reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 1 - DEFINITIONS AND QUALIFICATIONS › Section 5:27A-1.5 - Qualifications of direct care staff

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				exercise good faith and due diligence to ensure that staff providing direct care and
				resident supervision to residents in the facility:
1. Are in good physical and mental health,
				emotionally stable, of good moral character, and are concerned for the safety and
				well-being of residents;
2. Have not
				been convicted of a crime relating adversely to the person's ability to provide
				resident care, such as homicide, assault, kidnapping, sexual offenses, robbery, and
				crimes against the family, children or incompetents, except where the applicant or
				employee with a criminal history has demonstrated his rehabilitation in order to
				qualify for employment at the facility; and
3. Are at least 18 years of age, have obtained
				working papers, or are supervised at all times by an employee who is at least 18
				years of age. At a minimum, one employee who is 18 years of age must be present in
				the facility at all times.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 5:27A-2.2 - Newly constructed, renovated, or expanded facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A construction
				project in a residential health care facility shall comply with the Uniform
				Construction Code, N.J.A.C. 5:23, and with the space requirements of N.J.A.C.
				5:27A-3 or 3A, as applicable.
(b) A copy
				of the certificate of occupancy issued by the local enforcing agency shall be
				submitted to the DCA, Division of Codes and Standards, Bureau of Rooming and
				Boarding House Standards, Post Office Box 804, Trenton, New Jersey 08625 ATTN:
				Residential Health Care Licensure Program, prior to the licensure or approval of
				newly constructed, renovated, or expanded residential health care
				facilities.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 5:27A-2.3 - Preliminary conference

Current through Register Vol. 56, No. 14, July 15, 2024
When a newly constructed facility is approximately 80 percent
				  complete or when an applicant's estimated date of opening is within 30 days, the
				  applicant shall schedule a preliminary conference with the DCA Residential Health
				  Care Licensure Program for review of the conditions for licensure and operation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 5:27A-2.4 - Surveys and license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the written
				application for licensure is approved, the fee for filing the application has been
				received, the preliminary conference has been completed, and the building is ready
				for occupancy pursuant to
N.J.A.C. 5:23
, the Uniform Construction
				Code, a survey of the facility by the Department's representatives of the
				Residential Health Care Evaluation Program shall be conducted, in order to determine
				if the facility adheres to the rules in this chapter.
1. The facility shall be notified in writing of
				the findings of the survey, including any deficiencies found.
2. The facility shall notify the Residential
				Health Care Evaluation Program of the Department when the deficiencies, if any, have
				been corrected, and the Residential Health Care Evaluation Program shall schedule
				one or more resurveys of the facility prior to occupancy.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 5:27A-2.5 - Surrender of license

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall notify each resident, the resident's
				  physician, and any guarantors of payment, the county welfare agency, the Office of
				  the Ombudsman, and the Supplemental Security Income (SSI) program, Region II Office,
				  if residents are SSI recipients, at least 30 days prior to the voluntary surrender
				  of a license, or as directed under an order of revocation, suspension, or refusal to
				  renew a license. In such cases, the license shall be returned to the DCA Residential
				  Health Care Licensure Program of the Department within seven working days after the
				  voluntary surrender, revocation, suspension, or non-renewal of the license.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 5:27A-2.6 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner or
				his or her designee may, in accordance with the general purposes and intent of
				26:2H-1 et seq., and amendments
				thereto, and this chapter, waive sections or parts of sections of these rules if, in
				his or her opinion, such waiver would not endanger the life, safety, or health of
				residents or the public.
(b) A facility
				seeking a waiver of these rules shall apply in writing to the Supervisor of
				Enforcement for the Residential Health Care Evaluation Program of the
				Department.
(c) A written request for
				waiver shall include the following:
1. The specific
				rule(s) or part(s) of the rule(s) for which a waiver is requested;
2. The reasons for requesting a waiver, including
				a statement of the type and degree of hardship that would result to the facility
				upon adherence;
3. An alternative
				proposal which would ensure resident safety; and
4. Documentation to support the request for
				waiver.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 5:27A-2.7 - Action against a license

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner or his or her designee may impose all
				  enforcement remedies set forth at N.J.A.C. 5:27A-18, for violations of licensure
				  regulations or other statutory requirements.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 5:27A-2.8 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department
				proposes to impose enforcement remedies or to revoke, suspend, deny or refuse to
				renew a license, the licensee or applicant may request a hearing which shall be
				conducted pursuant to the Administrative Procedure Act,
				52:14B-1 et seq. and 52:14F-1 et seq.
				and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(b) Prior to transmittal of any hearing request to
				the Office of Administrative Law, the Department may schedule a conference to
				attempt to settle the matter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 5:27A-2.9 - Special residential health care services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any existing or new
				residential health care facility proposing to establish a specialized program where
				the residents in such a program shall constitute a substantial proportion of its
				census shall submit a plan for provision of services appropriate to the needs of
				these residents. Such a plan shall be reviewed by the Department and approval shall
				be received prior to the initiation of such admissions and services. This
				requirement shall not apply to a facility which is serving residents with special
				needs (for example, mental illness or diabetes) as part of its normal admission and
				retention policies.
(b) The Department
				may impose operational standards derived from the plan submitted by the facility and
				from other licensure rules appropriate to this population as a condition on the
				issuance of a license. Such conditions shall be subject to the enforcement actions
				and procedures specified at N.J.A.C. 5:27A-18.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3 - PHYSICAL PLANT FOR NEW CONSTRUCTION, RENOVATIONS, AND ADDITIONS › Section 5:27A-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules set forth
				in this subchapter shall apply to new construction, and to renovations and additions
				that are subject to the rules of new construction pursuant to (c) below.
(b) New construction, additions, alterations, or
				renovations of residential health care facilities shall comply with the New Jersey
				Uniform Construction Code N.J.A.C. 5:23 (N.J.U.C.C.).
1. New construction shall comply with N.J.A.C.
				5:23-3.
2. Repairs, renovations,
				alterations, and reconstruction of existing residential health care facilities shall
				comply with N.J.A.C. 5:23-6, Rehabilitation Subcode.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3 - PHYSICAL PLANT FOR NEW CONSTRUCTION, RENOVATIONS, AND ADDITIONS › Section 5:27A-3.2 - Fire suppression systems

Current through Register Vol. 56, No. 14, July 15, 2024
In new construction, fire suppression systems shall be installed
				  in accordance with all applicable sections of N.J.A.C. 5:23 and 5:70.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3 - PHYSICAL PLANT FOR NEW CONSTRUCTION, RENOVATIONS, AND ADDITIONS › Section 5:27A-3.3 - Room sizes and features

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Resident bedroom
				size requirements shall be as follows:
1. Bedrooms
				for one resident shall have a minimum of 90 square feet of clear and usable floor
				area. "Clear and usable floor area" means space exclusive of toilet rooms, fixed
				closets, fixed wardrobes, alcoves, or vestibules.
2. Bedrooms occupied by more than one resident
				shall have a minimum of 70 square feet of clear and usable floor area per resident.
				There shall be three feet of clear space between beds and at the foot of each bed to
				ensure comfort and safety to residents. Space for storage of personal possessions
				and a non-folding arm chair shall be provided for each bed.
3. Each resident's personal living unit shall have
				direct access to corridors and toilet facilities without passing through the rooms
				of other residents, kitchen or dining areas, or other occupied rooms.
4. No more than four residents shall be housed in
				one bedroom.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3 - PHYSICAL PLANT FOR NEW CONSTRUCTION, RENOVATIONS, AND ADDITIONS › Section 5:27A-3.4 - Toilets, bathing facilities, and handwashing sinks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Toilets, bathing
				facilities, and handwashing sinks shall be available in the following minimum ratios
				(excluding bedrooms which have private facilities as part of the bed count and
				excluding facilities of family members and resident employees):
1. Toilets shall be provided so that each resident
				bedroom shall be adjacent to a toilet room, with no more than four residents served
				by this toilet.
2. Handwashing sinks
				shall be provided in every resident bedroom and in every toilet room except in
				private bedroom(s) where the handwashing sink in the bathroom is
				sufficient.
3. Tubs or showers shall be
				provided in a ratio of one per eight residents, with a minimum of one tub per 15
				residents, or at least one tub per resident sleeping floor.
4. On floors other than sleeping floors utilized
				by residents there shall be at least a toilet and a lavatory available and
				accessible from a common corridor.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3 - PHYSICAL PLANT FOR NEW CONSTRUCTION, RENOVATIONS, AND ADDITIONS › Section 5:27A-3.5 - Laundry equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each facility shall
				provide at least one non-commercial washer and dryer for residents' personal
				items.
(b) All dryers shall be vented to
				the outside of the building.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3 - PHYSICAL PLANT FOR NEW CONSTRUCTION, RENOVATIONS, AND ADDITIONS › Section 5:27A-3.6 - Sounding devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An intercom system
				with alarm shall be provided on every resident floor and shall ring at an area
				staffed 24 hours a day and also in the staff sleeping quarters.
(b) Self-locking doors at the main entrance and
				other entrances opening onto a roof or balcony shall be equipped with a sounding
				device such as bell, buzzer or chimes, which is in operating condition. The sounding
				device shall be affixed to the outside of the door or to the adjacent exterior wall,
				for use in the event that a person is unable to re-enter the building, and shall
				ring at an area staffed 24 hours a day and at staff sleeping quarters.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3 - PHYSICAL PLANT FOR NEW CONSTRUCTION, RENOVATIONS, AND ADDITIONS › Section 5:27A-3.7 - Building occupancy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility licensed
				as a residential health care facility shall not be used for any other purpose, with
				the following exception: the facility may be used for housing quarters of the owner,
				the administrator, or other staff members and their families, if prior approval by
				the Department is obtained, in accordance with
				5:27A-2.6(c).
(b) Resident occupancy shall be limited to floors
				at or above the grade level, with the following exceptions:
1. Basement occupancy may be permitted if no more
				than one-half the height of the room or rooms to be occupied is below grade level
				and if there are no other conditions which might jeopardize the health, safety or
				welfare of the resident;
2. Any resident
				who requires assistance from staff to ambulate stairs shall be housed on a floor
				with grade level access; and
3. If the
				building is of non-combustible construction, any resident with a walker, crutch(es)
				or leg brace(s) shall be assessed by a registered professional nurse before being
				placed on a floor other than a grade level floor in order to ensure that the
				resident is able to evacuate the building safely, and shall be reassessed at least
				on an annual basis to determine his or her ability to self-evacuate.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3A - PHYSICAL ENVIRONMENT FOR EXISTING RESIDENTIAL HEALTH CARE FACILITIES › Section 5:27A-3A.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules set forth in this subchapter shall apply to all
				  existing residential health care facilities. Physical environment standards for
				  existing licensed facilities shall be maintained, and existing facilities shall be
				  inspected according to licensing standards contained in this subchapter, and in
				  addition shall comply with the N.J. Uniform Fire Code, N.J.A.C. 5:70.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3A - PHYSICAL ENVIRONMENT FOR EXISTING RESIDENTIAL HEALTH CARE FACILITIES › Section 5:27A-3A.2 - Resident bedrooms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Sleeping rooms for
				one resident shall have a minimum of 70 square feet of clear and usable floor area.
				"Clear and usable floor area" means space exclusive of toilet rooms, fixed closets,
				fixed wardrobes, alcoves, or vestibules.
(b) Sleeping rooms occupied by more than one
				resident shall have a minimum of 50 square feet of clear floor area per resident.
				There shall be three feet of clear space between beds and at the foot of each bed to
				ensure comfort and safety to residents. Space for storage of personal possessions
				and a non-folding arm chair shall be provided for each bed.
(c) Notwithstanding the requirements set forth in
				(a) and (b) above, no existing residential health care facility shall be required to
				remove beds that were licensed on or before September 20, 1999 to achieve
				compliance.
(d) No more than four
				residents shall be housed in any one room, regardless of room size.
(e) Resident bedroom doors may be lockable by the
				occupant only from the corridor side (outside) by the use of a key. Egress from the
				room shall be possible at all times by turning the doorknob or pressing a lever.
				Duplicate keys to resident rooms which are locked shall be carried by designated
				staff at all times.
(f) Every mattress
				and box spring shall be encased in separate tear-proof covers that are fully sealed
				and free of rips, punctures, or openings of any kind.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3A - PHYSICAL ENVIRONMENT FOR EXISTING RESIDENTIAL HEALTH CARE FACILITIES › Section 5:27A-3A.3 - Toilets, bathing facilities, and handwashing sinks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On each floor
				utilized by residents for sleeping purposes there shall be toilet and bath
				facilities accessible from a common corridor. On other floors utilized by residents,
				there shall be at least a toilet and lavatory available and accessible from a common
				corridor.
(b) Toilets, bathing
				facilities, and handwashing sinks shall be available in the following minimum ratios
				(excluding bedrooms which have private facilities as part of the bed count and
				excluding facilities of family members and resident employees):
1. Toilets: One to eight residents;
2. Wash basins: One to eight residents;
3. Tub or showers: One to 15 residents.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3A - PHYSICAL ENVIRONMENT FOR EXISTING RESIDENTIAL HEALTH CARE FACILITIES › Section 5:27A-3A.4 - Living and recreation rooms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A living room or
				rooms shall be provided to ensure adequate seating for two-thirds of the licensed
				capacity of the facility. The living room(s) shall have ample space for
				socialization as well as other resident activities such as letter writing, card
				playing, radio, television, and reading.
(b) Facilities with a licensed capacity of 30 or
				more residents shall provide two or more separate living or recreation rooms.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3A - PHYSICAL ENVIRONMENT FOR EXISTING RESIDENTIAL HEALTH CARE FACILITIES › Section 5:27A-3A.5 - Dining room

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A dining room or
				rooms shall be provided which is of sufficient size and properly equipped to seat
				comfortably all residents at one sitting.
(b) The congregate or common dining room shall be
				a separate area and shall not be a part of any other room. This area may be used for
				the recreation activities of residents, exclusive of the time required for dining
				service.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3A - PHYSICAL ENVIRONMENT FOR EXISTING RESIDENTIAL HEALTH CARE FACILITIES › Section 5:27A-3A.6 - Storage space

Current through Register Vol. 56, No. 14, July 15, 2024
Sufficient and adequately lighted storage space shall be provided
				  in the facility for the proper storage of resident's clothing, linens, medications,
				  food, cleaning and other supplies.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3A - PHYSICAL ENVIRONMENT FOR EXISTING RESIDENTIAL HEALTH CARE FACILITIES › Section 5:27A-3A.7 - Lighting and electricity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A bedside light
				shall be available for each bed, in addition to one permanently installed outlet for
				each bed and ceiling lights or other fixtures suitable for lighting the entire
				room.
(b) The individual rooms used for
				sleeping purposes by residents shall have sufficient natural and artificial light.
				The total glass area of such rooms shall not be less than eight percent of the floor
				area.
(c) All rooms used by residents,
				except sleeping rooms, shall be lighted by natural or artificial light at all
				times.
(d) Emergency lights shall be
				available at all times for hallways, corridors and stairways. An automatic standby
				generator or self-charging battery emergency lights shall be employed.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3A - PHYSICAL ENVIRONMENT FOR EXISTING RESIDENTIAL HEALTH CARE FACILITIES › Section 5:27A-3A.8 - Kitchens

Current through Register Vol. 56, No. 14, July 15, 2024
Kitchen exhaust fans and metal ducts shall be kept free of grease
				  and dirt; metal ducts from such fans shall comply with all applicable provisions of
				  N.J.A.C. 5:23 and 5:70.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3A - PHYSICAL ENVIRONMENT FOR EXISTING RESIDENTIAL HEALTH CARE FACILITIES › Section 5:27A-3A.9 - Fire extinguisher specifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be a
				minimum of two fire extinguishers in the basement, at least one on each floor of the
				building, and as required in kitchen areas. All fire extinguishers shall bear the
				seal of the Underwriters Laboratories.
(b) The following types of fire extinguishers
				shall be provided:
1. In kitchen areas, because of
				danger of grease fires, extinguishers shall be of the Class B dry chemical type 2-B
				and a minimum of five pounds. The maximum travel distance to an extinguisher shall
				be 50 feet.
2. In the basement area,
				extinguisher shall be Class B dry chemical type 2-B and a minimum of five pounds, if
				oil or gas is used as fuel. The maximum travel distance to an extinguisher shall be
				50 feet.
3. In all other areas a Class A
				air-pressurized 2 1/2 gallon water type 2-A extinguisher shall be provided. The
				maximum travel distance to an extinguisher shall be 75 feet.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3A - PHYSICAL ENVIRONMENT FOR EXISTING RESIDENTIAL HEALTH CARE FACILITIES › Section 5:27A-3A.10 - Employees' sleeping rooms

Current through Register Vol. 56, No. 14, July 15, 2024
In any facilities where 24-hour awake coverage is not required,
				  the employees' sleeping rooms shall be equipped with a four-inch alarm bell or
				  alternate sounding device connected to the fire alarm system.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 3A - PHYSICAL ENVIRONMENT FOR EXISTING RESIDENTIAL HEALTH CARE FACILITIES › Section 5:27A-3A.11 - Ventilation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All rooms used by
				residents, including bathrooms, toilets, kitchen and storage areas, shall be
				adequately ventilated by either natural or mechanical means.
(b) The total ventilation area of a room used by
				residents shall be not less than four percent of the floor area.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.1 - Minimum services and staffing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each residential
				health care facility shall provide at a minimum personal care, health maintenance
				and monitoring, pharmacy, dietary, and recreational services in a homelike
				environment.
(b) The facility shall
				provide at all times at least one employee who is at least 18 years of age in each
				building or structure occupied by residents, in order to provide necessary resident
				supervision, as follows:
1. In residential health
				care facilities with 24 or more residents, the facility shall provide sufficient
				staff for resident supervision 24 hours per day by an employee who is awake on the
				premises.
2. In residential health care
				facilities with fewer than 24 licensed beds, the facility shall provide sufficient
				staff for resident supervision. During the normal sleeping hours of residents
				(generally 10:00 P.M. to 6:00 A.M.), inactive resident supervision shall be provided
				by an employee who is on duty and available on the premises to provide care and
				services, but not necessarily awake.
3.
				Direct care staff who are less than 18 years of age shall be supervised at all
				times.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.2 - Ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The ownership of the
				facility and the property on which it is located shall be disclosed to the
				Department.
(b) No facility shall be
				owned or operated by any person convicted of a crime relating adversely to that
				person's capability of owning or operating the facility.
(c) The owner or governing authority of the
				facility shall assume legal responsibility for the management, operation, and
				financial viability of the facility.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.3 - Transfer of ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to
				transferring ownership of a facility, the prospective new owner shall submit an
				application to the DCA Residential Health Care Licensure Program. The application
				shall include the following items:
1. The transfer
				of ownership fee of $ 750.00, in accordance with
				5:27A-2.1(g);
2. A cover letter stating the applicant's intent
				to purchase the facility, and identification of the facility by name, address,
				county, and number and type of licensed beds;
3. A description of the proposed transaction,
				including identification of the current owners of the facility; identification of
				100 percent of the proposed new owners, including the names and addresses of all
				principals (that is, individuals and/or entities with a 10 percent or more
				interest); and, if applicable, a copy of an organizational chart, including parent
				corporations and wholly owned subsidiaries;
4. A copy of the agreement of sale and, if
				applicable, a copy of any lease and/or management agreements; and
5. Disclosure of any licensed health care
				facilities owned, operated, or managed in New Jersey or any other states. If
				facilities are owned in other states, letters from the regulatory agencies in each
				respective state, verifying that the facilities have operated in substantial
				compliance during the last 12-month period and have had no enforcement actions
				imposed during that period of time, must be included in the application.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.4 - Submission and availability of documents

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall, upon request, submit in writing any documents
				  which are required by this chapter or requested by the Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.5 - Personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				develop written job descriptions and shall ensure that personnel are assigned duties
				based upon their education, training, and competencies and in accordance with their
				job descriptions.
(b) All personnel who
				require licensure, certification, or authorization to provide resident care shall be
				licensed, certified, or authorized under the appropriate laws and/or rules of the
				State of New Jersey.
(c) The facility
				shall maintain and implement written staffing schedules. Actual hours worked by each
				employee shall be documented.
(d) The
				facility shall develop and implement a staff orientation and a staff education plan,
				including plans for each service and designation of person(s) responsible for
				training. All personnel shall receive orientation at the time of employment and at
				least annual in-service education regarding, at a minimum, emergency plans and
				procedures and the infection prevention and control program.
(e) The staffing ratios of this chapter are the
				minimum only and the residential health care facility shall employ staff in
				sufficient number and with sufficient ability and training to provide the basic care
				and resident supervision required in this chapter.
(f) The facility shall have a policy regarding
				personnel with a reportable communicable disease, infection or exposure to
				infection, specifying that such an employee shall be excluded from the residential
				health care facility until that employee has received a physical examination and
				certification that the condition will not endanger the health of residents or other
				employees.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.6 - Policy and procedure manual

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A policy and
				procedure manual(s) for the organization and operation of the facility shall be
				developed, implemented, and reviewed at intervals specified in the manual(s). Each
				review of the manual(s) shall be documented, and the manual(s) shall be available in
				the facility to representatives of the Department at all times. The manual(s) shall
				include at least the following:
1. An
				organizational chart delineating the lines of authority, responsibility, and
				accountability for the administration and resident care services of the
				facility;
2. A description of the
				services provided;
3. Specification of
				business hours and visiting hours;
4.
				Policies and procedures for reporting all diagnosed and/or suspected cases of
				resident abuse or exploitation, as follows:
i. All
				county welfare agencies shall be notified, in accordance with
				55:13B-1 et seq., The Rooming and
				Boarding Act of 1979, as amended; and
ii. In accordance with
				52:27G-7.1 et seq., if the resident is
				60 years of age or older, the State of New Jersey Office of the Ombudsman for the
				Institutionalized Elderly shall also be notified, at 1-877-582-6995;
5. Policies and procedures for
				maintaining confidentiality of resident records, including policies and procedures
				for examination of resident records by the resident and other authorized persons and
				for release of the resident's records to any individual outside the facility, as
				consented to by the resident or as required by law or third party payor;
6. Policies and procedures for the maintenance and
				confidentiality of personnel records for each employee, including at least the
				employee's name, previous employment, educational background, credentials, license
				number with effective date and date of expiration (if applicable), certification (if
				applicable), verification of credentials, prior criminal records, records of
				physical examinations, job description, and evaluations of job performance;
				and
7. Policies and procedures,
				including content and frequency, for physical examinations upon employment and
				subsequently for employees and persons providing direct resident care services in
				the facility through contractual arrangements or written agreement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.7 - Resident transportation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				ensure that resident transportation shall be provided, either directly or by
				arrangement, which may include an arrangement with a family member or other
				responsible person, to and from health care services provided outside the facility.
				The facility shall have policies and procedures governing the facility's
				responsibility for the resident and his or her personal possessions, as well as the
				transfer of resident information to and from the provider of the service.
(b) The facility shall assist the resident in
				arranging for transportation to activities of social, religious, and community
				groups in which the resident chooses to participate.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.8 - Written agreements

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall have a written agreement or its equivalent, or
				  a linkage, for services not provided directly by the facility. If the facility
				  provides care to residents with psychiatric disorders, the facility shall also have
				  a written agreement with one or more community mental health centers specifying
				  which services will be provided by the mental health center. The written agreements
				  shall require that services be provided in accordance with this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.9 - Reportable events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				notify the Department immediately by telephone at (609) 633-6251 followed within 72
				hours by written confirmation of the following:
1.
				Termination of employment of the administrator, and the name and qualifications of
				his or her replacement;
2. All residents
				who are missing for 24 hours; and
3. All
				suspected cases of resident abuse or exploitation that have been reported to the
				State of New Jersey Office of the Ombudsman for the Institutionalized Elderly and/or
				to the county welfare agencies.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.10 - Notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				conspicuously post a notice that the following information is available in the
				facility during normal business hours, to residents and the public:
1. All waivers granted by the
				Department;
2. A list of deficiencies
				from the last annual licensure inspection survey report and the list of deficiencies
				from any valid complaint investigation during the past 12 months;
3. Policies and procedures regarding resident
				rights;
4. Visiting hours (including at
				least the time between the hours of 8:00 A.M. and 8:00 P.M. daily) and business
				hours of the facility, including the policies of the facility regarding limitations
				and activities during these times;
5.
				The toll-free hot line number of the Department, telephone numbers of county
				agencies and of the State of New Jersey Office of the Ombudsman; and
6. The names of, and a means to formally contact,
				the owner and/or members of the governing authority.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.11 - Maintenance of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				maintain an annual chronological listing of residents admitted and discharged,
				including the destination of residents who are discharged.
(b) Statistical data, such as resident census and
				facility characteristics, shall be forwarded on request, in a format provided by the
				Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.13 - Involuntary discharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Written notification
				by the administrator or the administrator's designee shall be provided to a resident
				and/or his or her family, guardian, designated responsible person, and county
				welfare agencies of a decision to involuntarily discharge the resident from the
				facility. Such involuntary discharge shall only be upon grounds contained in the
				facility's policies and procedures and shall occur only if the resident has been
				notified and informed of such policies in advance of admission. The notice of
				discharge shall be given at least 30 days in advance of the involuntary discharge
				and shall include the reason for discharge. A copy of the notice shall be entered in
				the resident's record. If a change in the facility's policies and procedures has
				occurred subsequent to admission, the facility shall have documented evidence that
				the resident(s) has been informed of such change.
(b) The resident shall have the right to appeal to
				the administrator any involuntary discharge from the facility. The appeal shall be
				in writing and a copy shall be included in the resident's record with the
				disposition or resolution of the appeal. The resident shall have the right to retain
				legal counsel to appeal.
(c) In an
				emergency situation, as stated in
				5:27A-4.12(e), for the
				protection of the life and safety of the resident or others, the facility may
				discharge the resident without 30 days notice. The Department and county welfare
				agencies shall be notified in the event of such discharge.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.14 - Notification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The resident's
				family, guardian, and/or responsible person or community agency, the county welfare
				agency and any other agency in which the client is a participating program member or
				under treatment, shall be notified, promptly after the occurrence, in the event of
				the following:
1. Any significant change in the
				resident's physical or mental status;
2.
				Any serious accident, criminal act or incident occurs which involves the resident
				and results in serious harm or injury or results in the resident's arrest or
				detention;
3. The transfer of the
				resident from the facility; or
4. The
				death of the resident
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.15 - Policies and procedures for dispute resolution; forum for discussion of advance directives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				establish procedures for considering disputes among the resident, health care
				representative and the attending physician concerning the resident's decision-making
				capacity or the appropriate interpretation and application of the terms of an
				advance directive to the resident's course of treatment. The procedures may include
				consultation with an institutional ethics committee, a regional ethics committee or
				another type of affiliated ethics committee, or with any individual or individuals
				who are qualified by their background and/or experience to make clinical and ethical
				judgments.
(b) The facility's policies
				shall establish a process for residents, families, and staff to discuss and address
				questions and concerns relating to advance directives and decisions to accept or
				refuse medical treatment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 4 - GENERAL REQUIREMENTS › Section 5:27A-4.17 - Interpretation services

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall demonstrate the ability to provide a means to
				  communicate with any resident admitted who is non-English-speaking and/or has a
				  communication disability, using available community services.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 5 - ADMINISTRATION › Section 5:27A-5.1 - Appointment of administrator

Current through Register Vol. 56, No. 14, July 15, 2024
An administrator shall be appointed and an alternate shall be
				  designated in writing to act in the absence of the administrator. The administrator
				  or a designated alternate shall be available on the premises of the facility at all
				  times and shall have access to all survey related records and policies.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 5 - ADMINISTRATION › Section 5:27A-5.2 - Administrator's responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator
				shall be responsible for, but not limited to, the following:
1. Ensuring the development, implementation, and
				enforcement of all policies and procedures, including resident rights;
2. Planning for, and administration of, the
				managerial, operational, fiscal, and reporting components of the facility;
3. Ensuring that all personnel are assigned duties
				based upon their ability and competency to perform the job and in accordance with
				job descriptions;
4. Ensuring the
				provision of staff orientation and staff education; and
5. Establishing and maintaining liaison
				relationships and communication with facility staff and services and with residents
				and their families.