1. (a) In accordance with RSA 170-E:40, I and II, the department shall respond to any complaint that meets the following conditions:

   1. (1) The alleged non-compliance occurred within 6 months of the date of the allegation(s);
   2. (2) The complaint includes 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. (3) There is sufficient specific information for the unit to determine that the allegation(s), if proven to be true, would constitute non-compliance with any of the provisions of He-C 4001 or RSA 170-E; or

   4. (4) The complaint is from any source and alleges non-compliance that occurred at any time if the complaint alleges:

      1. a. Physical injury or abuse;
      2. b. Verbal or emotional abuse; or
      3. c. The danger of physical injury to one or more residents.
2. (b) After the investigation of a complaint has been completed and the unit determines the complaint is founded, the unit shall issue a statement of findings listing the citation(s) found resulting from the investigation and any other citation(s) found during the investigation.
3. (c) When the unit determines the complaint unfounded, the unit shall send a notice to the program advising that the complaint was unfounded.
4. (d) The records compiled during an investigation shall be confidential as required by RSA 170-E:40, III.

5. (e) Programs shall conduct an internal assessment regarding allegations of staff treatment of residents by obtaining basic information necessary to determine whether the staff presents a current health or safety risk to the residents.

   III.

Source. #2664, eff 3-30-84, EXPIRED: 3-30-90 New. #8581, eff 4-20-06, EXPIRED: 4-20-14 New. #10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151 eff 12-30-20; ss by #14214, eff 4-1-24