N.H. Code Admin. R. He-M 403.10
Suspension and Revocation of Approval
Effective Apr 3, 2018#4195, eff 1-1-87, EXPIRED: 1-1-93 New. #6816, eff 7-25-98, EXPIRED: 7-25-06 New. #8716, INTERIM, eff 9-6-06, EXPIRED: 3-5-07 New. #9533, eff 9-1-09, EXPIRED: 9-1-17 (from He-M 403.12) New. #12388, INTERIM, eff 9-23-17, EXPIRED: 3-22-18 New. #12522, eff 4-3-18Former Division of Mental Health and Developmental Services
- (a) If the administrator finds at any time that the health, safety, or welfare of individuals or the public is endangered by the continued operation of services by a CMHP, the administrator shall immediately suspend that CMHP's approval and shall issue the CMHP and board written notice of suspension, which shall specify the reason(s) therefor, and the process for a hearing pursuant to He-M 403.15.
- (b) In the event that the administrator determines that a CMHP is not providing services and programs in accordance with the department’s rules or contract, the administrator shall send a written notice to the CMHP and board specifying the nature of the deficiencies and/or the remedial action which is required. Such notice shall contain time limitations stating when the remedial action shall be completed. Said time limitations shall not exceed 180 days.
- (c) If a CMHP has not complied with the remedial action required pursuant to (b) above, the administrator shall issue the CMHP and board written notice of revocation, which shall specify the reason(s) therefor.
- (d) If the administrator determines that changes to federal or state laws necessitate restructuring of the state's community mental health service delivery system through revocation of a CMHP's approval, the administrator shall issue the CMHP and board written notice of revocation, which shall specify the reason(s) therefor.
- (e) A notice of revocation of approval shall specify the reasons for the revocation and the effective date. The effective date of the revocation shall be at least 90 days from the date of the notice, except that revocation of a suspended approval shall be effective immediately upon notice.
- (f) Upon issuance of an order to revoke a CMHP's approval, the administrator shall initiate the process to approve a successor CMHP pursuant to He-M 403.08. Final approval of a successor CMHP shall not be made unless and until a revocation order is issued and any appeals to the administrator have been decided upon.
Source. #4195, eff 1-1-87, EXPIRED: 1-1-93 New. #6816, eff 7-25-98, EXPIRED: 7-25-06 New. #8716, INTERIM, eff 9-6-06, EXPIRED: 3-5-07 New. #9533, eff 9-1-09, EXPIRED: 9-1-17 (from He-M 403.12) New. #12388, INTERIM, eff 9-23-17, EXPIRED: 3-22-18 New. #12522, eff 4-3-18