Section He-P 803.11 - Complaints(a) The department shall investigate any complaint that meets the following conditions: (1) The complaint is based upon the complainant's first-hand knowledge regarding the allegation(s) or on information reported directly to the complainant by a person who has first-hand knowledge regarding the allegation(s); and(2) There is sufficient specific information for the department to determine that the allegation(s), if proven to be true, would constitute a violation of any of the provisions of RSA 151 or He-P 803.(b) When practicable the complaint shall be in writing and contain the following information: (1) The name and address of the nursing home, or the alleged unlicensed individual or entity;(2) The name, address and telephone number of the complainant; and(3) A description of the situation that supports the complaint and the alleged violation(s) of RSA 151 or He-P 803.(c) Investigations shall include all techniques and methods for gathering information, which are appropriate to the circumstances of the complaint, including: (1) Requests for additional information from the complainant or the licensee;(2) A physical inspection of the premises;(3) Review of any records that might be relevant; and(4) Interviews with individuals who might have information that is relevant to the investigation.(d) For the nursing home, the department shall: (1) Provide written notification of the results of the investigation to the licensee along with an inspection report if areas of non-compliance were found as a result of the investigation;(2) Notify any other federal, state, or local agencies of alleged violations of their statutes or rules based on the results of the investigation, as appropriate;(3) Notify the licensee in writing and take no further action if the department determines that the complaint is unfounded, under He-P 803, or does not violate any statutes or rules; and(4) Require the licensee to submit a POC in accordance with He-P 803.12(c) .(e) For the unlicensed individual or entity the department shall provide written notification to the owner or person responsible that includes: (1) The date of inspection;(2) The reasons for the inspection; and(3) Whether or not the inspection resulted in a determination that the services being provided require licensing under RSA 151:2, I(e) (2) .(f) The owner or person responsible shall be allowed 7 days from the date of receipt of the notice required by (f) above to respond to a finding that they are operating without a license or submit a completed application for a license in accordance with RSA 151:7-a, II.(g) If the owner of an unlicensed nursing home does not comply with (g) above, or if the department does not agree with the owner's response, the department shall: (1) Issue a written warning to immediately comply with RSA 151 and He-P 803; and(2) Provide notice stating that the individual has the right to appeal the warning in accordance with RSA 151:7-a, III.(h) Any person or entity who fails to comply after receiving a warning, as described in (h) above, shall be subject to an action by the department for injunctive relief under RSA 151:17.(i) The fact that the department takes action for injunctive relief under RSA 151:17 shall not preclude the department from taking other action under RSA 151, He-P 803, or other applicable laws.(j) Complaint investigation files shall be confidential in accordance with RSA 151:13, and shall not be disclosed publicly but shall be released by the department on written request only: (1) To the department of justice when relevant to a specific investigation;(2) To law enforcement when relevant to a specific criminal investigation;(3) When a court of competent jurisdiction orders the department to release such information; or(4) In connection with any adjudicative proceedings relative to the licensee.N.H. Admin. Code § He-P 803.11
Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12721, Effective 1/29/2019, Expires 7/29/2019.Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12860, Effective 8/28/2019, Expires 8/28/2029.