N.H. Code Admin. R. He-M 521.10 - Denial and Revocation of Certification

(a) In the event of the denial or revocation of certification of services pursuant to (c) below, the individual's service coordinator shall assist him or her to continue receiving alternative services that meet his or her needs.

(b) The bureau shall deny an application for certification or revoke certification of services, following written notice pursuant to (d) below and opportunity for a hearing pursuant to He-C 200, due to:

(1) Failure of a staff member, provider, provider agency, or area agency to comply with He-M 521 or any other applicable rule adopted by the department;

(2) Hiring of persons below the age of 18 as staff or providers;

(3) Submission of materially false or misleading information to the department or failure to provide information requested by the department and required pursuant to He-M 521;

(4) The staff, provider, provider agency, or area agency preventing or interfering with any review or investigation by the department;

(5) The staff, provider, provider agency, or area agency failing to provide required documents to the department;

(6) Any reported abuse, neglect, or exploitation of an individual by a provider, staff member, or person living in an individual's residence, 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. Such finding has not been overturned on appeal, been annulled, or received a waiver pursuant to He-M 521.14;

(7) Failure by a provider agency or area agency to perform criminal background checks on all persons paid to provide services under He-M 521 who begin to provide such services on or after the effective date of He-M 521, or any person living in an individual's residence;

(8) A misdemeanor conviction of any staff or provider or any person living in an individual's residence that involves:

a. Physical or sexual assault;

b. Violence or exploitation;

c. Child pornography;

d. Threatening or reckless conduct;

e. Theft;

f. Driving under the influence of drugs or alcohol; or

g. Any other conduct that represents evidence of behavior that could endanger the well-being of an individual;

(9) A felony conviction of any staff or provider or any person living in an individual's residence; or

(10) Evidence that any provider or staff working directly with individuals has an illness or behavior that, as evidenced by the documentation obtained and the observations made by the department, would endanger the well-being of the individuals or impair the ability of the provider or staff to comply with department rules.

(c) If the department determines that services meet any of the criteria for denial or revocation listed in (b) (1) -(10) above, the department shall deny or revoke the certification of the services.

(d) Certification shall be denied or revoked upon the written notice by the department to the family and provider, provider agency, or area agency stating the specific rule(s) with which the service does not comply.

(e) Any certificate holder aggrieved by the denial or revocation of the certification may request an adjudicative proceeding in accordance with He-M 521.12 and the denial or revocation shall not become final until the period for requesting an adjudicative proceeding has expired or, if the certificate holder requests an adjudicative proceeding, until such time as the administrative appeals unit issues a decision upholding the department's action.

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

Notes

N.H. Code Admin. R. He-M 521.10

#5791, eff 3-1-94, EXPIRED: 3-1-00

New. #7242, INTERIM, eff 4-27-00, EXPIRED: 8-25-00

New. #7494, eff 5-22-01; ss by #9475, eff 5-22-09

Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12340, Effective 7/25/2017, Expires 7/25/2027.