Section He-M 525.09 - Denial and Revocation of Certification(a) In the event of the denial or revocation of certification of PDMS, the individual's service coordinator shall assist him or her to continue receiving alternative services that meet his or her needs.(b) The bureau shall deny an application for certification or revoke certification of PDMS, following written notice pursuant to (d) below and opportunity for a hearing pursuant to He-C 200, due to: (1) Failure of a staff, provider, subcontract agency, or area agency to comply with this part or any other applicable rule adopted by the department;(2) Hiring of persons below the age of 18 as staff or non-family providers;(3) Knowing submission of materially false or misleading information to the department or failure to provide information requested by the department and required pursuant to He-M 500;(4) The staff, provider, subcontract agency, or area agency preventing or interfering with any review or investigation by the department;(5) The staff, provider, subcontract agency, or area agency failing to provide required documents to the department;(6) Any abuse, neglect, or exploitation by a provider, staff, or person living in a non-family provider's home, as reported on the state registry in accordance with RSA 161-F: 49, I (a), if such finding has not been overturned on appeal, been annulled, or received a waiver pursuant to He-M 525.13;(7) Failure by the employer to perform criminal background checks on all persons paid to provide services under He-M 525 who begin to provide such services on or after the effective date of He-M 525;(8) Except as allowed in He-M 525.06(k) (4) , any staff, provider, or person living in a non-family provider's home has been found guilty of fraud, a felony, or a misdemeanor against a person in this or any other state by a court of law, unless a waiver has been obtained pursuant to He-M 525.13; or(9) Evidence that any provider or staff, working directly with individuals, 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 provider to comply with department rules, except in cases where such personnel have been reassigned and the well-being of all individuals and the provider's ability to comply with these rules are no longer at risk.(c) If the department determines that services meet any of the criteria for denial or revocation listed in (b) above, the department shall deny or revoke the certification of the PDMS.(d) Certification shall be denied or revoked upon the written notice by the department to the provider, subcontract agency, or area agency stating the specific rule(s) with which the service does not comply.(e) Any certificate holder aggrieved by the denial or revocation of the certificate may request an adjudicative proceeding in accordance with He-M 525.11. The denial or 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.(f) Pending compliance with all requirements for certification specified in the written notice made pursuant to (d) above, a provider, subcontract agency, or area agency shall not provide additional PDMS if a notice of revocation has been issued concerning a violation that presents potential danger to the health or safety of the individuals being served.N.H. Admin. Code § He-M 525.09
#9391, eff 2-21-09; ss by #9890-A, eff 3-22-11
Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12859, Effective 8/28/2019, Expires 8/28/2029.