reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 6 - PHARMACY SERVICES › Section 8:37-6.1 - Supervision of self-administration of medication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When necessary for the health, safety, or
				welfare of a resident, a designated dementia care home employee shall provide the
				resident with supervision of self-administration of medications.
1. A resident's need for supervision of
				self-administration of medications shall be determined by the resident's physician
				and documented in the physician certification and/or recertification required under
				N.J.A.C. 8:37-4.1(a).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 6 - PHARMACY SERVICES › Section 8:37-6.2 - Administration of medication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Medication may
				only be administered by a health care professional who is acting within the scope of
				his or her license.
1. Facilities employing
				certified medication aides to administer medications to residents shall comply with
				the requirements at
				N.J.A.C.
				8:36-11.5.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 6 - PHARMACY SERVICES › Section 8:37-6.3 - Storage of medications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee
				shall provide an appropriate and safe medication storage area in a common area for
				all resident medications.
1. Resident medications
				shall not be stored or kept in individual resident rooms.
2. The storage area requirement may be satisfied
				through the use of a locked medication cart.
3. The storage area shall be kept locked when not
				in use.
4. The storage area shall be
				used only for storage of medications and medical supplies.
5. The key to the storage area shall be kept on
				the person of the employee on duty who is responsible for medication
				supervision.
6. Each resident's
				medications shall be kept separated within the storage area, with the exception of
				large volume medications which may be labeled and stored together in the storage
				area.
7. Medications shall be stored in
				accordance with manufacturer's instructions and with United States Pharmacopoeia
				(USP) requirements at USP 39, NF 34, published by U.S. Pharmacopoeia Convention,
				12601 Twinbrook Parkway, Rockville, MD 20852,
www.usp.org
, incorporated herein by reference, as amended
				and supplemented.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.1 - Water supply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The water supply
				used for drinking or culinary purposes shall be adequate in quantity, of a safe and
				sanitary quality, and from a water system that is constructed, protected, operated,
				and maintained in conformance with the New Jersey Safe Drinking Water Act,
N.J.S.A. 58:12A-1
et seq., the
				New Jersey Department of Environmental Protection's Safe Drinking Water Act rules,
N.J.A.C. 7:10
, and local laws, ordinances, and
				regulations.
(b) Every facility shall
				have hot water heating systems that are installed and maintained in good and safe
				working condition, connected to the hot water lines required under the provisions of
N.J.A.C.
				8:37-7.2(e)
, and capable
				of delivering water at a minimum temperature of not less than 105 degrees Fahrenheit
				and at a maximum temperature of not more than 120 degrees Fahrenheit at all times in
				accordance with anticipated needs.
(c)
				Equipment requiring drainage, such as ice machines, shall drain to a sanitary
				connection, in accordance with the International Mechanical Code, 2015 Edition,
				incorporated herein by reference, as amended and supplemented, and local codes.
1. Copies of the International Mechanical Code are
				available from: International Code Council at 1-800-786-4452 or on the Internet at
http://www.iccsafe.org/
.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.2 - Physical plant requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				facility shall contain a kitchen sink of nonabsorbent impervious material.
(b) Every facility shall provide a minimum of one
				flush-type water closet, lavatory, and a bathtub or shower for every four persons,
				or part thereof.
(c) Every water closet,
				lavatory, and bathtub or shower shall be accessible from within the facility without
				passing through any part of any other rooming unit and shall be located on the same
				floor as the rooming units to be served.
1. Such
				water closet, lavatory, and bathtub or shower shall be contained in a room or rooms
				that are separated from all other rooms by walls, doors, or partitions that afford
				privacy.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.3 - Waste removal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All solid or liquid
				waste, garbage, and trash shall be collected, stored, and disposed of in accordance
				with the rules of the New Jersey Department of Environmental Protection and this
				chapter.
1. Solid waste that is stored within the
				building shall be stored in insect-proof, rodent-proof, fireproof, nonabsorbent,
				watertight containers with tightfitting covers and collected from storage areas
				regularly, so as to prevent nuisances, such as odors.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.4 - Lighting and electrical service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				habitable room shall have at least one window or skylight facing directly to the
				outdoors.
1. The minimum total window or skylight
				area measured between stops, for every habitable room shall be eight percent of the
				floor area of such room.
2. Whenever
				walls or other portions of structures face a window of any habitable room and are
				located less than three feet from the window and extend to a level above that of the
				ceiling of the room, such a window shall not be included in calculating the required
				minimum total window area.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.5 - Ventilation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Means of ventilation
				by either easily operable windows or by mechanical ventilation shall be provided for
				in every habitable room and in every bathroom and water closet compartment in
				accordance with the Uniform Construction Code,
N.J.A.C. 5:23
.
1. Windows shall have an openable area of no more
				than six inches.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.6 - Heating and air conditioning

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The heating
				and air conditioning system shall be adequate to maintain the required temperature
				in all areas used by residents. Residents may have individually controlled
				thermostats in residential units in order to maintain temperatures at their own
				comfort level.
1. During the heating season, the
				temperature in the facility shall be kept at a minimum of 72 degrees Fahrenheit (22
				degrees Celsius) during the day ("day" means the time between sunrise and sunset)
				and 68 degrees Fahrenheit (20 degrees Celsius) at night, when residents are in the
				facility.
2. Neither the facility nor
				its residents shall utilize portable heaters.
3. During warm weather conditions, the temperature
				within the facility shall not exceed 82 degrees Fahrenheit.
i. The facility shall provide for and operate
				adequate ventilation in all areas used by residents.
ii. All areas of the facility used by residents
				shall be equipped with air conditioning and the air conditioning shall be operated,
				so that the temperature in these areas does not exceed 82 degrees
				Fahrenheit.
4. Residents who
				can regulate temperature controls in their residential units may, by choice, exceed
				82 degrees Fahrenheit.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.7 - Maintenance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every foundation,
				floor, wall, ceiling, door, window, roof, and other part of a facility shall be kept
				in good repair and capable of the use intended by its design, and any exterior part
				or parts thereof subject to corrosion or deterioration shall be kept well
				painted.
(b) Every inside and outside
				stairway, every porch, and every appurtenance thereto shall be constructed, so as to
				be safe to use and capable of supporting the load that normal use may cause to be
				placed thereon, and shall be kept in sound condition and good repair.
1. Every stairway having three or more steps shall
				be properly banistered and safely balustraded.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.8 - Use and occupancy of space

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every facility shall
				contain at least 150 square feet of floor space for the first occupant thereof and
				at least 100 additional square feet of floor space for every additional occupant
				thereof, the floor space to be calculated on the basis of total habitable room
				area.
(b) Every rooming unit occupied
				for sleeping purposes by one occupant shall contain at least 80 square feet of floor
				space, and every room occupied for sleeping purposes by more than one occupant shall
				contain at least 60 square feet of floor space for each occupant.
(c) At least one-half of the floor area of every
				habitable room shall have a ceiling height of at least seven feet.
1. The floor area of that part of any room where
				the ceiling height is less than five feet shall not be considered as part of the
				floor area in computing the total floor area of the room for the purpose of
				determining the maximum permissible occupancy thereof.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.9 - Control of access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every exterior door
				shall be equipped with a lock.
(b) Every
				resident of every dementia care home shall be provided with a key, if applicable, to
				his or her rooming unit door, free of charge.
1.
				Replacement keys, when required, may be provided at cost.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.10 - Building safety requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				facilities shall have the following:
1. On each
				floor above the ground floor to which one or more residents have access, a
				designated area that such persons may be brought where they may reasonably be
				expected to be safe, pending their evacuation in an emergency situation.
i. No facility shall be permitted to have more
				than four residents that cannot physically self-evacuate, unless the staffing is
				increased to a ratio of one staff member per two residents that cannot
				self-evacuate; and
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.11 - Bedrooms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each resident shall
				be provided with a comfortable bed of adequate size and with sufficient blankets and
				other bedding of standard quality.
(b)
				Only spaces unobstructed by doors, windows, and radiators shall be used for
				placement of beds.
(c) No person shall
				be housed in the same bedroom as another person not related by blood or marriage,
				except by mutual consent, provided that a provision for general consent to sharing
				of a bedroom may be included in an admission agreement.
(d) Each resident shall be provided with
				sufficient dresser and closet space within the bedroom for the storage of his or her
				clothing and other personal articles.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.12 - Living and dining rooms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least one living
				room shall be provided for use by residents.
1.
				Such living room(s) shall contain comfortable chairs sufficient to provide seating
				for at least two-thirds of the facility's maximum licensed resident capacity at any
				one time.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.13 - Outdoor facilities and recreation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In every
				facility having a lawn, deck, or porch or other outdoor area suitable for use by
				residents, sufficient chairs shall be available to accommodate as many residents as
				can comfortably be seated there.
(b)
				Where feasible in a facility, recreational equipment suitable for use by the
				residents shall be provided.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.14 - Carbon monoxide alarms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Carbon monoxide
				alarms shall be installed and maintained in full operating condition in the
				following locations:
1. Single station carbon
				monoxide alarms shall be installed and maintained in the immediate vicinity of every
				sleeping room in buildings that contain a fuel-burning appliance or that have an
				attached garage.
2. As an alternative to
				the requirements in (a)1 above, carbon monoxide alarms may be installed in the
				locations specified in the Uniform Construction Code (N.J.A.C.
				5:23-3.20 ).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 7 - PHYSICAL PLANT › Section 8:37-7.15 - Smoke free air

Current through Register Vol. 56, No. 14, July 15, 2024
Dementia care homes that permit smoking on their grounds shall
				  comply with N.J.A.C. 8:6.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 8 - RESIDENT RECORDS › Section 8:37-8.1 - Resident records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be the duty
				of each licensee to maintain an orderly file with respect to each resident
				containing at least the following information:
1.
				Full name of resident;
2. Date of
				birth;
3. Last previous
				address;
4. Name and address of the
				persons and/or agencies, if any, responsible for referring the resident to the
				dementia care home and maintaining contact with him or her;
5. Name, address, and telephone number of personal
				physician, if any;
6. Name, address, and
				telephone number of next of kin, resident's representative, or other person
				interested in the resident's well-being;
7. Date of commencement of occupancy;
8. Last date of occupancy and reason for the
				resident leaving the facility;
9. Any
				complaints made by or about the resident, the date of such complaint, and action
				taken by the licensee in response to the complaint;
10. Certification and re-certifications issued by
				a physician stating that the resident is appropriate for a dementia care home and is
				free from communicable diseases;
i.
				Re-certifications shall be updated quarterly.
11. Copy of the resident admission agreement,
				signed by both the licensee and the resident or any responsible person;
12. Acknowledgement by the resident or the
				resident's responsible person that he or she has received a copy of the rules and
				regulations of the facility and agrees to abide by them;
13. A record of all property of the resident
				entrusted to the licensee, including, in the case of any resident receiving
				financial services, a ledger as required pursuant to
N.J.A.C.
				8:37-2.7
; and
14. Any other written agreement between the
				licensee and the resident.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 8 - RESIDENT RECORDS › Section 8:37-8.2 - Financial records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensee shall
				keep orderly and complete records of the source and amount of all funds received in
				connection with the operation of each dementia care home and the nature and amount
				of each expenditure made in connection therewith.
(b) All financial records maintained by any
				licensee in connection with any facility shall be made available by the licensee to
				the Department upon request of any duly authorized representative of the
				Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 8 - RESIDENT RECORDS › Section 8:37-8.3 - Record retention

Current through Register Vol. 56, No. 14, July 15, 2024
Records shall be retained and preserved in accordance with
				  N.J.S.A.
				  26:8-5 et seq.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 9 - DIETARY › Section 8:37-9.1 - Diet and menu

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every resident shall
				be provided with an appetizing, nutritionally adequate diet that is of good quality
				food, served at the proper temperature, correctly prepared, attractively and
				properly served in sufficient quantity, and in a form and texture that will meet his
				or her nutritional needs, taking into account his or her food preferences.
(b) The daily diet for each resident shall include
				servings from each of the following food groups in an amount that is nutritionally
				adequate in light of the resident's age, weight, and physical condition:
1. Milk or milk products;
2. Vegetables and fruits, including at least one
				serving per day of citrus fruit or juice;
3. Whole grain, enriched, or fortified bread or
				cereal; and
4. Meat, poultry, fish, and
				eggs.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 9 - DIETARY › Section 8:37-9.2 - Food service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each resident shall
				be served at least three well-balanced and appetizing meals per day on a regular
				schedule and at reasonable intervals.
(b) Food and beverages shall be available to
				residents in reasonable quantities for between-meal and evening snacks.
(c) Any modified diet prescribed by a physician
				shall be conscientiously followed.
(d)
				Adequate dishes, utensils, and napkins shall be provided.
1. Salt, pepper, and sugar and other condiments
				shall be provided, as appropriate and in suitable containers.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 9 - DIETARY › Section 8:37-9.3 - Food sanitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All food shall be
				clean, wholesome, and free from spoilage, adulteration, and contamination.
(b) Only pasteurized milk shall be used.
(c) All areas in which food is kept, prepared, or
				served and all utensils, dishes, glasses, pots, and equipment used in the
				preparation or serving of food shall be maintained in a sound and sanitary condition
				and free from any hazard to health.
(d)
				Refrigerators in which food is kept shall be maintained at a temperature of at least
				32 degrees Fahrenheit and not more than 45 degrees Fahrenheit.
1. Freezers and freezer compartments of
				refrigerators shall be maintained at a temperature of not more than 0 degrees
				Fahrenheit.
2. Refrigerators and
				freezers shall be cleaned and defrosted regularly.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 10 - SOCIAL ISOLATION PREVENTION › Section 8:37-10.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter sets
				forth rules and standards intended to ensure that dementia care homes take steps to
				prevent the social isolation of residents when in-person contact, communication, or
				activities are prohibited, restricted, or limited, as permitted by Federal and State
				statute, rule, or regulation.
(b) The
				purpose of this chapter is to codify the requirements at
				N.J.S.A.
				26:2H-12.97 et seq., which direct the Department
				to adopt emergency rules to address the prevention of social isolation for residents
				of dementia care homes.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 10 - SOCIAL ISOLATION PREVENTION › Section 8:37-10.2 - Policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility must
				adopt and implement written policies and procedures intended to prevent the social
				isolation of residents.
(b) These
				required policies and procedures must, at a minimum, address the following:
1. Providing technology to residents for the
				purpose of maintaining contact with individuals outside of the facility;
2. Ensuring that appropriately trained staff is
				available to assist residents in maintaining contact with individuals outside of the
				facility; and
3. Standards for acquiring
				the technology to implement the requirements at (b)1 above.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 10 - SOCIAL ISOLATION PREVENTION › Section 8:37-10.3 - Requirements for residents with disabilities that impede communication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The social isolation
				prevention policies and procedures adopted and implemented by each facility are to
				include protocols and procedures that provide for residents of the facility who have
				disabilities that impede their ability to communicate, to be given access to
				assistive and supportive technology, as may be necessary, to facilitate the
				residents' engagement in face-to-face or verbal/auditory-based contact,
				communications, and religious and recreational activities with other residents,
				family members, friends, and other external support systems, through electronic
				means, including, but not limited to, residents who are:
1. Blind;
2. Deaf;
3. Deaf-blind;
4. Diagnosed with Alzheimer's disease or other
				related dementias; or
5. Diagnosed with
				developmental disabilities.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 10 - SOCIAL ISOLATION PREVENTION › Section 8:37-10.4 - Acquisition of technology

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Facilities must
				develop and implement specific administrative policies and procedures, as may be
				necessary, to ensure that residents are able to engage in face-to-face or
				verbal/auditory-based contact, communications, and religious and recreational
				activities with other facility residents and with family members, friends, and
				external support systems, through electronic means. These policies and procedures
				must address the acquisition, maintenance, and replacement of:
1. Computers;
2. Videoconferencing equipment;
3. Distance-based communications
				technology;
4. Assistive and supportive
				technology and devices; and
5. Other
				technological equipment, accessories, and electronic licenses.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 10 - SOCIAL ISOLATION PREVENTION › Section 8:37-10.5 - Maintenance of technology

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Facilities must
				develop policies and procedures addressing the maintenance of the technology
				acquired pursuant to the requirements of this subchapter. These policies and
				procedures must address:
1. The use of
				environmental barriers and other controls when the equipment and devices are in use,
				especially in cases where the equipment or devices are likely to become contaminated
				with bodily substances, are touched frequently with gloved or ungloved hands, or are
				difficult to clean; and
2. The
				disinfecting of the equipment and devices and any environmental barriers or other
				physical controls used in association therewith after each use.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 10 - SOCIAL ISOLATION PREVENTION › Section 8:37-10.6 - Use of and training of residents in acquired technology

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Facilities must develop policies and
				procedures addressing a resident's:
1. Requisition
				of devices and equipment;
2. Timely
				provision of devices and equipment; and
3. Return of devices and equipment.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 10 - SOCIAL ISOLATION PREVENTION › Section 8:37-10.7 - Facility responsibility for training residents in use of equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each facility shall
				designate at least one member of the therapeutic recreation or activities
				department, or, if the facility does not have such a department, designate at least
				one senior staff member, as determined by the facility administrator, to train other
				appropriate facility employees to provide direct assistance to residents, upon
				request, and on an as-needed basis, as necessary, to ensure that each resident is
				able to successfully access and use of the technology, devices, and equipment
				acquired. These facility employees who are appropriate to be trained to assist
				residents include, but are not limited to:
1.
				Activities professionals;
2. Activities
				volunteers;
3. Social workers;
4. Occupational therapists; and
5. Therapy assistants.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 10 - SOCIAL ISOLATION PREVENTION › Section 8:37-10.8 - Resident assessments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall develop and implement policies and procedures to ensure that appropriate staff
				assess and regularly reassess the individual needs and preferences of facility
				residents with respect to the residents' participation in social interactions and
				religious and recreational activities.
1. These
				assessments and reassessments are to be documented in the resident's medical
				record.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 10 - SOCIAL ISOLATION PREVENTION › Section 8:37-10.9 - Individualized visitation plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility
				shall develop and implement policies and procedures to ensure that upon the request
				of a resident or a resident's family member or guardian, appropriate facility staff
				must develop an individualized visitation plan for the resident. The individualized
				visitation plan shall:
1. Identify the assessed
				needs and visitation preferences of the resident;
2. Identify the visitation preferences specified
				by the resident's family members, if any;
3. Address the need for a visitation schedule and
				establish a visitation schedule, if deemed to be appropriate;
4. Describe the location and modalities to be used
				in visitation; and
5. Describe the
				respective responsibilities of staff, visitors, and the resident when engaging in
				visitation pursuant to the individualized visitation plan.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 10 - SOCIAL ISOLATION PREVENTION › Section 8:37-10.10 - Funding

Current through Register Vol. 56, No. 14, July 15, 2024
Information on the process for facilities seeking to request
				  funding for communicative technologies and accessories necessary to comply with this
				  subchapter from civil monetary penalty (CMP) funds, as approved by the Federal
				  Centers for Medicare and Medicaid Services, is available on the Department's website
				  at:
http://www.nj.gov/health/healthfacilities/cmp/
.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 8:39-1.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				contains rules and standards intended to assure the high quality of care delivered
				in long-term care facilities, commonly known as nursing homes, throughout New
				Jersey. Components of quality of care addressed by these rules and standards include
				access to care, continuity of care, comprehensiveness of care, coordination of
				services, humaneness of treatment, conservatism in intervention, safety of the
				environment, professionalism of caregivers, and participation in useful
				studies.
(b) These rules and standards
				apply to each licensed long-term care facility. They are intended for use in State
				surveys of the facilities and any ensuing enforcement actions. They are also
				designed to be useful to consumers and providers as a mechanism for privately
				assessing the quality of care provided in any long-term care facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURE › Section 8:39-2.1 - Certificate of need

Current through Register Vol. 56, No. 14, July 15, 2024
(a) According to the Health Care Facilities
				Planning Act, P.L. 1971, c.136 and c.138,
				N.J.S.A.
				26:2H-1 et seq., and amendments thereto, a health
				care facility shall not be instituted, constructed, expanded, or licensed to operate
				except upon application for and receipt of a certificate of need issued by the
				Commissioner, in accordance with N.J.A.C. 8:33. Facilities exempt from certificate
				of need pursuant to law shall follow licensing procedures identified in
				N.J.A.C.
				8:39-2.2.
(b) Application forms for a certificate of need,
				CN-19, and instructions for completion are available:
1. At N.J.A.C. 8:33, Appendix B;
2. The Division of Certificate of Need and
				Licensing; and
3. On the Department's
				website at
https://www.nj.gov/health/forms/cn-19.pdf
.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURE › Section 8:39-2.2 - Application for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following
				acquisition of a certificate of need, or a determination that a certificate of need
				is not required, any person, organization, or corporation desiring to operate a
				facility shall make application to the Commissioner for a license on Appendix E,
				incorporated herein by reference which includes information regarding facility
				ownership, corporate officers and stockholders, and approval forms from local
				building, fire, health and zoning departments. A license application may be obtained
				from: Division of Certificate of Need and Licensing.
1. The LCS-9 is also available on the Department's
				website at
https://www.nj.gov/health/forms/lcs-9.pdf
.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURE › Section 8:39-2.3 - Newly constructed, expanded, or renovated facilities

Current through Register Vol. 56, No. 14, July 15, 2024
Any construction, expansion, or renovation of a facility shall be
				  completed in accordance with N.J.A.C. 8:39-31, Mandatory Physical Environment.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURE › Section 8:39-2.4 - Surveys and license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A license shall be issued to the operator of a
				facility when all of the following conditions are met:
1. A completed licensure application and the
				appropriate fee have been submitted;
2.
				An office conference for review of the conditions for licensure and operation has
				taken place between the Long-Term Care Licensing and Certification Program and
				representatives of the facility;
3. The
				applicant has submitted the following documents to the Long-Term Care Licensing and
				Certification Program: a copy of the certificate of occupancy, and written approvals
				from the Health Care Plan Review Unit of the New Jersey Department of Community
				Affairs and the local health authority;
4. Written approvals of the water supply and
				sewage disposal system from local officials are on file with the Department for any
				water supply or sewage disposal system not connected to an approved municipal
				system; and
5. Survey(s) by
				representatives of the Department indicate that the facility meets the mandatory
				standards set forth in this chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURE › Section 8:39-2.5 - Surrender of license

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall directly notify the Division of Certificate of
				  Need and Licensing, in writing, each resident, the resident's physician or advanced
				  practice nurse, and any guarantors of payment concerned at least 30 days prior to
				  the voluntary surrender of a license, or as directed under an order of revocation,
				  refusal to renew, or suspension of licensure. In such cases, the license shall be
				  returned to the Division of Certificate of Need and Licensing within seven calendar
				  days from voluntary surrender, order of revocation, expiration, or suspension of
				  license, whichever is applicable.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURE › Section 8:39-2.6 - 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 the Health Care Facilities
				Planning Act, P.L. 1971, c.136 and c.138,
				26:2H-1 et seq., and amendments
				thereto, and the standards in this chapter, waive sections of this chapter if, in
				his or her opinion, such waiver would not endanger the life, safety, or health of
				the facility's residents or the public.
(b) A facility seeking a waiver of the standards
				in this chapter shall apply, in writing, to the Director of the Division of
				Certificate of Need and Licensing of the Department.
(c) A written application for waiver shall include
				at least the following:
1. The nature of the waiver
				requested;
2. The specific standards for
				which a waiver is requested;
3. Reasons
				for requesting a waiver, including a statement of the type and degree of hardship
				that would result to the facility or any individual upon full compliance;
4. An alternative proposal which would ensure
				resident safety; and
5. Documentation to
				support the application for waiver.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURE › Section 8:39-2.7 - Action against licensee

Current through Register Vol. 56, No. 14, July 15, 2024
Violations of this subchapter may result in action by the
				  Department in accordance with N.J.A.C. 8:43E.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURE › Section 8:39-2.8 - Special long-term care services

Current through Register Vol. 56, No. 14, July 15, 2024
In accordance with
				  8:33H-1.6, the Department recognizes the
				  following two special long-term care services, both of which require a certificate
				  of need: behavioral management and ventilator care. Long-term care beds that are
				  approved for these special services shall be designated separately on the facility's
				  license.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURE › Section 8:39-2.9 - Chronic hemodialysis services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a facility
				provides hemodialysis services to its own long-term care residents only, the
				following conditions shall be met:
1. The facility
				shall be authorized to provide the service by the Division of Certificate of Need
				and Licensing subsequent to the submission and review of the information contained
				in this subchapter. The application shall describe how the standards at (a)2, 3, and
				4 below will be met. The facility shall comply with ambulatory care requirements for
				a chronic dialysis provider, in accordance with N.J.A.C. 8:43A-24, and the
				application shall describe how such compliance will be achieved. Waivers from the
				nine station minimum requirement at N.J.A.C. 8:43A-24.2shall be considered on an
				individual basis;
2. A consultant
				nephrologist who is Board Certified or Board eligible shall be designated and
				available to provide medical direction for the hemodialysis service;
3. The facility shall identify the space where
				hemodialysis services will be provided:
i.
				Identified space shall be in compliance with the requirements at N.J.A.C. 8:43A-24,
				Licensure Standards for Ambulatory Care;
ii. If bedside hemodialysis services are offered,
				they shall be provided only in private rooms; and
4. Hemodialysis shall be listed as a "service" on
				the facility's license.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURE › Section 8:39-2.10 - Peritoneal dialysis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a long-term care facility offers peritoneal
				renal dialysis services to its own residents only, the following conditions shall be
				met:
1. A licensing application shall not be
				required;
2. The facility shall forward
				to the Department an attestation that the information listed below is available at
				the facility for review. Following receipt of this attestation, authorization to
				provide the service may be granted:
i. Policies
				and procedures for service provision, which shall include the following:
(1) Staff qualifications and training;
(2) Admission criteria;
(3) Transfer agreement with a certified ESRD
				hospital facility;
(4) Quality assurance
				mechanisms and criteria;
(5) Infection
				prevention and control, including bag disposal;
(6) Emergency situations;
(7) Dietary requirements; and
(8) How and where any necessary laboratory work
				will be completed;
3. A consultant nephrologist shall be designated
				and available to provide medical direction for the service; and
4. Peritoneal dialysis shall be listed as a
				"service" on the facility's license.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURE › Section 8:39-2.11 - Add-a-bed

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A.
				26:2H-7.2, a facility may request approval from
				the Department to increase total licensed beds by no more than 10 beds or 10 percent
				of its licensed bed capacity, whichever is less, without certificate of need
				approval. No more than one such request for approval shall be submitted every five
				years.
(b) The Department shall charge a
				nonrefundable fee of $ 1,500 plus $ 15.00 per additional bed for the filing of an
				application to add beds to increase a facility's total licensed capacity. Applicants
				may obtain Add-a-bed application forms, LCS-5, from the Division of Certificate of
				Need and Licensing or on the Department's website at
https://www.nj.gov/health/forms/
. The
				completed forms, along with, scaled floor plans and the appropriate fee, must be
				forwarded to the Division of Certificate of Need and Licensing.
(c) The Department shall deny an add-a-bed
				application if any of the following conditions exist:
1. The facility's track record is unsatisfactory,
				in accordance with
				N.J.A.C.
				8:33-4.10 and
				8:43E-5.1;
2. The applicant fails to demonstrate that the
				facility has sufficient space to implement the new licensed bed capacity in a manner
				meeting Federal construction standards contained in the 1996-97 edition of
				"Guidelines For Design and Construction of Hospital and Health Care Facilities"
				(American Institute of Architects Academy of Architecture for Health, with
				assistance from the U.S. Department of Health and Human Services. The American
				Institute of Architects Press: Washington, DC), incorporated herein by reference as
				amended and supplemented;
3. The
				applicant fails to demonstrate that the facility has provided sufficient nurse
				staffing hours, in accordance with this chapter, to meet the needs of the current
				resident census;
4. The addition of beds
				will result in a unit size in excess of 64 beds;
5. The addition of beds will result in a violation
				of State licensure or Federal certification requirements; or
6. The proposed additional beds will result in a
				room occupancy that exceeds two residents per room.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURE › Section 8:39-2.12 - Transfer of ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with
				N.J.A.C.
				8:33-3.3(b), the transfer of
				ownership of a facility shall not require a certificate of need except when the
				proposed owner does not satisfy the Department's track record review.
(b) Prior to transferring ownership of a facility,
				the prospective new owner shall submit an application to the Division of Certificate
				of Need and Licensing. The application shall include the following items:
1. The transfer of ownership fee of $ 2,500 plus $
				15.00 per bed, in accordance with
				N.J.A.C.
				8:39-2.2(b);
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:
i. Identification of the current owners
				of the facility;
ii. 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
iii. 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 by the proposed owner or
				any of the principals, in New Jersey or any other state. If facilities are owned,
				operated, or managed 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, shall be included in the
				application.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 3 - COMPLIANCE WITH MANDATORY RULES AND ADVISORY STANDARDS › Section 8:39-3.1 - Mandatory rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mandatory rules
				contain minimum and essential requirements of care provided by a facility.
(b) Failure to comply with any mandatory rules
				contained in this chapter shall constitute a deficiency for which the Department may
				take any or all of the enforcement actions set forth in N.J.A.C. 8:43E.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 3 - COMPLIANCE WITH MANDATORY RULES AND ADVISORY STANDARDS › Section 8:39-3.2 - Advisory standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Advisory standards
				contain benchmarks of excellence or superior attainment in providing care of high
				quality.
(b) Facilities are strongly
				encouraged to use advisory standards in striving to provide the highest quality of
				care possible.
(c) Failure to comply
				with any or all advisory standards shall not constitute a deficiency or result
				directly or indirectly in any enforcement action by the Department.
(d) Compliance with advisory standards shall not
				be used as an indication of whether the facility is in compliance with mandatory
				rules or whether a facility should be made subject to a penalty or other action to
				protect residents.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 3 - COMPLIANCE WITH MANDATORY RULES AND ADVISORY STANDARDS › Section 8:39-3.3 - Reporting compliance with advisory standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Compliance with
				advisory standards shall be calculated in accordance with the following:
1. The Department shall verify that at least 90
				percent of no more than 30 advisory standards randomly selected from the total
				number of advisory standards which the facility claims to have met are in fact met;
				and
2. If the compliance rate determined
				at (a)1 above is 90 percent or greater, then, for any advisory subchapter in which
				the facility has claimed to meet 65 percent or more of the standards in the
				subchapter, recognition for meeting the entire subchapter shall be given.