Community Living Facilities

Section 126-A:20

    126-A:20 Standards and Certification for Community Living Facilities. –
I. The commissioner shall adopt rules pursuant to RSA 541-A to govern the establishment and operation of community living facilities. The certification of community living facilities shall be based on these rules. Certification of such community living facilities shall be on a permanent, temporary, or emergency basis in accordance with these rules. No placements shall occur in the absence of such certification. The commissioner may withdraw certification at any time the commissioner has reasonable cause to believe that there exist violations of federal, state, or local law or of department rules adopted pursuant to RSA 541-A pertaining to community living facilities.
II. Certifications shall be subject to periodic review and renewal by the commissioner.
III. The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this subdivision or rules adopted under this subdivision. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this subdivision. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this subdivision shall be forwarded to the state treasurer to be deposited into the general fund.

Source. 1995, 310:1. 2003, 73:1, eff. Jan. 1, 2004.