N.H. Admin. Code § He-C 4001.07 - Complaints and Investigations

(a) In accordance with RSA 170-E:40, I and II, the department shall conduct an investigation of any complaint that meets the following conditions:

(1) The alleged violations occurred not more than 6 months prior to the date the department was made aware of the allegation(s);

(2) The complaint is based upon the complainant's first-hand knowledge regarding the allegation(s) or on information reported directly to the complainant by a resident who has first-hand knowledge regarding the allegation(s);

(3) The complaint contains sufficient specific information for the department to determine that the allegation(s), if proven to be true, would constitute a violation of any of the provisions of He-C 4001 or RSA 170-E; or

(4) The complaint is received from any source and alleges a violation that occurred at any time if the complaint alleges:

a. Physical injury;

b. Verbal or emotional abuse so severe as to create a risk of psychological trauma; or

c. One or more residents were placed in danger of physical injury.

(b) After the investigation of a complaint has been completed, the department shall:

(1) When it determines that the complaint is unfounded or does not violate any statutes or rules, notify the program and take no further action;

(2) When it determines that the complaint is founded, prepare a statement of findings listing the violations found as a result of the investigation and any other violations found during the visit; and

(3) Notify the licensee in writing of the findings.

(c) The records compiled during an investigation shall be confidential as required by RSA 170-E:40, III.

Notes

N.H. Admin. Code § He-C 4001.07

#2664, eff 3-30-84, EXPIRED: 3-30-90

New. #8581, eff 4-20-06, EXPIRED: 4-20-06

New. #10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14

Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10705, Effective 10/23/2014, Expires10/23/2024. Amended by Volume XLI Number 06, Filed February 11, 2021, Proposed by #13151, Effective 12/30/2020, Expires 12/30/2020.