(c) If the investigation conducted pursuant to (b), above, produces credible evidence that an approved provider is not meeting one or more applicable standards, the executive director shall:

1. (1) Notify the approved provider in writing of the standard(s) that are allegedly not being met;
2. (2) If the deficiencies that are alleged do not jeopardize the health, safety, and well-being of NH licensees or the public, allow the approved provider 30 days in which to cure the identified deficiencies; and

3. (3) Commence an adjudicative proceeding in accordance with Plc 206 to determine whether the approval should be suspended or revoked if:

   1. a. An opportunity to cure is not required to be provided by (2), above; or
   2. b. An opportunity to cure is provided but the deficiencies are not cured.

(d) If the proceeding conducted in accordance with (c), above, proves by a preponderance of the evidence that the failure to meet the standard(s) on which the proceeding was based did in fact occur, the executive director shall:

1. (1) Place the approved provider on probationary status if, for each standard not met:

   1. a. The failure had no substantial potential to, and in fact did not, jeopardize the health, safety, and well-being of NH licensees or the public;
   2. b. The failure was negligent or unknowing, such that additional attention to the standards and the provider’s policies and practices should help to ensure that it will not be repeated; and
   3. c. The provider has not been the subject of an adjudicative proceeding for the same or a similar failure within the preceding 2 years; or

2. (2) Suspend the approval conditional on corrective actions being taken if:

   1. a. Any failure had a substantial potential to, or actually did, jeopardize the health, safety, and well-being of NH licensees or the public;
   2. b. For each standard not met, the failure was negligent or unknowing, such that additional attention to the standards and the provider’s policies and practices should help to ensure that it will not be repeated; and
   3. c. The provider has not been the subject of an adjudicative proceeding for the same or a similar failure within the preceding 2 years.

(f) If the proceeding conducted in accordance with (c), above, proves by clear and convincing evidence that the failure to meet the standard(s) on which the proceeding was based did in fact occur, the executive director shall revoke the approval if, for any such failure:

1. (1) The failure was reckless or knowing;
2. (2) The failure resulted in harm to a licensee or the public; or
3. (3) The provider has been the subject of 3 or more adjudicative proceedings for the same or any similar failure within the preceding 2 years.

(g) If an approval is revoked pursuant to (f), above, the provider:

1. (1) Shall work with any licensees currently participating in a program agreement to transition them to another provider if possible; and
2. (2) Shall not apply again for approval under this chapter for at least one year from the date of the revocation.

(h) If the hearing conducted in accordance with (c), above, proves by a preponderance of the evidence that the failure to meet the standard(s) on which the proceeding was based did in fact occur, the executive director shall impose limitations on the scope of the approval to minimize the opportunities for the provider to commit additional or repeat failures or impose requirements for other corrective actions if:

1. (1) The failure had no substantial potential to, and in fact did not, jeopardize the health, safety, and well-being of NH licensees or the public;
2. (2) The failure was negligent or unknowing; and
3. (3) The provider has been the subject of one or more investigations that did not lead to action being taken under this section for the same or a similar violation within the preceding 2 years.

(i) If limitations on the scope of the approval are imposed pursuant to (h), above, the provider may request the limitations to be removed upon presenting proof to the executive director that:

1. (1) The provider has complied with all terms of the limitations for not less than 1 year; and

2. (2) The provider has implemented new policies and procedures or modified its existing policies and procedures to minimize the likelihood that a failure to meet the standard(s) will recur.

   Source. #13971, eff 7-1-24

   Appendix A: State Statutes Implemented

   Rules

   State Statutes Implemented

   Plc 500

   RSA 310:5, III; RSA 329:13-b; RSA 326-B:36-a; RSA 318:29-a

   Appendix B: Incorporated Definitions