Complaints | NH

He-P 805.11 Complaints.

• The department shall respond to any complaint that meets the following conditions:
  • The alleged violation(s) occurred not more than 6 months prior to the date the department was made aware of the allegation(s);
  • The complaint is based upon the complainant’s first-hand knowledge regarding the allegation(s) or on information reported directly to the complainant by a person who has first- hand knowledge regarding the allegation(s); or
  • There is sufficient specific information for the department to determine that the allegation(s), if proven to be true, would constitute a violation of any of the provisions of RSA 151 or He-P 805.
• When practicable the complaint shall be in writing and contain the following information:
  • The name and address of the SRHCF, or the alleged unlicensed individual or entity;
  • The name, address and telephone number of the complainant; and
  • A description of the situation that supports the complaint and the alleged violation(s) of RSA 151 or He-P 805.
• Investigations shall include all techniques and methods for gathering information which are appropriate to the circumstances of the complaint, including, but not limited to:
  • Requests for additional information from the complainant;
  • A physical inspection of the premises;
  • Review of any records that might be relevant and have probative value; and
  • Interviews with individuals who might have information that is relevant to the investigation and might have probative value.
• For a licensed SRHCF, the department shall:
• Provide written notification of the results of the investigation to the licensee along with an inspection report if deficiencies were found as a result of the investigation; and
• Notify any other federal, state or local agencies of suspected violations of their statutes or rules based on the results of the investigation, as

• If the department determines that the complaint is unfounded or does not violate any statutes or rules, the department shall notify the licensee in writing and take no further
• If the investigation results in deficiencies being cited, the licensee shall be required to submit a POC in accordance with He-P 12(c).
• For the unlicensed individual or entity, the department shall provide written notification to the owner or person responsible that includes:
  • The date of the investigation;
  • The reasons for the investigation; and
  • Whether or not the investigation resulted in a determination that the services being provided require licensing under RSA 151:2,
• In accordance with RSA 151:7-a, II, the owner or person responsible shall be allowed 7 days from the date of receipt of the notice required by (g) above to respond to a finding that they are operating without a license or submit a completed application for a
• If the owner of an unlicensed facility does not comply with (h) above, or if the department does not agree with the owner’s response, the department shall:
  • Issue a written warning to immediately comply with RSA 151 and He-P 805; and
  • Provide notice stating that the individual has the right to appeal the warning in accordance with RSA 151:7-a, III.
• Any person or entity who fails to comply after receiving a warning as described in (i) above shall be subject to an action by the department for injunctive relief under RSA 151:17.
• Complaint investigation files shall be confidential in accordance with RSA 151:13, and shall not be disclosed publicly, but shall be released by the department on written request only:
  • To the department of justice when relevant to a specific investigation;
  • To law enforcement when relevant to a specific criminal investigation;
  • When a court of competent jurisdiction orders the department to release such information; or
  • In connection with an adjudicative proceeding relative to the