (1) Upon determination that a provider meets any of the criteria for revocation listed in (a) above, the commissioner shall revoke the approval of the provider;(2) Revocation shall only occur following: a. The provision of 30 days' written notice by the commissioner to the provider stating the reason(s) for the revocation and, if applicable, the specific rule(s) with which the provider is alleged to not comply; andb. Opportunity for a hearing on the decision pursuant to He-C 200, if requested by the provider;(3) The commissioner shall withdraw a notice of revocation if, within the notice period, the provider takes corrective action resulting in the elimination of the reason(s) for revocation; and(4) Pending corrective action by the provider eliminating the reason(s) for revocation, a provider shall not accept additional individuals if a notice of revocation has been issued concerning a violation which presents potential danger to the health or safety of the individuals being served.N.H. Admin. Code § He-M 426.21
(See Revision Note at part heading for He-M 426) #5433, eff 7-2-92, EXPIRED: 7-2-98
New. #7088, eff 8-31-99; ss and moved by #8867, eff 4-13-07 (from He-M 426.20 ); ss by #9285, eff 9-30-08 (from He-M 426.20 )
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11182, Effective 9/29/2016, Expires 3/28/2017.Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12154, Effective 3/28/2017, Expires 3/28/2027.