Denial, Disqualification and Termination of Provider Enrollment

(a) Licensed and license-exempt child care providers shall be denied enrollment or re-enrollment if:

(1) A license-exempt protective child care provider fails to meet all the applicable requirements of He-C 6912.11, He-C 6912.12, He-C 6912.13 and He-C 6920; or

(2) A licensed preventive and protective child care provider fails to meet all of the applicable requirements of He-C 6912.06, He-C 6912.07, He-C 6912.08, He-C 6912.11, He-C 6912.12, and He-C 6912.13.

(c) Licensed and license-exempt child care providers shall be disqualified from enrollment if:

(1) The enrolled child care scholarship provider is convicted of fraud by the court pursuant to RSA 167:17-b;

(2) The enrolled child care scholarship provider does not meet the criteria in (c)(1) above, but has been found to have committed fraud by an investigation conducted by DHHS pursuant to RSA 161:2, XV;

(3) DHHS determines that the health or safety of a child is endangered as a result of:

a. The licensed child care provider’s care, as described in RSA 170-E:4, II, RSA 170-E:7, and He-C 4002.09(i)(1) through (11) ;

b. The license-exempt child care provider’s care as described in RSA 170-E:4, II and the provider fails to comply with the requirements of He-C 6920.08, and RSA 170:3-a ; or

c. The licensed foster care parent as described in RSA 170E:35 and the foster care parent fails to comply with the requirement of He-C 6446.29;

(4) The child care provider is licensed, and the child care license, foster care license, or permit was denied or revoked prior to or during the enrollment period;

(5) There has been a disciplinary action taken by a licensing body in any state;

(6) The child care provider has provided false or misleading statements to DHHS relating to the requirements in He-C 6912;

(7) At any time the child care provider has failed to disclose that any person in the household has been convicted of a crime identified by the background checks or found to have committed child abuse or neglect pursuant to RSA 169-C, or He-C 4002.09, He-C 6920.04, and He-C 6446.26;

(8) The child care provider has provided false or misleading billing documentation, pursuant to He-C 6918.06;

(9) The child care provider has failed to comply with any of the elements of the provider agreement Form 1860, “Child Care Provider Agreement,” (May 2020) as required by He-C 6912.06, He-C 6912.07, He-C 6912.08, He-C 6912.11, He- C 6912.12, and He- C 6912.13;

(10) The child care provider does not comply with He-C 6912, He-C 6914, He-C 6916, He-C 6917, He-C 6918, He-C 6920, He-C 4002 for licensed child care providers, and He-C 6446 for licensed foster parents; or

(11) The child care provider has cared for a child in a manner which endangers/endangered the health, safety, or welfare of the child(ren), in violation of RSA 170-E:4, II.

(d) The child care provider shall be disqualified immediately from enrollment and receive no state funds under the child care scholarship program for a period of not less than 5 years, if any of the following have occurred:

(1) The child care provider has committed fraud, as defined in He-C 6912.03(v) in any program administered by DHHS;

(2) The child care provider has not been convicted of fraud, but DHHS has found the provider has misrepresented information, or made repeated billing errors and failed to comply with any corrective action relating to the billing errors;

(3) The child care provider has had his or her child care license or permit revoked pursuant to RSA 170-E:12, V;

(4) After an investigation by DHHS pursuant to He-C 6920.07, the provider has been found to be in violation of RSA 170-E:12, V and RSA 170-E:35;

(5) The child care provider has billed for child care services provided by another provider or person; or

(6) The child care provider has billed for child care services while not in compliance with child care licensing requirements of He-C 4002 or foster care parent licensing requirements He-C 6446.

(e) The opportunity for informal dispute resolution described by He-C 4002.11 shall not apply to any provider who has been disqualified due to fraud as described in (c) above.

(f) The child care provider who has been disqualified in accordance with (d) above shall be sent a letter from DHHS regarding the disqualification as follows:

(1) The letter shall be sent via certified mail to the provider informing him or her of the date of the disqualification;

(2) The letter shall include the reason(s) for the disqualification; and

(3) The letter shall include information about the provider’s right to appeal the disqualification in accordance with He-C 200.

(g) DHHS shall notify any parent, comprehensive family support agency, or CPSW who is utilizing a provider authorized for payment for child care services pursuant to He-C 6912 and He-C 6910 who has been disqualified by DHHS.

Source. #13064, eff 7-1-20