Section He-P 805.11 - Complaints(a) The department shall respond to any complaint that meets the following conditions: (1) The alleged violation(s) occurred not more than 6 months prior to the date the department was made aware of the allegation(s);(2) 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); or(3) 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 805.(b) When practicable the complaint shall be in writing and contain the following information: (1) The name and address of the SRHCF, 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 805.(c) Investigations shall include all techniques and methods for gathering information which are appropriate to the circumstances of the complaint, including, but not limited to: (1) Requests for additional information from the complainant;(2) A physical inspection of the premises;(3) Review of any records that might be relevant and have probative value; and(4) Interviews with individuals who might have information that is relevant to the investigation and might have probative value.(d) For a licensed SRHCF, the department shall: (1) Provide written notification of the results of the investigation to the licensee along with an inspection report if deficiencies were found as a result of the investigation; and(2) Notify any other federal, state or local agencies of suspected violations of their statutes or rules based on the results of the investigation, as appropriate.(e) If the department determines that the complaint is unfounded or does not violate any statutes or rules, the department shall notify the licensee in writing and take no further action.(f) If the investigation results in deficiencies being cited, the licensee shall be required to submit a POC in accordance with He-P 805.12(c) .(g) For the unlicensed individual or entity, the department shall provide written notification to the owner or person responsible that includes: (1) The date of the investigation;(2) The reasons for the investigation; and(3) Whether or not the investigation resulted in a determination that the services being provided require licensing under RSA 151:2, IV.(h) In accordance with RSA 151:7-a, II, the owner or person responsible shall be allowed 7 days from the date of receipt of the notice required by (g) above to respond to a finding that they are operating without a license or submit a completed application for a license.(i) If the owner of an unlicensed facility does not comply with (h) 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 805; and(2) Provide notice stating that the individual has the right to appeal the warning in accordance with RSA 151:7-a, III.(j) Any person or entity who fails to comply after receiving a warning as described in (i) above shall be subject to an action by the department for injunctive relief under RSA 151:17.(k) 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 an adjudicative proceeding relative to the licensee.N.H. Admin. Code § He-P 805.11
#2261, eff 1-17-83; ss by #3193, eff 1-28-86; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92
New. #5513, eff 11-25-92; ss by #5665, eff 7-14-93; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
New. #8746, eff 10-25-06
Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10813, Effective 4/21/2015, Expires4/21/2025.