(a) To be eligible for reimbursement by the
bureau or by Medicaid for community participation services provided to
individuals, community participation services shall be certified by the
department.
(b) If a provider
agency wishes to furnish community participation services to 3 or more persons
who have not been found eligible for area agency services, the provider agency
shall be licensed as an adult day program in accordance with RSA 151 and He-P
818.
(c) An entity seeking
certification or recertification to provide community participation services
shall submit an application to:
Bureau of Health Facilities Administration (BHFA)
Hugh J. Gallen State Office Park
129 Pleasant Street, Brown Building
Concord, NH 03301
(d) Application materials shall include the
following:
(1) A completed "Request for
Certification of Community Residence and/or Individual Community Participation
Services Provider" application (September 2013 edition);
(2) A written description of the proposed
staffing pattern necessary to provide services pursuant to
He-M
507.04;
(3) The names, titles, qualifications and
relevant experience of all staff members, in accordance with
He-M
506.03 and
He-M
507.10;
(4) Written administrative policies and
procedures, which shall comply with
He-M
507.08(b) ; and
(5) If the community participation services
are provided in a centralized service site, a copy of a life safety report
which shall:
a. Have been completed no more
than 90 days prior to submission; and
b. Include:
1. The name and address of the provider
agency;
2. The date of inspection
and certification by the local fire inspector that the centralized service
site, if applicable, complies with local fire safety codes;
3. The maximum number of individuals
authorized to receive services; and
4. The signature, title, and professional
affiliation of the local fire inspector.
(e) For a provider agency
requesting initial certification, certification shall be granted for 90 days
from the date the department receives all required information if the provider
agency meets the requirements of, or demonstrates the capacity to meet the
requirements of,
He-M 507.04,
He-M
507.08(b) , and
He-M
507.10.
(f) An initial certification review shall be
conducted at the provider agency location by BHFA within 90 days of the
effective date of the initial certificate for the purposes of determining
whether or not the community participation services are in compliance with
these rules.
(g) Initial
certification shall be granted from the effective date of the initial
certificate until the last day of the twelfth month following certification
when the provider agency verifies that:
(1)
Any necessary corrective action has been taken; and
(2) The services conform with all applicable
rules adopted by the commissioner.
(h) For community participation services that
are applying for recertification, BHFA shall conduct a certification review
prior to the expiration date of the certificate. The current certification
shall be effective until recertification has been granted or denied or unless
the current certification is revoked.
(i) A community participation service program
applying for recertification shall submit a completed application 60 days prior
to the expiration of the certificate.
(j) The renewal period for certificates shall
be one year from the expiration date of the previous certificate for:
(1) Community participation service programs
certified for 51 or more individuals; and
(2) Community participation service programs
certified for 50 or fewer individuals with 3 or more deficiencies.
(k) The renewal period for
certificates shall be 2 years from the expiration date of the previous
certificate for community participation service programs certified for 50 or
fewer individuals with 2 or fewer deficiencies.
(l) When a renewal certificate is issued for
a period of 2 years, the provider agency holding the certificate shall conduct
a quality assurance review one year following the issuance to ensure that the
community participation service program remains in compliance with all
applicable rules.
(m) When BHFA
staff conduct the 2-year certification review:
(1) If the community participation service
program has documentation of a review pursuant to (l) above, BHFA staff shall:
a. Review such documentation;
b. Cite any deficiency noted during the
agency-conducted quality assurance review that has not been addressed;
and
c. Review the community
participation service program's compliance for the previous year; or
(2) If the community participation
service program lacks documentation of a review pursuant to (l) above, BHFA
staff shall:
a. Cite this as a deficiency;
and
b. Hold the entire 2-year
period subject to review.
(n) Notwithstanding (m) (1) above, any
documentation maintained by a community participation service program during
its most recent 2-year certification period shall be open to review by BHFA
staff for compliance with applicable department rules.
(o) If deficiencies were cited in the
inspection report, within 21 days of the date of issuance of the report the
community participation service program shall submit a written plan of
correction or submit information demonstrating that the deficiency(ies) did not
exist. The department shall evaluate any submitted information on its merits
and render a written decision on whether a written plan of correction is
necessary.
(p) The department
shall, within 45 days:
(1) Accept a plan of
correction or other information submitted pursuant to (o) above if:
a. The plan:
1. Addresses each identified deficiency in a
manner which achieves full compliance with rules cited in the inspection
report;
2. Does not create another
violation of statute or rule as the result of its implementation;
3. States a completion date; and
4. Identifies a plan for how each deficiency
will be prevented in the future; or
b. The information submitted proves that the
deficiency was cited erroneously; or
(2) Reject a plan of correction or other
information submitted pursuant to (o) above that fails to meet the criteria in
(1) above.
(q) If the
proposed plan of correction is rejected, the department shall notify the
provider agency in writing of the reason(s) for rejection.
(r) Within 10 business days of the date of
the written notice under (q) above, the provider agency shall submit a revised
plan of correction that includes proposed alternatives that address the
reason(s) for rejection.
(s) The
department shall either accept or reject the revised plan in accordance with
(p) above. If the revised plan of correction is rejected, the department shall
deny the certification request. The provider agency may appeal the denial
pursuant to
He-M 507.15.
(t) The department shall renew a certificate
if it determines that:
(1) No deficiencies
exist; or
(2) The plan of
correction complies with (p) (1) a. above.