N.H. Code Admin. R. He-C 6350.07
Denial and Revocation of Certification and Process for Administrative Appeals
Effective Jan 22, 2026#4442, eff 7-1-88, EXPIRED 7-1-94 New. #6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06 New. #8693, eff 7-27-06; ss by #10759, eff 1-17-15; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.08)Commissioner, Department of Health and Human Services
- (a) The department shall deny an application for certification for payment when it determines that the applicant does not demonstrate compliance with He-C 6350, He-C 6420, or their license has been denied, revoked, or suspended in accordance with RSA 170-E:35 or RSA 151, or for out-of-state programs their license has been denied, revoked, or suspended by their state’s regulatory agency for licensure.
- (b) Certification for payment shall be revoked if the department determines that the residential treatment program has failed to comply with one or more of the provisions of He-C 6350, He-C 6420, or the licensing body that governs the out-of-state residential treatment program. Should certification be revoked, the program shall work cooperatively with the department to transition the children to other settings.
- (c) Certification for payment shall be voluntarily terminated if a residential treatment program notifies the department that they will no longer be serving children referred from the department in their program.
- (d) Certification for payment shall be denied or terminated if the department has determined that there is no need for certification of the residential treatment program pursuant to RSA 170-G:4, XVIII.
- (e) Revocation of payment shall include the end of the program’s credentials from the department’s payment system and the recoupment of unused funds, if applicable.
- (f) If the department denies or revokes certification for payment, it shall send written notice via United States Postal Service certified mail to the applicant or certified residential treatment program, which sets forth the reason(s) for the department’s determination.
- (g) The denial or revocation shall become final 14 business days after receipt of the written notice in (f) above, unless the applicant or certified residential treatment program appeals the department’s determination pursuant to He-C 200, RSA 170-G:4-a, or RSA 151:8, II.
- (h) Pursuant to RSA 170-G:4-a, RSA 151:8, II, RSA 541-A, and He-C 200, applicants or programs seeking to appeal a department decision to deny their application or revoke their certification shall file an appeal with the commissioner within 14 business days of the date of the letter or other written notification of the action.
(i) If the program wants to file an appeal it shall:
- (1) Be made in writing;
- (2) Be signed by a person authorized to submit the appeal;
- (3) Be filed with the commissioner of the department; and
- (4) State the specific reason(s) for the appeal.
Source. #4442, eff 7-1-88, EXPIRED 7-1-94 New. #6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06 New. #8693, eff 7-27-06; ss by #10759, eff 1-17-15; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.08)