Section He-P 820.11 - Enforcement Actions and Hearings(a) Prior to imposing a fine, or denying or revoking a registration, the department shall send to the applicant or registrant a written notice that sets forth: (1) The reasons for the proposed action;(2) The action to be taken by the department;(3) If a fine is imposed, the automatic reduction of the fine by 25% if the fine is paid within 10 days of the date on the written notice from the department and the area of non-compliance has been corrected, or a POC has been accepted and approved by the department; and(4) The right of an applicant or registrant to a hearing shall be conducted in the same manner as a registrant in accordance with RSA 151:8 or RSA 541-A:30, III, as applicable.(b) The department shall deny an application or revoke a registration if: (1) An applicant or a registrant violated any of the provisions of RSA 151 or He-P 820 in a manner which poses a risk of harm to a client's health, safety, or well-being;(2) An applicant or a registrant has failed to pay a fine imposed under administrative remedies;(3) An applicant or a registrant has had a check returned to the department for insufficient funds and has not re-submitted the outstanding fee in the form of cash, money order, or certified check;(4) After being notified of and given an opportunity to supply missing information, an applicant or registrant fails to submit an application that meets the requirements of He-P 820.04;(5) An applicant, registrant, or any representative of the applicant or registrant: a. Provides false or misleading information to the department;b. Prevents, interferes, or fails to cooperate with any inspection or investigation conducted by the department; orc. Fails to provide requested files or documents to the department;(6) A registrant has had a registration revoked and submits an application during the 5-year prohibition period specified in (g) below;(7) The registrant failed to implement or continue to implement a POC that has been accepted or imposed by the department in accordance with He-P 820.10(d) and (e);(8) The registrant has submitted a POC that has not been accepted by the department in accordance with He-P 820.10(c)(5) and has not submitted a revised POC as required by He-P 820.10(c)(5);(9) A registrant, has had a registration revoked and submits an application during the 5-year prohibition period specified in (h) below;(10) Unless a waiver has been granted the department makes a determination that the registrant has been found guilty of or pled guilty to a felony assault, fraud, theft, abuse, neglect, or exploitation adjudicated and founded by the department or any administrative agency in this or any other state; or(11) The applicant has had a registration revoked by any division or unit of the department within 5 years prior to the application.(c) The department shall impose fines as follows:(1) For a failure to cease providing unregistered services after being notified by the department of the need for a registration, in violation of RSA 151:2, the fine shall be $200.00 for an applicant or unregistered provider;(2) For a failure to cease operations after a denial of a registration or after receipt of an order to cease and desist immediately, in violation of RSA 151:2 and RSA 541-A:30, the fine for an applicant or unregistered provider or a registrant shall be $200.00;(3) For advertising services or otherwise representing themselves as having a registration to provide services that they are not registered to provide, in violation of RSA 151:2, III, the fine for an applicant or unregistered provider shall be $50.00;(4) For a failure to comply with the directives of a warning issued by the department, in violation of RSA 151:7-a and He-P 820.09(f), the fine for an unregistered provider or a registrant shall be $50.00;(5) For a failure to submit a renewal application for a registration prior to the expiration date, in violation of He-P 820.06(b), the fine for a registrant shall be $10.00;(6) For a failure to allow access by the department to the IHCSP programs, services, patients or records, in violation of He-P 820.09(a)(1)-(3), the fine for an applicant, unregistered individual, or registrant shall be $2000.00;(7) For a failure to submit a POC or revised POC, within 21 or 14 days, respectively, of the date on the letter that transmits the inspection report, in violation of He-P 820.10(c)(2) and (6), the fine for a registrant shall be $100.00;(8) For a failure to implement or maintain the corrective action set forth in any POC that has been accepted or issued by the department, in violation of He-P 820.10(c)(11), the fine for a registrant shall be $1000.00;(9) For falsification of information contained on an application, the fine for an applicant or registrant shall be $50.00 per offense;(10) When an inspection determines that a violation of RSA 151 or He-P 820 has the potential to jeopardize the health, safety, or well-being of a patient, in addition to any other enforcement actions taken by the department, the fines assessed shall be as follows: a. If the same area of non-compliance is cited within 2 years of the original area of non-compliance, the fine for a registrant shall be double the original fine, but not to exceed $1000.00; andb. If the same area of non-compliance is cited a third time within 2 years of being fined in a. above the fine for a registrant shall be triple the original fine, but not to exceed $2000.00; and(11) Each day that the registrant continues to be in violation of the provisions of RSA 151 or HeP 820 shall constitute a separate violation and shall be fined in accordance with He-P 820.10.(d) Payment of any imposed fine to the department shall meet the following requirements: (1) Payment shall be made in the form of check or money order made payable to the "Treasurer, State of New Hampshire" or cash in the exact amount due; and(2) Cash, money order, or certified check shall be required when an applicant or registrant has issued payment to the department by check, and such check was returned for insufficient funds.(e) An applicant or registrant shall have 30 days after issuance of the notice of enforcement action to request a hearing to contest the action.(f) If a written request for a hearing is not made pursuant to (e) above, the action of the department shall become final.(g) The department shall order the immediate revocation of a registration, the cessation of services, and the transfer of care of clients when it finds that the health, safety, or well-being of clients is in jeopardy and requires emergency action in accordance with RSA 541-A:30, III.(h) Hearings under this section shall be conducted in accordance with RSA 541-A and He-C 200.(i) When an individual's registration has been denied or revoked, the applicant or registrant shall not be eligible to reapply for a registration for 5 years from: (1) The date of the department's decision to revoke or deny the registration became effective, if no request for an administrative hearing is requested; or(2) The date an order is issued upholding the action of the department, if a request for an administrative hearing was made and a hearing was held.(j) The 5-year period referenced in (i) above shall begin on:(1) The date the department's decision to revoke or deny the registration, if not filed; or(2) The date a final decision upholding the action of the department is issued, if a request for an administrative hearing was made and a hearing was held.(k) Notwithstanding (j) above, the department shall consider an application submitted after the decision to revoke or deny becomes final, if the applicant demonstrates that circumstances have changed to the extent that the department now has good cause to believe that the applicant should be awarded a waiver under He-P 820.08.(l) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 151, RSA 541-A, or He-P 820.N.H. Admin. Code § He-P 820.11
#10013, eff 10-22-11; ss by #10206, eff 10-20-12
Amended by Number 6, Filed February 9, 2023, Proposed by #13531, Effective 1/25/2023, Expires 1/25/2033.