Section He-P 807.08 - Requirements for Organizational Changes(a) The RTRF shall provide the department with written notice at least 30 days prior to changes in any of the following: (b) The RTRF shall complete and submit a new application and obtain a new or revised license, license certificate or both, as applicable, prior to operating, for:(1) A change in ownership;(2) A change in the physical location; or (c) When there is a change in address without a change in location the RTRF shall provide the department with a copy of the notification from the local, state, or federal agency that requires the change.(d) When there is a change in the name, the RTRF shall submit to the department a copy of the certificate of amendment from the New Hampshire secretary of state, if applicable.(e) An inspection by the department shall be conducted prior to operation for changes in the following: (1) Ownership, unless the current licensee is in full compliance, in which case an inspection shall be conducted as soon as practical by department;(2) The physical location;(3) A change in licensing classification; or(4) A change that places the facility under a different life safety code occupancy chapter.(f) A new license and license certificate shall be issued for a change in ownership, classification, or a change in physical location.(g) A revised license and license certificate shall be issued for changes in the RTRF's name. (h) A revised license certificate shall be issued for any of the following: (1) A change of administrator; (2) A change in address without a change in physical location; or(3) When a waiver has been granted in accordance with He-P 807.10.(i) The RTRF shall inform the department in writing when there is a change in administrator no later than 5 days prior to a change or as soon as practicable in the event of a death or other extenuating circumstances requiring an administrator change, and provide the department with the following: (1) A resume identifying the name and qualifications of the new administrator; (2) The results of a NH criminal background check conducted pursuant to He-P 807(e); (3) Copies of applicable licenses for the new administrator; and(4) A copy of the criminal attestation as described in He-P 807.18(s) .(j) Upon review of the materials submitted in accordance with (e) above, the department shall make a determination as to whether the new administrator meets the qualifications for the position as specified in He-P 807.16(a) and He-P 807.18(k) .(k) If the department determines that the new administrator does not meet the qualifications, it shall so notify the RTRF in writing so that a waiver can be sought or the program can search for a qualified candidate.(l) The RTRF shall inform the department in writing via e-mail, fax, or mail of any change in the e-mail address as soon as practicable and in no case later than 10 days of the change. The department shall use email as the primary method of contacting the facility in the event of an emergency.(m) A restructuring of an established RTRF that does not result in a transfer of the controlling interest of the facility, but which might result in a change in the name of the facility or corporation, shall not constitute a change in ownership and a new license shall not be required.(n) When there is to be a change in the services provided, the RTRF shall provide the department with a description of the service change and, where applicable, identify what additional personnel will be hired and their qualifications, how the new services will be incorporated into the infection control and quality improvement programs and describe what changes, if any, in the physical environment will be made.(o) The department shall review the information submitted under (n) above and determine if the added services can be provided under the RTRF's current license including physical plan restrictions.(p) If a licensee chooses to cease operation of an RTRF, the licensee shall submit written notification to the department at least 60 days in advance which shall include a written closure plan that ensures adequate care of clients until they are transferred or discharged to an appropriate alternate setting that is consistent with the clinical needs of the resident based on assessment including but not limited to another RTRF, a higher level of care facility, a lower level of care facility, or a home. N.H. Admin. Code § He-P 807.08
Amended by Volume XXXIX Number 10, Filed March 7, 2019, Proposed by #12727, Effective 2/20/2019, Expires 8/19/2019.Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12962, Effective 12/31/2019, Expires 12/31/2029.