reglab/housing_qa huggingface dataset:
NJ Rev Stat § 26:2H-32 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-32 - Definitions.

26:2H-32 Definitions.  1. The following words or phrases, as used in P.L.1977, c.237 (C.26:2H-32 et seq.), shall have the following meanings, unless the context otherwise requires: a. "Nursing home" means a facility providing therein nursing care to persons who are sick, invalid, convalescing, or who have disabilities, in addition to providing lodging and board or health-related service, or any combination of the foregoing and in addition thereto, providing nursing care and health-related service, or either of them, to persons who are not occupants of the facility. b. "Affiliate" means (1) with respect to a partnership, each partner thereof; (2) with respect to a corporation, each officer, director, principal stockholder, or controlling person thereof; (3) with respect to a natural person, (a) each member of said person's immediate family, (b) each partnership and each partner thereof of which said person or any affiliate of said person is a partner, and (c) each corporation in which said person or any affiliate of said person is an officer, director, principal stockholder, or controlling person. c. "Controlling person" of any corporation, partnership, or other entity means any person who has the ability, directly or indirectly, to direct or cause the direction of the management or policies of said corporation, partnership, or other entity. d. "Immediate family" of any person includes each parent, child, spouse, brother, sister, first cousin, aunt and uncle of such person, whether such relationship arises by birth, marriage or adoption, as well as the person's domestic partner or partner in civil union of that person as defined in section 3 of P.L.2003, c.246 (C.26:8A-3) or section 2 of P.L.2006, c.103, (C.37:1-29) and the partner's parent and adult child. e. "Principal stockholder" of a corporation means any person who beneficially owns, holds or has the power to vote, 10% or more of any class of securities issued by said corporation. L.1977, c.237, s.1; amended 2003, c.246, s.27; 2017, c.131, s.97.
NJ Rev Stat § 26:2H-34 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-34 - Verification of report

26:2H-34. Verification of report  Every report required to be filed by a nursing home pursuant to this act shall contain a written statement, sworn to by or on behalf of such nursing home and the operator of such nursing home to the effect that the report is true and complete and prepared in accordance with the provisions of this act. L.1977, c. 237, s. 3.
NJ Rev Stat § 26:2H-35 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-35 - Violations; penalty; recovery

26:2H-35. Violations; penalty; recovery  4. Any person, firm, association, partnership or corporation who fails to file a statement as required by this act or willfully files a false statement shall be liable to a penalty of not less than $10.00 nor more than $100.00 for each day that such failure continues or such false statement remains uncorrected. The penalties prescribed and authorized by this act shall be recovered in a summary civil proceeding brought in the name of the State in the Superior Court pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).  L.1977,c.237,s.4; amended 1991,c.91,s.288.
NJ Rev Stat § 26:2H-35.1 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-35.1 - Report of comparative evaluative profiles of nursing homes; compilation and periodical update; furnishing to public

26:2H-35.1. Report of comparative evaluative profiles of nursing homes; compilation and periodical update; furnishing to public  The State Commissioner of Health shall compile and periodically update a report which compares evaluative profiles of all nursing homes in this State. The report shall compare nursing homes on the basis of size, staff to patient ratio, the number of actions initiated by State agencies based upon verified complaints about the quality of patient care and conditions in each home, the number and types of violations charged against each home and shall contain such other information as the commissioner deems pertinent. The commissioner shall periodically publicize the existence of the report and shall supply a copy of the report, free of charge, to any member of the public who requests it.  L. 1986, c. 164, s. 1, eff. Dec. 2, 1986.
NJ Rev Stat § 26:2H-35.2 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-35.2 - Existence of life threatening condition at nursing home; public notice

26:2H-35.2. Existence of life threatening condition at nursing home; public notice  Whenever the Department of Health determines that a life threatening condition exists at any nursing home in this State, the commissioner may as soon as is reasonably possible issue a public notice describing the details of the condition in such a manner as to make members of the public generally aware of the matter. The commissioner may postpone issuing the public notice until such time as the notice would not jeopardize an ongoing investigation of the nursing home.  L. 1986, c. 164, s. 2, eff. Dec. 2, 1986.
NJ Rev Stat § 26:2H-36 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-36 - Legislative findings

26:2H-36. Legislative findings  The Legislature finds: a. Many senior citizens in the State are residing in boarding homes or nursing homes. Their life, safety, health and welfare is largely dependent upon the conditions and care provided in these homes; b. Some homes are providing inadequate medical and nursing care, inadequate living conditions, and are in substantial or habitual violation of Federal or State laws or regulations concerning health, safety or resident care; c. It is necessary in order to protect the public welfare and the residents of the homes that a summary statutory procedure be established to eliminate substantial or habitual deficiencies in resident care or living conditions or violations of Federal or State laws or regulations in these homes. L.1977, c. 238, s. 1, eff. Sept. 29, 1977.
NJ Rev Stat § 26:2H-37 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-37 - Definitions.

26:2H-37 Definitions.  2. As used in this act, and unless the context otherwise requires: a. "Boarding or nursing home" or "home" means: a private nursing home or convalescent home regulated under chapter 11 of Title 30 of the Revised Statutes; a facility or institution, private or public, regulated and licensed as an extended care facility, skilled nursing home, nursing home, or intermediate care facility pursuant to P.L.1971, c.136 (C.26:2H-1 to 26:2H-26); a residential health care facility, as defined in section 1 of P.L.1953, c.212 (C.30:11A-1) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 to 26:2H-26); or a dementia care home as defined in section 17 of P.L.2015, c.125 (C.26:2H-148). b. "Owner" means the holder or holders of the title in fee simple to the property on which the home is located. c. "Licensee" means the holder or holders of a license to operate a boarding or nursing home pursuant to chapter 11 of Title 30 of the Revised Statutes, P.L.1953, c.212 (C.30:11A-1 to 30:11A-14) or P.L.1971, c.136 (C.26:2H-1 to 26:2H-26). d. "Department" means the State Department of Health. L.1977, c.238, s.2; amended 1979, c.496, s.24; 2015, c.125, s.7.
NJ Rev Stat § 26:2H-38 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-38 - Remedy of condition of home in substantial violation of standards of health, safety or resident care; action to appoint receiver; parties

26:2H-38. Remedy of condition of home in substantial violation of standards of health, safety or resident care; action to appoint receiver; parties  A proceeding by the State Department of Health, or any other State governmental agency having an interest in the matter, a resident or residents or the guardian of a resident of a boarding or nursing home for a judgment directing the appointment of a receiver for the purposes of remedying a condition or conditions of a home in substantial violation of the standards of health, safety or resident care established under Federal or State law or regulations or of remedying a pattern and practice of habitual violations of the standards of health, safety or resident care established under Federal or State law or regulations may be maintained in a court of competent jurisdiction. If the action is not brought by the department, a copy of the complaint shall be served upon it. L.1977, c. 238, s. 3, eff. Sept. 29, 1977.
NJ Rev Stat § 26:2H-39 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-39 - Complaint; contents

26:2H-39. Complaint; contents  The complaint shall: a. (1) Set forth material facts showing that there exists in the boarding or nursing home a condition or conditions in substantial violation of the standards of health, safety or resident care established under Federal or State law or regulations or any other conditions dangerous to life, health or safety or (2) that there exists in the boarding or nursing home a pattern and practice of habitual violation of the standards of health, safety or patient care established under Federal or State law or regulations. b. Set forth that the facts set forth in subsection a. of this section have been brought to the attention of the owner and licensee of the home and that the condition or conditions have not been remedied within a reasonable period of time or that the condition or conditions although periodically remedied habitually exists in the home as pattern and practice. c. Set forth a brief description of what is necessary to remedy the condition and an estimate of the cost thereof. d. State the relief sought. L.1977, c. 238, s. 4, eff. Sept. 29, 1977.
NJ Rev Stat § 26:2H-40 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-40 - Defenses

26:2H-40. Defenses  It shall be a sufficient defense to the proceeding if the owner or licensee establishes that the condition or conditions alleged in the complaint do not in fact exist or that such condition or conditions have been removed or remedied or that such condition or conditions, although periodically remedied, have not habitually existed as pattern and practice. L.1977, c. 238, s. 5, eff. Sept. 29, 1977.
NJ Rev Stat § 26:2H-41 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-41 - Nursing home violations

26:2H-41. Nursing home violations  The court shall proceed in a summary manner and shall render a judgment either:  a. Dismissing the complaint for failure to affirmatively establish the allegations thereof or because of the affirmative establishment by the owner or licensee of a defense specified in this act; or  b. Ordering the appointment of a receiver approved by the department in accordance with the provisions of this act; or  c. Granting such other and further relief as the court deems just and proper. Upon the request of the department, if a receiver has been appointed the relief may include a requirement that the owner transfer his ownership interest to an entity approved by the department.  L. 1977, c. 238, s. 6, eff. Sept. 29, 1977. Amended by L. 1986, c. 132, s. 1, eff. Oct. 20, 1986.
NJ Rev Stat § 26:2H-42 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-42 - Receivership authorized

26:2H-42. Receivership authorized  a. The court is authorized and empowered to appoint as a receiver any responsible person or persons approved by the department, except that no owner, licensee or administrator of the home shall be appointed as receiver.  b. The receiver, in his discretion, may either (1) assume the role of administrator or manager and take control of all day-to-day operations, or (2) direct the administrator or manager on actions and procedure to be taken to eliminate or rectify the conditions specified in the complaint.  c. With the approval of the court the receiver shall have any or all of the following powers:  (1) To hire any consultants or to undertake any studies of the home he deems appropriate.  (2) To make any repairs, improvements or expenditures to eliminate the conditions specified in the complaint and to direct the method or procedures by which this shall be accomplished.  (3) To hire or discharge any employees including the administrator or manager.  (4) To receive or expend in a reasonable and prudent manner the revenues of the home due on the date of the entry of such judgment and to become due under such judgment.  (5) To continue the business of the home and the care of the residents of the home in all its aspects.  (6) To do all acts necessary or appropriate to conserve the property and promote the health, safety or resident care of the residents in the home.  (7) To exercise such other powers as he deems necessary or appropriate to implement the court order.  d. No provision in this section shall limit the right of any owner upon the approval of the department to sell or mortgage any home subject to receivership under this act.  L. 1977, c. 238, s. 7, eff. Sept. 29, 1977. Amended by L. 1986, c. 132, s. 2, eff. Oct. 20, 1986.
NJ Rev Stat § 26:2H-42.1 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-42.1 - Identification of nursing homes in financial distress, risk of bankruptcy.

26:2H-42.1 Identification of nursing homes in financial distress, risk of bankruptcy.  5. The Department of Health shall as necessary, with assistance from the Department of Human Services, identify nursing homes that may be in acute financial distress or at risk of filing for bankruptcy protection by requiring each nursing home to report, within five business days, any default in the punctual payment when due of any: debt service payment where the debt is secured by real estate or assets of the nursing home; rent payment; payroll; or payroll tax obligation. The department may, as appropriate: a. provide, at the nursing home's expense, or direct such nursing home to management support services and resources, as well as any other supports as may be necessary and appropriate to avoid bankruptcy proceedings or cessation of operations;  b. if the nursing homes does not take sufficient and timely action to avoid an impending bankruptcy or closure, and if the department finds the bankruptcy or closure would have a significant adverse effect on the health, safety, and welfare of the residents of the nursing home or would leave the area in which the nursing home is located lacking sufficient nursing home services after assessing the need for and availability of other nursing home services in the area, initiate proceedings in a court of competent jurisdiction for the appointment of a receiver for the nursing home, which receiver shall have the powers and authorities conferred by the order of receivership, which may include, but shall not be limited to, the authority to: (1) hire any consultants or to undertake any studies of the nursing home the receiver deems appropriate; (2) make any repairs or improvements as are necessary to ensure the safety of nursing home residents and staff; (3) hire or discharge any employees, including the administrator or manager of the nursing home; (4) receive or expend in a reasonable and prudent manner the revenues of the nursing home due on the date of the entry of the order of receivership and to become due under such order; (5) continue the business of the nursing home and the care of the residents of the nursing home in all its aspects; (6) do all acts necessary or appropriate to conserve the property and promote the health, safety, and welfare of the residents of the nursing home; and (7) exercise such other powers as the receiver deems necessary or appropriate to implement the court order; and  c. Take such other steps and actions as may be available to ensure continuity of care for, and the safety of, residents of the nursing home. L.2021, c.95, s.5.
NJ Rev Stat § 26:2H-43 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-43 - Order to remove or remedy conditions in lieu of judgment; bond; failure to comply; hearing; judgment

26:2H-43. Order to remove or remedy conditions in lieu of judgment; bond; failure to comply; hearing; judgment  a. If, after a trial, the court shall determine that the evidence warrants the granting of the relief sought and if the owner or licensee of the home shall apply to the court to be permitted to remove or remedy the conditions specified in the complaint and shall demonstrate the ability to promptly undertake and complete the work required, then the court, in lieu of rendering judgment as provided in this act, may issue an order permitting such person to perform the work in accordance with a time schedule and subject to such conditions, including the posting of a bond as security for the performance of the work, as may be fixed by the court. b. If, after the issuance of an order pursuant to subsection a. of this section, it shall appear that the person permitted to do the same is not proceeding in accordance with the time schedule or in accordance with the conditions imposed by the court, the plaintiff may apply to the court on notice to those persons who have appeared in the proceeding for a hearing to determine whether judgment should be rendered immediately as provided in subsection c. of this section. c. If, upon a hearing authorized in subsection b. hereof, the court shall determine the owner or licensee is not proceeding in accordance with the time schedule or with the conditions imposed by the court, the court shall issue a final judgment appointing a receiver as authorized in the act. If the person has posted a bond to secure completion of the work, the security or such part of the security as is necessary may be used by the receiver to remedy the conditions. L.1977, c. 238, s. 8, eff. Sept. 29, 1977.
NJ Rev Stat § 26:2H-44 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-44 - Reports and accounts of receiver; filing; inspection; presentation or settlement of accounts

26:2H-44. Reports and accounts of receiver; filing; inspection; presentation or settlement of accounts  The court shall require the filing, at periodic intervals, of reports of action taken by the receiver and of accounts itemizing the revenues and expenditures. The reports shall be open to inspection to all parties to the case. Upon motion of the court or the receiver or of the owner, or licensee, the court may require a presentation or settlement of the accounts. Notice of a motion for presentation or settlement of such accounts shall be served on the owner, licensee and any party of record who appeared in the proceeding and any party in interest in such revenues and expenditures. L.1977, c. 238, s. 9, eff. Sept. 29, 1977.
NJ Rev Stat § 26:2H-45 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-45 - Termination of receivership

26:2H-45. Termination of receivership  The receiver, owner or licensee may make a motion to terminate the receivership on grounds that the conditions complained of have been eliminated or remedied. The court may immediately terminate the receivership, or terminate the receivership subject to such terms as the court feels necessary or appropriate to prevent the condition or conditions complained of from recurring. L.1977, c. 238, s. 10, eff. Sept. 29, 1977.
NJ Rev Stat § 26:2H-46 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-46 - Receiver; compensation; bond

26:2H-46. Receiver; compensation; bond  The court shall allow from the revenues of the home a reasonable amount of compensation for the expenditures and services of a receiver appointed under the provisions of this act. The receiver so appointed may be required to furnish a bond, the amount and form of which shall be approved by the court. The cost of such bond shall be paid for by the home. L.1977, c. 238, s. 11, eff. Sept. 29, 1977.
NJ Rev Stat § 26:2H-47 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-47 - Skilled or intermediate care nursing facility; assistance to residents in application for financial assistance

26:2H-47. Skilled or intermediate care nursing facility; assistance to residents in application for financial assistance  Every skilled or intermediate care nursing facility in this State shall assist its residents in applying to establish eligibility for medical assistance or other payment mechanisms when their self-pay, private insurance, or medicare capability in respect of payment for nursing home facility care, may become sufficiently depleted to necessitate discharge. L.1977, c. 387, s. 1.
NJ Rev Stat § 26:2H-47.1 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-47.1 - Notification of fund exhaustion

26:2H-47.1. Notification of fund exhaustion  In order to facilitate the provision of assistance to certain residents by skilled or intermediate care nursing facilities in obtaining medical assistance or other payment mechanisms for nursing home facility care pursuant to sections 1 and 2 of P.L. 1977, c. 387 (C. 26:2H-47 and 26:2H-48), the fiduciary of any resident, 65 years of age or older, for whom the fiduciary expends funds for the nursing home facility care of the resident shall, at least 90 days before those funds are exhausted, notify in writing the resident, the nursing facility to whom the funds are paid, the resident's next of kin and any other person or agency interested in the resident's welfare, of the impending exhaustion of those funds.  L. 1985, c. 18, s. 1, eff. Jan. 25, 1985.
NJ Rev Stat § 26:2H-48 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-48 - Assessment of availability of financial assistance

26:2H-48. Assessment of availability of financial assistance  To facilitate the offering of such assistance, each such facility shall make an assessment of the extensiveness of the self-pay, private insurance, or medicare capability of each resident no later than 1 week after admission to the facility and on a periodic basis thereafter, provided, however, that no such assessment is made against a resident's will. L.1977, c. 387, s. 2.
NJ Rev Stat § 26:2H-49 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-49 - Assistance to residents to obtain medically necessary post-discharge care

26:2H-49. Assistance to residents to obtain medically necessary post-discharge care  Each such facility shall also assist its residents in obtaining medically necessary post-discharge care, which shall include, but need not be limited to: home health and health-related services; medical day care services; or residential care services in another nursing facility or other similar licensed facility located in the vicinity of the facility from which discharge is made. L.1977, c. 387, s. 3.
NJ Rev Stat § 26:2H-50 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-50 - Duties of state department of health

26:2H-50. Duties of state department of health  The State Department of Health shall monitor the implementation of the provisions of this act and shall, in consultation with the Department of Institutions and Agencies, assist skilled or intermediate care nursing facilities to identify sources of payment and care for residents by maintaining a current inventory of such resources available in the State. L.1977, c. 387, s. 4.