1. (a) The licensee shall provide the department with written notice at least 30 days prior to changes in any of the following:

   1. (1) Ownership;
   2. (2) Physical location;
   3. (3) Address;
   4. (4) Name;
   5. (5) Capacity; or
   6. (6) Affiliated or related parties.
2. (b) When there is a change in the name, the licensee shall submit to the department a copy of the certificate of amendment from the New Hampshire secretary of state, if applicable.

3. (c) The licensee shall complete and submit a new application and obtain a new license prior to operating, for:

   1. (1) A change in ownership; or
   2. (2) A change in the physical location.
4. (d) When there is a change in address without a change in location, the licensee shall provide the department with a copy of the notification from the local, state, or federal agency that requires the change.
5. (e) In accordance with 802.19(b) when there is to be a change in the listed services, prior to providing the additional services, the hospital shall provide the department with a description of the service change and, where applicable, identify what additional personnel will be hired and their qualifications, how the new services will be incorporated into the infection control and quality improvement programs, and describe what changes, if any, will be made to the physical environment.

6. (f) An inspection by the department shall be conducted prior to operation when there are changes in the following:

   1. (1) Ownership, unless the current licensee has no outstanding administrative actions in process and there will be no changes made by the new owner in the scope of services provided;
   2. (2) The physical location;
   3. (3) A change in the licensing classification;
   4. (4) A change that places the facility under a different life safety code occupancy chapter; or
   5. (5) An increase in the number of beds beyond what is authorized under the license.

7. (g) A revised license shall be issued for any of the following:

   1. (1) A change in name;
   2. (2) A change of administrator or medical director;
   3. (3) An increase in the number of beds beyond what is authorized under the license;
   4. (4) A change in the address without a change in physical location; or
   5. (5) When a waiver has been granted.

8. (h) The licensee shall inform the department in writing no later than 30 days prior to a change in

   1. (1) A resume identifying the name and qualifications of the new administrator or medical director;
   2. (2) Copies of applicable licenses for the new administrator or medical director;
   3. (3) The results of a criminal records check for the new administrator or medical director that shall include a criminal history from the state of New Hampshire;
   4. (4) The results of a BEAS registry check from the bureau of elderly and adult services for the administrator and medical director; and

   5. (5) A statement, which shall be signed at the time the initial offer of employment, contract, or engagement and then annually thereafter, stating that they:

      1. a. Do not have a felony conviction in this or any other state;
      2. b. Have not been convicted of a sexual assault, other violent crime, assault, fraud, theft, abuse, neglect, or exploitation or pose a threat to the health, safety, or well-being of a patient in this or any other state; and
      3. c. Have not had a finding by the department or any administrative agency in this or any other state for assault, fraud, abuse, neglect, or exploitation of any person in this or any other state.

   administrator or medical director, or as soon as practicable in the event of a death or other extenuating circumstances requiring an administrator or medical director change, and provide the department with the following:

9. (i) Upon review of the materials submitted in accordance with He-P 802.09(h), the department shall make a determination as to whether the new administrator or medical director meets the qualifications for the position, as specified in He-P 802.17(b) and He-P 802.17(c) respectively.
10. (j) If the department determines that the new administrator or medical director does not meet the qualifications for the position as specified in (i) above, it shall notify the licensee in writing so that a waiver can be sought or the licensee can search for a qualified candidate.
11. (k) The licensee shall inform the department in writing via e-mail, fax, or mail of any change in the licensee’s e-mail address as soon as practicable and in no case later than 10 days of the change. The department shall use email as the primary method of contacting the facility.
12. (l) A restructuring of an established hospital that does not result in a transfer of the controlling interest of the licensee, but which might result in a change in the name of the licensee or corporation, shall not constitute a change in ownership.
13. (m) If a licensee chooses to cease the operation of the hospital or special health care service, the licensee shall submit written notification to the department at least 60 days in advance which shall include a written closure plan.

Source. #2044, eff 6-3-82; ss by #3193, eff 1-28-86, EXPIRED: 1-28-92; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92 New. #5846, eff 6-22-94, EXPIRED: 6-22-00 New. #9580, eff 10-24-09; ss by #12407, INTERIM, eff 10-24-17, EXPIRED: 4-22-18 New. #13166, eff 1-28-21; ss by #14081, eff 9-25-24, EXPIRES: 9-25-34 (formerly He-P 802.08)