Section He-P 816.08 - EHC Requirements for Organizational Changes(a) The EHC shall provide the department with written notice at least 30 days prior to changes in any of the following: (5) The number of beds authorized under the current license.(b) The EHC 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(3) An increase in the number of beds authorized under the current license.(c) When there is a change in address without a change in location, the EHC shall provide the department with a copy of the notification from the local, state or federal agency that requires the address change.(d) When there is a change in the name, the EHC 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 an inspection was conducted within 90 days of the date of the change in ownership and a plan of correction designed to address any areas of non-compliance was submitted and accepted by the department;(2) The physical location;(3) An increase in the number of participants; or(4) A change in licensing classification.(f) A new license shall be issued for a change in ownership or physical location.(g) A revised license and license certificate shall be issued for a change in name.(h) A license certificate shall be issued at the time of initial licensure.(i) A revised license certificate shall be issued for any of the following: (1) A change in administrator;(2) An increase or decrease in the number of students;(3) A change in the scope of services provided;(4) A change in address without a change in physical location; or(5) When a waiver has been granted.(j) The EHC shall notify the department in writing no later than 5 days prior to a change in administrator, or as soon as practicable in the event of a death or other extenuating circumstances, and provide the department with the following: (1) A resume identifying the name and qualifications of the new administrator; and(2) Copies of applicable licenses, certificates, or both, for the new administrator.(k) Upon review of the materials submitted in accordance with (l) above, the department shall make a determination as to whether the new administrator meets the qualifications for the position, as specified in He-P 816.15(a) (1) .(l) If the department determines that the new administrator does not meet the qualifications for their position as specified in (k) above, it shall so notify the EHC in writing so that a waiver can be sought or the EHC can search for a qualified candidate.(m) A restructuring of an established EHC 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) Licenses issued for a change of ownership shall expire on the date the license issued to the previous owner would have expired.(o) The EHC 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 as this is the primary method used for all emergency notifications to the facility.(p) If a licensee chooses to cease the operation of the EHC, the licensee shall submit written notification to the department at least 30 days in advance.N.H. Admin. Code § He-P 816.08
#5516, eff 11-25-92; ss by #5984, eff 2-4-95; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
New. #9193, eff 6-26-08
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #11199, Effective 10/14/2016, Expires 4/12/2017.Amended by Volume XXXVII Number 23, Filed June 8, 2017, Proposed by #12197, Effective 6/2/2017, Expires 6/2/2027.