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
