Current through Register No. 45, November 7, 2024
Section He-P 819.08 - CMA Requirements for Organizational Changes(a) The CMA shall provide the department with written notice at least 30 days prior to changes in any of the following:(2) Primary physical location of the licensed premises;(b) If there is a name change, the CMA shall submit to the department, a copy of the certificate or amendment from the New Hampshire secretary of state, if applicable.(c) The CMA 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; or(2) A change in the physical location.(d) When there is a change in address without a change in location, the CMA shall provide the department with a copy of the notification from the local, state, or federal agency that requires the address change.(e) When there is a change in address due to a physical location change, the CMA shall provide the department with:(1) A letter which contains the license number, new address, and date of the move; and(2) Local approval form as specified in He-P 819.04(a)(6).(f) An inspection by the department shall be conducted prior to operation when there is a change in the following: (1) The ownership, unless the current licensee is in full compliance, then an inspection shall be conducted as soon as practical by the department; or(2) A change in services.(g) A new license shall be issued for a change in ownership or a change in physical location.(h) A revised license and license certificate shall be issued for a change in name.(i) A revised license certificate shall be issued for any of the following:(1) A change of administrator;(2) When a waiver has been granted;(3) A change in the scope of services; or(4) When a branch office has been added.(j) The CMA shall inform the department in writing no later than 5 days prior to a change of administrator, or as soon as practicable in the event of a death or other extenuating circumstances requiring a change of administrator, and provide the department with the following:(1) A resume identifying the name and qualifications of the new administrator;(2) Copies of applicable licenses for the new administrator;(3) The results of a criminal records check for the new administrator. Results shall include criminal history from the state of New Hampshire;(4) The results of a bureau and elderly adult services registry check; and(5) A signed attestation per He-P 819.17(j)(8)a -d.(k) Upon review of the materials submitted in accordance with (j) above, the department shall make a determination as to whether the new administrator meets the qualifications for the position, as outlined in He-P 819.15(a).(l) If the department determines that the new administrator does not meet the qualifications of the position, as specified in He-P 819.15(a) it shall so notify the licensee in writing so that a waiver can be sought or the licensee can search for a qualified candidate.(m) A restructuring of an established CMA that does not result in a transfer of the controlling interest of the CMA, but which might result in a change in the name of the CMA, shall not constitute a change in ownership and a new license shall not be required.(n) The CMA shall inform the department in writing via e-mail, fax, or mail of any change in the e-mail address as soon as practicable but in no case later than 10 days after the change. The CMA's email address shall be the primary method of correspondence used for all emergency notifications to the CMA.(o) If a licensee chooses to cease the operation of a CMA, the licensee shall submit written notification to the department at least 60 days in advance, which shall include a written closure plan.N.H. Admin. Code § He-P 819.08
Derived from Number 37, Filed September 14, 2023, Proposed by #13709, Effective 8/1/2023, Expires 8/1/2033.