N.H. Admin. Code § He-P 824.08

Current through Register No. 50, December 12, 2024
Section He-P 824.08 - HH Requirements for Organizational or Service Changes
(a) The HH shall provide the department with written notice at least 30 days prior to changes in any of the following:
(1) Ownership;
(2) Physical location;
(3) Address;
(4) Name;
(5) Number of beds authorized under the current license; or
(6) Services.
(b) The HH 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;
(3) An increase in the number of beds authorized under the current license; or
(4) A change in services.
(c) When there is a change in the address without a change in location, the HH 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 HH 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 the number of beds or patients authorized under the current license;
(4) A change in licensing classification; or
(5) A change that places the facility under a different life safe code occupancy chapter.
(f) A new license and license certificate shall be issued for a change in ownership, classification, or physical location.
(g) A revised license and license certificate shall be issued for changes in the HH's name or a change in addresses without a change in physical location.
(h) A revised license certificate shall be issued for any of the following:
(1) A change of administrator;
(2) An increase or decrease in the number of beds;
(3) A change in the scope of services provided; or
(4) When a waiver has been granted in accordance with He-P 824.10.
(i) The HH shall inform the department in writing when there is a change in administrator or medical director 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 or medical director change, and provide the department with the following:
(1) A resume identifying the name and qualifications of the new administrator or medical director;
(2) Copies of applicable licenses for the new administrator or medical director;
(3) The results of a criminal background check for the new administrator or medical director;
(4) A copy of the criminal attestation as described in He-P 824.19(k) for the new administrator or medical director; and
(5) The results of a BEAS registry check from the bureau of elderly and adult services for the new administrator or medical director.
(j) Upon review of the materials submitted in accordance with (i) above, the department shall make a determination as to whether the new administrator or medical director meets the qualifications for the position as specified in He-P 824.03(al) and He-P 824.15(h).
(k) If the department determines that the new administrator or medical director does not meet the qualifications, it shall so notify the program in writing so that a waiver can be sought or the program can search for a qualified candidate.
(l) When there is to be a change in the services provided, prior to providing the additional services the HH 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, will be made to the physical environment.
(m) The department shall review the information submitted under (h) above and determine if the added services can be provided under the HH's current license.
(n) The HH shall inform the department in writing via email, fax, or mail of any change in the e-mail address no 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.
(o) A restructuring of an established HH 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.
(p) If a licensee chooses to cease operation of an HH, 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 824.08

#5648, eff 6-25-93; ss by #7020, INTERIM, eff 6-23-99, EXPIRED: 10-21-99

New. #9317, eff 11-8-08

Amended by Volume XXXVII Number 19, Filed May 11, 2017, Proposed by #12169, Effective 4/29/2017, Expires 10/26/2017.
Amended by Number 15, Filed April 13, 2023, Proposed by #13572, Effective 3/1/2023, Expires 3/1/2033.