1. (a) At the time of denying an application for approval or revoking an approval, the department shall send to the applicant or IDCMP written notice of non-compliance that sets forth:

   1. (1) The action to be taken by the department;
   2. (2) The reason(s) for the proposed action; and
   3. (3) The right of an applicant or IDCMP to a hearing in accordance with He-C 200 before the non-compliance action becomes final.

2. (b) The department shall deny an application or withdraw the approval of an IDCMP if:

   1. (1) An applicant or an IDCMP has violated provisions of He-A 500, or other applicable state or federal laws or rules, or allowed conditions to exist, which violates or has the potential to harm a client’s health, safety, or well-being;

   2. (2) An applicant, IDCMP, or any representative or employee of the applicant or IDCMP:

      1. a. Has abused, exploited, neglected, or extorted a client;
      2. b. Has committed fraud;
      3. c. Provides false or misleading information to the department;
      4. d. Prevents or interferes, or fails to cooperate with any inspection or investigation conducted by the department; or
      5. e. Fails to provide requested files or documents to the department;
   3. (3) The IDCMP failed to implement or continue to implement the required components of a POC that has been accepted or imposed by the department in accordance with He-A 504.08; or
   4. (4) The IDCMP has failed to deliver the agreed-upon services or maintain applicable provider standards.
3. (c) The department shall order the immediate suspension of a certification and the cessation of operations when it finds that the health, safety, or welfare of a client is in jeopardy and requires emergency action in accordance with RSA 541:A-30.
4. (d) If an immediate suspension is upheld, the IDCMP shall not resume operating until the department determines the applicant or IDCMP has implemented appropriate measures to ensure the health, safety, or welfare of clients is no longer in danger, after a department approved plan of correction has been completed.
5. (e) An applicant or an IDCMP shall have 30 calendar days after receipt of the notice of emergency revocation action to request a hearing to contest the action.
6. (f) If a written request for a hearing is not made pursuant to (e) above, the IDCMP shall waive its right to a hearing and the action of the department shall become final.
7. (g) Hearings under this section shall be conducted in accordance with RSA 541-A and He-C 200.
8. (h) No ongoing non-compliance action shall preclude the imposition of any remedy available to the department under RSA 541-A:30, III, or He-A 500.
9. (i) When an IDCMP’s approval has been denied or revoked, the IDCMP administrator, or agency associated with the IDCMP shall not be eligible to reapply for an approval or be employed as an administrator of an IDCMP for at least one year.

10. (j) The one year period referenced in (i) above shall begin on:

    1. (1) The date of the department’s decision to withdraw or deny the approval, if no request for an administrative hearing is requested; or
    2. (2) The date a final decision upholding the action of the department is issued, if a request for a hearing is made and a hearing is held.
11. (k) Notwithstanding (i) above, the department shall consider an application submitted after the decision to withdraw or deny becomes final, if the applicant demonstrates that circumstances have changed to the extent that the department now has good cause to believe that the applicant has the requisite degree of knowledge, skills, and resources necessary to maintain compliance with the provisions of RSA 265-A:40, He-A 500, and any other applicable state or federal laws or rules.

Source. #10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34