N.H. Code Admin. R. He-M 507.13 - Denial or Revocation of Certification

(a) The department shall deny an application for certification or issue a notice of intent to revoke certification, following written notice pursuant to (b) below and opportunity for a hearing pursuant to He-C 200, due to any of the following reasons:

(1) Any reported abuse, neglect, or exploitation of an individual by an applicant, provider, provider agency, or community participation services staff, if:

a. Such abuse, neglect, or exploitation is reported on the state registry of abuse, neglect, and exploitation in accordance with RSA 161-F:49;

b. Such person(s) continues to have contact with the individual; and

c. A waiver has not been received pursuant to He-E 720.05;

(2) Except as provided in He-M 507.10(g) -(h) , any applicant, provider, provider agency, or community participation services staff for whom He-M 507.10(f) (1) or (2) is true;

(3) A provider agency or area agency fails to conduct criminal records check on all persons who are paid to provide services under He-M 507;

(4) An applicant, provider, provider agency, or community participation services staff has an illness or behavior that, as evidenced by the documentation obtained or the observations made by the department, would endanger the well-being of the individuals or impair the ability of the provider agency to comply with department rules;

(5) An applicant or provider agency, or any representative or employee thereof, knowingly provides materially false or misleading information to the department;

(6) An applicant or provider agency, or any representative or employee thereof, fails to permit or interferes with any inspection or investigation by the department;

(7) An applicant or provider agency, or any representative or employee thereof, fails to provide required documents to the department;

(8) At an inspection the applicant or provider agency is not in compliance with RSA 171-A or He-M 507 or other applicable rules; or

(9) As a result of certification review, the applicant or provider agency or certificate holder is not in compliance with RSA 171-A or He-M 507 or other applicable rules and:

a. The applicant or provider agency failed to fully implement and continue to comply with a plan of correction that has been accepted by the department in accordance with He-M 507.06(p) ; or

b. The applicant or provider agency has submitted a revised plan of correction that has been rejected by the department in accordance with He-M 507.06(s) .

(b) Certification shall be denied or revoked upon the written notice by the department to the applicant or provider agency stating the specific rule(s) with which the provider agency does not comply.

(c) Any applicant or provider agency aggrieved by the denial or revocation of certification may request an adjudicative proceeding in accordance with He-M 507.15. The denial or revocation shall not become final until the period for requesting an adjudicative proceeding has expired or, if the applicant or provider agency requests an adjudicative proceeding, until such time as the administrative appeals unit issues a decision upholding the department's action.

(d) Pending compliance with all requirements for certification specified in the written notice made pursuant to (b) above, a provider agency shall not accept additional individuals if a notice of revocation has been issued concerning a violation which presents potential danger to the health or safety of the individuals being served.

(e) If certification has been revoked, the provider agency shall transfer all individuals to another appropriately certified community participation service program within 10 days of certificate revocation becoming final in accordance with (c) above

Notes

N.H. Code Admin. R. He-M 507.13

#6285, eff 7-12-96, EXPIRED: 7-12-04

New. #8142, INTERIM, eff 8-21-04, EXPIRED: 2-17-05

New. #8324, eff 4-16-05, EXPIRED: 4-16-13

New. #10320, INTERIM, eff 4-25-13, EXPIRES: 10-22-13; ss by #10426, eff 10-1-13 (from He-M 507.11 )