Section He-P 802.08 - Requirements for Organizational Changes(a) The licensee shall provide the department with written notice at least 30 days prior to changes in any of the following: (8) Affiliated or related parties.(b) When there is a change in the name, the licensee shall submit to the department a copy of the certificate of amendment from the New Hampshire secretary of state, if applicable.(c) The licensee shall complete and submit a new application and obtain a new license and license certificate prior to operating, for: (1) A change in ownership;(2) A change in the physical location; or(3) An increase in the number of beds beyond what was authorized under the initial license. (d) When there is a change in address without a change in location, the licensee shall provide the department with a copy of the notification from the local, state, or federal agency that requires the change. (e) An inspection by the department shall be conducted prior to operation when there are changes in the following: (1) Ownership, unless the current licensee has no outstanding administrative actions in process and there will be no changes made by the new owner in the scope of services provided; (2) The physical location;(3) A change in the licensing classification; (4) A change that places the facility under a different life safety code occupancy chapter; or(5) An increase in the number of beds beyond what is authorized under the license. (f) A revised license certificate shall be issued for any of the following: (1) A change of administrator;(2) An increase in the number of beds beyond what is authorized under the license; (3) A change in the scope of services provided; (4) A change in the address without a change in physical location; or (5) When a waiver has been granted. (g) The licensee shall inform the department in writing no later than 30 days prior to a change in administrator or medical director, or as soon as practicable in the event of a death or other extenuating circumstances requiring an administrator or medical director change, and provide the department with the following: (1) A resume identifying the name and qualifications of the new administrator or medical director; (2) Copies of applicable licenses for the new administrator or medical director; (3) The results of a criminal records check from the department of safety for the new administrator or medical director; and(4) A statement, which shall be signed at the time the initial offer of employment, contract, or engagement and then annually thereafter, stating that he or she: a. Does not have a felony conviction in this or any other state; b. Has not been convicted of a sexual assault, other violent crime, assault, fraud, abuse, neglect or exploitation or pose a threat to the health, safety or well-being of a patient in this or any other state; and c. Has not had a finding by the department or any administrative agency in this or any other state for assault, fraud, abuse, neglect, or exploitation of any person in this or any other state. (h) Upon review of the materials submitted in accordance with He-P 802.08(g), the department shall make a determination as to whether the new administrator or medical director meets the qualifications for the position, as specified in He-P 802.16(b) and He-P 802.16(c) respectively. (i) If the department determines that the new administrator or medical director does not meet the qualifications for the position as specified in (h) above, it shall notify the licensee in writing so that a waiver can be sought or the licensee can search for a qualified candidate. (j) The licensee shall inform the department in writing via e-mail, fax, or mail of any change in the licensee's e-mail address as soon as practicable and in no case later than 10 days of the change. (k) A restructuring of an established hospital that does not result in a transfer of the controlling interest of the licensee, but which might result in a change in the name of the licensee or corporation, shall not constitute a change in ownership. (l) Licenses issued for a change of ownership shall expire on the date the license issued to the previous owner would have expired. (m) If a licensee chooses to cease the operation of the hospital or special health care service, the licensee shall submit written notification to the department at least 60 days in advance. (n) The licensee shall return the previous license to the division within 10 days of the licensee ceasing operations. (o) If the licensee is changing its ownership, physical location, address, or name, a new license shall not be issued if the licensee fails to return its previous license.N.H. Admin. Code § He-P 802.08
#2044, eff 6-3-82; ss by #3193, eff 1-28-86, EXPIRED: 1-28-92; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED 5-28-92
New. #5846, eff 6-22-94, EXPIRED: 6-22-00
New. #9580, eff 10-24-09
Amended by Volume XXXVII Number 45, Filed November 09, 2017, Proposed by #12407, Effective 10/24/2017, Expires 4/22/2018.Amended by Volume XLI Number 6, Filed February 11, 2021, Proposed by #13166, Effective 1/28/2021, Expires 1/28/2031.