Section He-P 806.04 - Initial License Application Requirements(a) Each applicant for a license shall comply with the requirements of RSA 151:4II-a, I-I, and submit the following to the department: (1) A completed application form entitled "Application for Residential, Health Care License or Special Health Care Services," (March 2019) signed by the applicant or 2 of the corporate officers affirming the following: a. "I affirm that I am familiar with the requirements of RSA 151 and the rules adopted thereunder and that the premises are in full compliance. I understand that providing false information shall be grounds for denial, suspension, or revocation of the license, and the imposition of a fine.";b. For any NEWCC to be newly licensed: "I certify that I have notified the public of the intent to file this application with a description of the facility to be licensed by publishing a notice in a newspaper of general circulation covering the area where the facility is to be located in at least 2 separate issues of the newspaper no less than 10 business days prior to the filing of this application.";
c. For any NEWCC to be newly licensed and to be located within a radius of 15 miles of a hospital certified as a critical access hospital, pursuant to 42 C.F.R. 485.610(b) and (c) : "I certify that the facility is to be located within a radius of 15 miles of a hospital certified as a critical access hospital, pursuant to 42 C.F.R. 485.610(b) and (c) , and that I have given written notice of the intent to file this application with a description of the facility to be licensed to the chief executive officer of the hospital by registered mail no less than 10 business days prior to the filing of this application."; and
d. For facilities to be licensed under the listed categories: "I understand that, in accordance with RSA 151:4, III(a) (7) , this facility cannot be licensed pursuant to He-P 802, 806, 810, 811, 812, 816, 823, or 824 if it is within a radius of 15 miles of a hospital certified as a critical access hospital, pursuant to 42 C.F.R. 485.610(b) and (c) , until the Commissioner makes a determination that the proposed new facility will not have a material adverse impact on the essential health care services provided in the service area of the critical access hospital. I also understand that if the Commissioner is not able to make such a determination, the license will not be issued.";
(2) A floor plan of the prospective NEWCC;(3) If applicable, proof of authorization from the New Hampshire secretary of state to do business in New Hampshire in the form of one of the following: a. "Certificate of Authority," if a corporation;b. "Certificate of Formation," if a limited liability company; orc. "Certificate of Trade Name," where applicable;(4) The applicable fee, in accordance with RSA 151:5 II, XI payable in cash or, if paid by check or money order, the exact amount of the fee made payable to the "Treasurer, State of New Hampshire";(5) A resume identifying the qualifications of and copies of applicable licenses for the NEWCC administrator and medical director;(6) Copies of applicable licenses and/or certificates for the NEWCC administrator and Medical Director;(7) Written local approvals as follows: a. The following written local approvals shall be obtained no more than 90 days prior to submission of the application, from the following local officials or if there is no such official(s), from the board of selectmen or mayor:1. The health officer verifying that the applicant complies with all applicable local health requirements;2. The building official verifying that the applicant complies with all applicable state and local building codes and ordinances;3. The zoning officer verifying that the applicant complies with all applicable local zoning ordinances; and4. The fire chief verifying that the applicant complies with the state fire code, Saf-C 6000 under RSA 153, and as amended pursuant to RSA 153:5, I, by the state fire marshal with the board of fire control, including the applicable chapter of NFPA 101 and local fire ordinances and including but not limited to business or ambulatory health care; andb. For a building under construction, the written approvals required by a. above shall be submitted at the end of construction based on the local official's review of the building plans and their final on-site inspection of the construction project;(8) If the NEWCC uses a private water supply, documentation that the water supply has been tested in accordance with RSA 485 and Env-Dw 702.02 and Env-Dw 704.02 or, if a public water supply is used, a copy of a water bill; and(9) The results of a criminal records check from the NH department of safety for the applicant(s), licensee if different than the applicant, the administrator and medical director for which the application is submitted.(b) The applicant shall mail or hand-deliver the documents to: Department of Health and Human Services
Office of Legal and Regulatory Services
Health Facilities Administration
129 Pleasant Street
Concord, NH 03301
N.H. Admin. Code § He-P 806.04
#2349, eff 4-28-83; ss by #3193, eff 1-28-86; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92
New. #5512, eff 11-25-92; amd by #6427, eff 1-13-97; amd by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99, paragraphs (b) and (m) EXPIRED: 1-13-03
New. #9655, eff 2-13-10
Amended by Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by 12674, Effective 11/20/2018, Expires 5/20/2019.Amended by Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12795, Effective 5/30/2019, Expires 5/30/2029.