Section He-P 813.11 - Denial of Certification(a) The department shall deny an application for certification if: (1) The applicant, certificate holder, or any person living in the AFCR has: a. Been found guilty of abuse, neglect, or exploitation of any person, or assault, fraud or a felony against a person in this or any other state by a court of law; orb. Had a complaint investigation for abuse, neglect, or exploitation substantiated by the department or an administrative agency of any other state and has not received a waiver in accordance with He-P 813;(2) Any family provider or person living in the AFCR has a felony conviction;(3) Any individual living in the AFCR has a misdemeanor conviction that involves: a. Physical or sexual assault;b. Violence or exploitation;d. Threatening or reckless conduct;f. Any other conduct that represents evidence of behavior that could endanger the well being of an individual;(4) An applicant or family member has an illness or behavior that, as evidenced by the documentation obtained and the observations made by the department, would endanger the well-being of the individuals or impair the ability of the AFCR to comply with department rules;(5) The applicant or any representative of the applicant: a. Knowingly provides false or misleading information to the department;b. Prevents or interferes with any inspection or investigation by the department; andc. Fails to provide required documents to the department;(6) An inspection of an applicant for a new certificate finds the applicant to be out of compliance with RSA 151 or HeP 813 or other applicable certification rules;(7) At an inspection the applicant or certificate holder is not in compliance with RSA 151 or He-P 813 or other applicable certification rules;(8) The applicant has demonstrated a history or pattern of multiple, or repeat violations of RSA 151 or its implementing administrative rules that pose or have posed a health or safety risk to individuals receiving care in the AFCR;(9) The applicant has submitted a plan of correction that has been rejected by the department in accordance with He-P 813; or(10) The applicant failed to fully implement and continue to comply with a plan of correction that has been accepted by the department in accordance with He-P 813.(b) If the department determines that the AFCR meets any of the criteria for denial listed in He-P 813 the department shall deny the certification of the residence.(c) Certification shall be denied upon the written notice by the department to the AFCR stating the specific rule(s) with which the residence does not comply.(d) Any applicant aggrieved by the denial of an application may request an adjudicative proceeding in accordance with HeP 813.(e) An AFCR shall not admit additional residents if a notice of denial of certificate has been issued.N.H. Admin. Code § He-P 813.11
#8595, eff 4-1-06; ss by #9899-A, eff 3-29-11
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12740, Effective 3/20/2019, Expires 9/16/2019.