New Hampshire Administrative Code

(a) Motions and objections shall be in writing and conform to the requirements of He-Hea 206.01 unless the nature of the relief requested requires oral presentation upon short notice. (b) Motions shall state clearly and concisely:(1) The purpose of the motion; (2) The relief soug…

The board shall commence an adjudicative proceeding for: (a) All CON applications; (b) Any application for a determination that a project is not subject to review which does not meet the requirements for being placed on the consent agenda pursuant to He-Hea 203.02(a); (c) All cha…

This part shall govern all proceedings conducted by the board except rulemaking and nonadjudicative investigations or other conduct of the board as specified therein. Notes N.H. Admin. Code § He-Hea 208.02 #5593, eff 3-10-93, EXPIRED: 3-10-99 New. #6976, INTERIM, eff 4-15-99, EXP…

(a) Parties and witnesses in adjudicative proceedings shall have the right to be represented by legal counsel, but the party shall designate the attorney as its representative pursuant to He-Hea 204.02(c). (b) Requests for appointment of counsel shall not be entertained, and the …

(a) The board shall commence an adjudicative proceeding by issuing a notice to the parties at least 10 days before the first scheduled hearing date or first prehearing conference. (b) The notice commencing an adjudicative proceeding shall: (1) Identify the parties to the proceedi…

(a) The board shall assign a docket number to each adjudicative proceeding and to each matter on the consent agenda, if one has not been assigned pursuant to He-Hea 206.02. (b) The hearing notice shall be served upon all parties to the proceeding at least 10 days prior to the fir…

(a) All petitions, motions, replies or objections, exhibits, memoranda or other documents filed by any party to a proceeding governed by this chapter, shall be served by the proponent upon all parties by:(1) Depositing a copy of the document in the United States mail, first class…

(a) Petitions for intervention shall:(1) Describe in writing the petitioner's interest in the subject matter of the proceedings; (2) Be submitted to the presiding officer; and (3) Be mailed in copy form and emailed to all parties identified in the notice commencing the hearing. (…

(a) At any time prior to the commencement of an adjudicative proceeding, the presiding officer shall direct the parties to attend one or more prehearing conference(s) if: (1) More than one application has been filed in response to the board's request for CON applications; (2) The…

(a) All parties to an adjudicative proceeding shall follow the service of process documents requirements set forth in He-Hea 208.06. (b) In the case of 2 or more CON applications that have been filed with the board, an exchange of the application and related materials shall be ma…

(a) The board's proceedings shall not be conducted under the rules of evidence. All data which will reasonably assist the board to arrive at the truth, shall be admissible. Evidentiary privileges recognized by law in New Hampshire shall also apply to proceedings under this chapte…

(a) The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence. (b) Without limiting the generality of (a), above, all moving parties and petitioners, including applicants, shall have the …

(a) At least 7 days before the proceeding, all parties shall serve, upon all other parties, a list giving the name and address of all witnesses intended to be called during the proceeding, and a list briefly identifying all exhibits intended to be offered during the proceeding. (…

(a) The board shall, for good cause, reopen the record at any time prior to the decision, upon appropriate notice to all parties. (b) Good cause shall include, but not be limited to:(1) New evidence that the board determines to be material to its decision; (2) The availability of…

When a noncompliant pleading, motion, reply, objection or other tendered information is not accepted or admitted by the board, or when conditions for the acceptance or admission of noncompliant information are not met, the board shall make a decision on the pending matter without…

The board, upon its own initiative or upon the motion of any party, shall suspend or waive any procedural requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more li…

Adjudicative proceedings which involve the same, or substantially related issues, shall be consolidated for hearing or decision, or both, when fairness, accuracy and efficiency would be served by such an action. Consolidation shall be ordered in response to a motion from a party …

The board shall sever one or more issues from a proceeding and dispose of those issues in another proceeding when doing so would materially promote the fairness, accuracy and efficiency of the proceeding. Severance shall be ordered in response to a motion from a party or on the b…

(a) Final adjudicative orders of the board, orders determining that a project is subject to CON review, and orders denying petitions for declaratory rulings or rulemaking shall take effect on the date they are served upon the parties pursuant to He-Hea 208.06(b). (b) Motions for …

Any party aggrieved or dissatisfied with the final decision of the board may appeal such decision to the New Hampshire supreme court to the extent provided by RSA 151-C:10,I or RSA 541. Notes N.H. Admin. Code § He-Hea 211.01 #7139, eff 11-23-99, EXPIRED: 11-23-07 New. #9075-A, ef…

(a) Notwithstanding any other provision of this title, the board, within the limits of its authority, and acting through its members, shall make inquiry of any person and otherwise gather data, and prepare reports describing the data obtained whenever:(1) It receives data which l…

(a) Notwithstanding any other provision of this chapter, the board, within the limits of its authority, and acting through its members, shall commence a formal investigation whenever it receives data which leads it to believe that a violation of any statute administered by the bo…

(a) The presiding officer shall appoint as an investigating officer a member(s) of its board to conduct a formal or informal investigation. (b) At the request of the investigating officer, board staff or other consultants shall provide technical assistance and information as nece…

(a) The board shall conduct informational hearings to assist it in gathering information concerning policy matters such as the proposing of board rules or determining whether a request requires a CON review pursuant to He-Hea 301.01. (b) The board chair, deputy chair or other boa…

(a) Upon the conclusion of formal investigation pursuant to He-Hea 212.02, the result of which proposes sanctions against a person or CON holder, the board shall commence an adjudicative hearing pursuant to He-Hea 208.04. (b) If the board determines pursuant to the hearing descri…

(a) All adjudicative proceedings of the board shall proceed if a quorum of the board members are present and eligible to sit at such proceeding. (b) Upon closing the record, the board shall proceed to a decision on the subject matter of the adjudicative proceeding, by majority vo…

The board shall process its decisions in the following manner: (a) Upon rendering a decision, the presiding officer shall name one or more board members to assist its staff in developing a draft of the findings of fact and conclusions of law supporting the board's decision; (b) T…

(a) For adjudicative hearings, the board's decisions shall be made in writing by one of the following documents:(1) If a denial, an order attesting the denial and the findings of fact and conclusions of law supporting the denial; (2) If an approval, the findings of fact and concl…

(a) The board shall maintain written orders and decisions within its office for a period of 10 years. (b) Written decisions and orders older than 10 years shall be filed and stored with the director of the division of records management subject to retention schedules established …

(a) Pursuant to RSA 151-C:14I, the board shall impose sanctions against any person who has been found to violate RSA 151-C, these rules, or any order of the board upon conclusion of the following:(1) A formal investigation pursuant to He-Hea 212.02; and (2) The completion of an e…

(a) The board shall annually assess administrative fees in accordance with RSA 151-C:15. (b) Assessment shall be made when the board, through the office of health services planning and review, department of health and human services, mails an administrative fee to each hospital, …

(a) The board shall assess fees no later than January 2 of each year. (b) The board shall use financial data for the computations of fees as derived from each facility's data as of June 30th preceding the January 2nd billing. (c) All fees shall be due and payable no later than Ma…

In addition to the administrative fee, the board shall levy other fees pursuant to RSA 151-C:15, II-III, if: (a) No administrative fee was assessed to a health care provider due to the non-existence of the facility at the time the fees were assessed to all other health care facil…

(a) Applicants shall file an application fee if they are subject to He-Hea 216.03. (b) Such fee shall be calculated by multiplying the total estimated capital cost of the project by 0.0025, pursuant to RSA 151-C:15, II. (c) Based on the calculation in (b) above, the application f…

The board shall assess a fee of $1,000 to any person petitioning the board to develop a standard, if the board grants the petition pursuant to RSA 151-C:15, III. Notes N.H. Admin. Code § He-Hea 216.05 #7139, eff 11-23-99, EXPIRED: 11-23-07 New. #9075-B, eff 1-24-08 Amended by Vol…

A board rule or any amendment or repeal thereof shall be adopted by order after notice and opportunity for a legislative-type informational hearing pursuant to He-Hea 212:04 as provided by RSA 541-A:11. Rules shall be proposed by petition or on the board's own initiative. Notes N…

(a) The board, on its own initiative, shall develop standards in such manner and within such time periods as it deems appropriate, provided that the rulemaking process complies with RSA 541-A:3. (b) Upon the granting of a petition and the payment of the fee in accordance with He-…

A request for the commencement of a proceeding to adopt, amend or repeal a rule shall be submitted in the form of a petition which contains the following information: (a) A statement of the reason for the petitioners interest in the subject matter of the proposed rule; (b) The te…

(a) In the event that a petition is filed which complies with the provisions of He-Hea 217.03, the presiding officer shall serve a copy of the petition upon other persons with a clear interest in the subject matter of the proposed rulemaking action prior to the issuance of a boar…

(a) Petitions for a declaratory ruling on matters within the jurisdiction of the board shall: (1) Be filed as a petition which meets the requirements of He-Hea 206.01 and He-Hea 207.01; and (2) Contain the following information: a. The exact ruling being requested; b. The statuto…

(a) "Applicant" means "applicant" as defined in RSA 151-C:2, II. (b) "Application" means a proposal filed by a person for a certificate of need. (c) "Board" means "board" as defined in RSA 151-C:3. (d) "Board certified" means the confirmation given by a national or regional assoc…

The following limitations and permissible uses shall be applicable to vendors of and licensed facilities receiving mobile unit services: (a) The vendors of mobile PET services or the licensed facilities receiving mobile PET services shall be licensed by the bureau of radiological…

Mobile PET services shall only be provided by and operated on the site of a licensed facility. Notes N.H. Admin. Code § He-Hea 2002.02 #7386, eff 12-1-00, EXPIRED: 12-1-08 New. #9432, eff 3-20-09

(a) Vendors of mobile PET unit services shall at a minimum provide or contract for the following personnel:(1) A driver/operator to operate the self-contained van or tractor-trailer; and (2) A coordinator who works with the licensed facility's personnel to establish patient sched…

(a) The patient's clinical indications for PET shall be reviewed by a board certified radiologist or nuclear medicine physician per He-Hea 2002.03(c) for: (1) Clinical scanning safety; and (2) Clinical appropriateness of requested scanning. (b) Clinical appropriateness shall be d…

(a) In addition to the criteria in RSA 151-C:7 and He-Hea 303, the applicant shall meet all the criteria set forth in this section. (b) Vendors shall demonstrate that their proposed projects will be financially feasible. (c) Demonstration of financial feasibility shall be in the …

(a) Applicants proposing to establish or extend mobile PET services to new sites shall demonstrate that the proposed service will maintain or improve, for the proposed service area, the:(1) Quality of care; (2) Access and availability to health care services; and (3) Cost effecti…