§ 151:4 — Application for License

I. Applicants for a license shall file applications under oath with the department of health and human services upon forms prescribed and shall pay the license fee annually into the state treasury, or it shall be refunded to the applicant if the license is denied. The following shall not be required to pay the license fee:
(a) Facilities operated by any unit or division of federal, state, or local government;
(b) Laboratories located in hospitals and operated under the supervision of the hospital; and
(c) Sheltered care facilities, including sheltered homes and community living facilities, in which a placement is made under the department of health and human services.
II. Applications under this section shall be signed:
(a) In a private facility, by the owner,
(b) In a facility having a corporate formation, by 2 of its officers,
(c) In a facility under a governmental unit, by the head of the governmental department having jurisdiction over it,
(d) In an area agency as defined under RSA 171-A:2, I-b, by the area agency director.
III. (a) The department of health and human services shall require that applications set forth the:
(1) Full name and address of the owner of the facility for which license is sought.
(2) Name of the persons in control thereof.
(3) Certification, where local licensing is required, that the facility conforms with applicable local rules, regulations and ordinances having to do with health and safety.
(4) Name or location, or both, of community residences together with any certification required under subparagraph (a)(3) of this paragraph, when the application is submitted by an area agency as defined under RSA 171-A:2, I-b.
(5) to (7) [Repealed.]
(b) In addition to the requirements of subparagraph III(a), for facilities providing residence, the application shall include a description of the services and programs to be offered to the residents and a description of the facility's relation to or reliance upon any health care to be provided or offered to residents by individuals, agencies, or organizations from outside of the residence who are not employees of or under contract with or which will not receive payment from the applicant.
III-a. In addition to the requirements under paragraph III, the department of health and human services shall require that the materials submitted for certification of facilities under RSA 126-A:19 be attached to the application for license.
IV. The department of health and human services may require that applications set forth:
(a) Affirmative evidence of ability to comply with such reasonable standards, rules and regulations as may be lawfully prescribed hereunder,
(b) The submission of annual reports of expenses of operation and other information necessary to determine costs. Such reports shall be in accordance with forms and instructions issued by the department.
(c) Any other additional information that the department of health and human services may require.
V. The department of health and human services shall not accept or process the license application of a facility operating under suspension or revocation of a license until any violation of this chapter or of rules adopted thereunder has been corrected and the facility has paid to the department a reinspection fee equal to the annual license fee established in RSA 151:5.
VI. In addition to publication on the department's website, any initial application for licensure, under this chapter, shall be available for inspection and copying by any person immediately upon it being filed and shall not be confidential under RSA 151:13.
VII. [Repealed.]

Legislative History

1947, 216:1, par. 4. RSA 151:4. 1969, 379:3. 1977, 332:1. 1979, 399:5, 6. 1982, 44:2. 1983, 274:1; 291:1, I. 1988, 156:2-4. 1991, 365:3. 1995, 310:9, 175, 181, eff. Nov. 1, 1995. 2016, 198:2, 3, eff. July 1, 2016. 2020, 39:65, eff. July 1, 2020; 39:68, eff. July 29, 2020.