reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.2 - Service provider requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Assisted living
				programs shall provide their services exclusively in a licensed assisted living
				residence, comprehensive personal care home, and/or within publicly subsidized
				housing units. Housing units which are not publicly subsidized are eligible to apply
				for a certificate of need for an assisted living residence and, if approved, a
				license.
(b) Assisted living program
				providers which provide staffing, management or other services to licensed assisted
				living residences or comprehensive personal care homes shall do so in accordance
				with the licensing standards which are applicable to the particular facility. In
				such cases, the licensing standards for assisted living residences and comprehensive
				personal care homes shall take precedence over the standards for assisted living
				programs. The assisted living residence and/or the comprehensive personal care home
				shall establish and maintain written contracts detailing all policies, procedures,
				and services to be provided by the licensed facility and the licensed
				program.
(c) Assisted living program
				providers shall establish and maintain a written contract with each publicly
				subsidized housing unit to be served.
1. The
				contract shall stipulate that a tenant shall not be prohibited from participation in
				the assisted living program due to the location or physical characteristics of the
				unit in which the tenant resides.
2. The
				contract shall stipulate that tenants shall not be involuntarily moved from one unit
				to another within the building for the purpose of receiving the services of the
				assisted living program.
3. The contract
				shall include a written acknowledgement by the publicly subsidized housing building
				manager and owner that each has reviewed the provisions of this chapter and will
				permit the assisted living program's operation in accordance with such
				provisions.
4. The contract shall state
				that there are policies and procedures for the publicly subsidized housing staff to
				notify the assisted living program of any substantial change in a resident's
				condition noticed by housing staff.
5.
				The contract shall state that there are policies and procedures which ensure the
				on-premises presence of at least one publicly subsidized housing staff or assisted
				living program provider staff 24 hours per day. This staff shall be responsible for
				contacting appropriate authorities, including the assisted living program, in the
				event of an emergency situation involving a resident or the building as a
				whole.
6. The assisted living program
				provider shall submit written documentation to the Department that each building for
				which it is contracting to provide services is a publicly subsidized housing
				building.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.3 - Services provided to residents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each assisted living
				program shall comply with the applicable provisions in N.J.A.C. 8:36-1 through 11,
				13, 15 and 23.
(b) Each assisted living
				program provider shall be capable of providing or arranging for the provision of
				assistance with personal care, and of nursing, pharmaceutical, dietary and social
				work services to meet the individual needs of each resident.
(c) The assisted living program provider shall be
				capable of providing or arranging for the provision of nursing services to maintain
				residents, including residents who require long-term care. However, a resident may
				be, but is not required to be, removed from program participation if it is
				documented in the resident record that a higher level of care is required as
				demonstrated by one or more of the characteristics identified in
				8:36-5.1(d).
(d) The assisted living program's service
				agreement with each resident shall clearly specify if the program will or will not
				continue to provide, or arrange for the provision of, services to residents with the
				characteristics described in
				8:36-5.1(d)1  through
				8, to what extent and, if applicable, at what additional cost.
(e) In the event that the assisted living program
				removes a resident from program participation as permitted by (c) above, it shall
				provide the resident with information to assist in obtaining the level of care
				required.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.4 - Policy and procedure manual

Current through Register Vol. 56, No. 14, July 15, 2024
A policy and procedure manual(s) for the organization and
				  operation of the assisted living program shall be developed, implemented and
				  reviewed in accordance with the provisions of
				  8:36-5.7. The manual(s) shall be
				  available in all assisted living program sites, the assisted living program provider
				  main office, and to representatives of the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.5 - Resident transportation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assisted living
				program provider shall have written policies and procedures for arranging resident
				transportation to and from health care services provided outside of the program
				site, and shall provide reasonable plans for security and accountability for the
				resident and his or her personal possessions.
(b) The assisted living program provider shall
				develop a mechanism for the transfer of appropriate resident information to and from
				the providers of service, as required by individual residents and as specified in
				their service plans.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.6 - Notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assisted living program provider and each
				program site shall conspicuously post a notice that the following information is
				available to residents and the public at the program site and at the assisted living
				program provider's main office during normal business hours:
1. All waivers from the provisions of this chapter
				granted by the Department;
2. A copy of
				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 and responsibilities;
4. Business
				hours and telephone number of the assisted living program provider main
				office;
5. The toll-free hot line number
				of the Department; telephone numbers of county agencies dealing with senior service
				issues; and the telephone number of the State LongTerm Care Ombudsman ;
				and
6. The names of, and a means to
				formally contact, the administration of the assisted living program provider.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.7 - Maintenance of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assisted living
				program shall maintain an annual listing of residents admitted and discharged,
				including the destination of residents who are discharged to a health care
				facility.
(b) Statistical data, such as
				resident census and program characteristics shall be forwarded on request, in a
				format provided by the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.8 - Notification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When known, and with
				the resident's consent, the resident's family, guardian, and/or designated
				responsible person or designated agency shall be notified promptly in the event of
				the following:
1. The resident acquires an acute
				illness requiring medical care;
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.
				The Certificate of Need and Licensing Program shall also be notified in writing of
				these events;
3. The resident is
				discharged from the program; or
4. The
				resident expires. The assisted living program shall have a written procedure
				established with the program site to ensure that dual notifications of death do not
				occur.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.9 - Administration and staffing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator of
				an assisted living program shall:
1. Hold a
				current New Jersey license as a nursing home administrator; or
i. Have successfully completed an assisted living
				training course which covers the concepts and rules of assisted living as outlined
				in this chapter, given by a person(s) qualified to train assisted living
				administrators, in accordance with
				8:36-3.2(a)4;
				and
ii. Have successfully completed a
				Department competency examination, which covers the concepts and rules delineated in
				this chapter; and
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.10 - Financial arrangements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the assisted
				living program offers financial management services, it shall develop written
				policies and procedures for such services, including any charges for such
				services.
(b) The assisted living
				program shall:
1. Inform residents, in writing, of
				any and all fees for services and charges for supplies routinely provided by the
				program. Residents and/or their family, guardian or responsible person shall be
				given at least 30 days prior written notice of any change in fees for services or
				charges for supplies routinely provided. At the resident's request, this information
				shall be provided to the resident's family, guardian, or responsible
				person;
2. Maintain a written record of
				all financial arrangements with the resident and/or his or her family, guardian or
				responsible person, with copies furnished to the resident; and
3. Provide the resident with information regarding
				financial assistance available from third party payors and/or other payors and
				referral systems for resident financial assistance.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.11 - Resident assessments, service plans, health care plans and health care services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each resident living
				in publicly subsidized housing who elects to participate in an assisted living
				program shall receive an initial assessment pursuant to
				8:36-7.1(a)  and the
				applicable sections of
				8:36-7.2 through 7.5.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.12 - Dining services and meal preparation assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assisted living
				program shall make available dining services and/or meal preparation assistance to
				meet the daily nutritional needs of residents.
(b) The assisted living program shall have a
				mechanism to assist residents with shopping and/or preparation of meals in
				accordance with their needs and plans of care.
(c) The assisted living program shall comply with
				8:36-10.4(a)1  and 2,
				10.5(c)10 and 12, and 10.6.
(d) The
				assisted living program shall review documentation that congregate kitchens in
				buildings in which meals are prepared for assisted living program residents comply
				with the provisions of N.J.A.C. 8:24, Retail Food Establishments and Food and
				Beverages Vending Machines Chapter XII of the New Jersey Sanitary Code.
(e) The assisted living program shall ensure that
				a current diet manual shall be available in each building in which the assisted
				living program provides services.
(f)
				The assisted living program shall ensure that meals are planned, prepared and served
				in accordance with, but not limited to, the following:
1. The nutritional needs of residents;
2. In congregate kitchens in buildings where meals
				are prepared for assisted living program residents, written dated menus shall be
				planned in advance. The same menu shall not be used more than once in any continuous
				seven-day period. Menus shall be posted in a conspicuous place and a copy of the
				menu shall be provided to each resident. Menus, with changes or substitutes, shall
				be kept on file for at least 30 days;
3.
				Diets served shall be consistent with the diet manual, the dietitian's instructions,
				if applicable, and, if necessary for special diets, shall be served in accordance
				with physicians' orders.
4. Where
				indicated in the health care plan nutrients and calories shall be provided for each
				resident, based upon current recommended dining allowances of the Food and Nutrition
				Board of the National Academy of Sciences, National Research Council, adjusted for
				age, sex, weight, physical activity, and therapeutic needs of the resident.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.13 - Pharmaceutical services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assisted living
				program shall assist residents to obtain pharmaceutical services in accordance with
				physician's orders and with each resident's health service or general service
				plan.
(b) The assisted living program
				shall comply with
				8:36-11.3(a)1  and 2,
				11.4(a) and (b), 11.5(a) and (b)2 through 4, (e) and (f).
(c) Assisted living program staff shall report
				drug errors and adverse drug reactions immediately to the assisted living program
				registered professional nurse who shall comply with the reporting and documenting
				requirements of 8:36-11.5(e).
(d) For those residents who do not self-administer
				medications, the assisted living program shall provide an appropriate and safe
				medication storage area, either in a common area or in the resident's housing unit,
				for the storage of medication.
1. The common
				storage area shall be kept locked when not in use.
2. The common storage area shall be used only for
				the storage of medications and medical supplies.
3. The key to the common storage area shall be
				kept on the person of the assisted living program employee on duty.
4. Each resident's medications shall be kept
				separated within the common storage area, with the exception of large volume
				medications which shall be labeled but may be stored together in the common storage
				area.
5. Medications shall be stored in
				accordance with manufacturer's instructions, and/or extemporaneously applied
				pharmacy labels and/or directions, and/or USP DI Volume I: Drug Information for the
				Health Care Professional, 2005, incorporated herein by reference, as amended and
				supplemented and USP DI Volume II: Advice for the Patient, incorporated herein by
				reference, as amended and supplemented. USP DI Volume I: Drug Information for the
				Health Care Professional and USP DI Volume II: Advice for the Patient can be
				obtained by contacting Thomson-Micromedex, 6200 S. Syracuse Way, Suite 300,
				Greenwood Village, CO 80111, (303) 486-6400.
6. All medications shall be kept in their original
				containers and shall be properly labeled and identified.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.14 - Resident activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A planned,
				diversified program of activities shall be posted and offered daily for residents,
				including individual and/or group activities, on-site or off-site to meet the
				service needs of residents.
(b) The
				assisted living program shall provide assistance in obtaining transportation
				services for residents in accordance with
				8:36-5.8(b).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.15 - Resident records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assisted living
				program shall comply with
				8:36-15.1 through 15.6.
(b) Whenever a resident dies, the assisted living
				program administrator or his or her designee shall document the date, cause of
				death, and location, if obtainable, in the resident's record and shall notify the
				resident's physician.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.16 - Resident rights and responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
To assure the highest quality of services, each assisted living
				  program shall distribute and implement a statement of resident rights and
				  responsibilities consistent with the provisions of
				  8:36-4.1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.17 - Reportable events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assisted living program's contract or
				agreement with a publicly subsidized housing program site, or with an assisted
				living residence or comprehensive personal care home for which it provides services,
				shall include procedures for the site to notify the assisted living program of all
				building and physical plant emergencies such as, but not limited to, interruption
				for three or more hours of basic services such as heat, light, power, water,
				telephone and site staff.
(b) The
				assisted living program shall notify the Department immediately by telephone at
				(609) 633-9034 or (609) 392-2020 if after business hours, followed within 72 hours
				by written confirmation, of the following:
1. Any
				interruption of basic building services, as noted in (a) above;
2. Any actual or expected interruption or
				cessation in assisted living program operations and services;
3. Termination of employment of the assisted
				living program administrator and the name and qualifications of his or her
				replacement;
4. Occurrence of all
				reportable infections and disease as specified at N.J.A.C. 8:57, among residents
				and, where known, at the program site;
5. Any deaths or accidents related to the
				program's services or activities and all residents who are determined to be missing,
				and all deaths among residents resulting from accidents in the publicly subsidized
				housing building or in assisted living residences or comprehensive personal care
				homes for which services are provided, or related to other building services.
				Written confirmation of this shall contain information about injuries to residents
				and/or program personnel, disruption of program and/or building services and extent
				of damages;
6. Where known all alleged
				or suspected crimes committed by or against residents, which have also been reported
				at the time of occurrence to the local police department; and
7. All suspected cases of abuse, neglect or
				exploitation of residents which have been reported to the State Long-Term Care
				Ombudsman .
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 23 - ASSISTED LIVING PROGRAMS › Section 8:36-23.18 - Other requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assisted living
				program shall have a mechanism to provide information and referrals to other levels
				of care, as required by a resident. All necessary resident information shall also be
				transferred in accordance with the program's confidentiality requirements and with
				all applicable State and Federal laws and regulations.
(b) Records and information regarding the
				individual resident shall be considered confidential and the resident shall have the
				opportunity to examine such records, in accordance with facility or program
				policies. The written consent of the resident shall be obtained for release of his
				or her records to any individual outside the facility or program, except in the case
				of the resident's transfer to another health care facility, or as required by law,
				third-party payor, or authorized government agencies.
(c) The assisted living program and each publicly
				subsidized housing unit in which it provides services shall develop written policies
				and procedures to assure substantial compliance with N.J.A.C. 8:36-14, 17 and 18.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 1 - GENERAL PROVISIONS › Section 8:37-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				implements the Dementia Care Home Act,
				N.J.S.A.
				26:2H-148 et seq.,
				P.L.
				2015, c. 125 (enacted
				November 9, 2015), and is to apply to dementia care homes as defined in this
				chapter.
(b) This chapter is promulgated
				for the purpose of establishing licensing standards for dementia care homes in the
				State of New Jersey to ensure that they are maintained and operated in such a manner
				that will protect the health, safety, and welfare of its residents and at the same
				time preserve and promote a home-like atmosphere appropriate to such
				facilities.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 2 - LICENSING › Section 8:37-2.1 - Application for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall
				operate a dementia care home, or offer, advertise, or hold out a facility as a
				dementia care home, or hold out a building as available for occupancy by dementia
				care home residents without a valid license issued by the Department.
(b) Any person, organization, or corporation
				desiring to operate a dementia care home shall make application to the Commissioner
				for a license on Form CN-7, Application for a New or Amended Acute Care Facility
				License, which is incorporated herein by reference as
N.J.A.C. 8:37
Appendix B and is also available on the Department's website at:
http://www.nj.gov/health/forms/cn-7.pdf
.
(c) The Department shall charge a nonrefundable
				fee of $ 1,500 plus $ 15.00 per bed for the filing of an initial application for
				licensure as a dementia care home and for each annual renewal thereof. These fees
				shall not exceed the maximum caps as set forth at
N.J.S.A.
				26:2H-12
.
(d) The Department shall charge a nonrefundable
				fee of $ 750.00 for the filing of an application to add bed- or non-bed-related
				services to an existing dementia care home license.
(e) The Department shall charge a nonrefundable
				fee of $ 375.00 for the filing of an application to reduce bed- or non-bed-related
				services at an existing dementia care home.
(f) The Department shall charge a nonrefundable
				fee of $ 375.00 for the filing of an application for the relocation of a dementia
				care home.
(g) The Department shall
				charge a nonrefundable fee of $ 1,500 for the filing of an application for the
				transfer of ownership of a dementia care home.
(h) Approval of an application shall be contingent
				upon the applicant demonstrating capacity to operate a dementia care home in
				accordance with this chapter. The demonstration of the capacity to operate a
				dementia care home shall include:
1. An acceptable
				track record review of past and current compliance with State licensure requirements
				and applicable Federal requirements, in accordance with
N.J.A.C.
				8:43E-5.1(b)
or (c), as
				applicable;
2. Establishment that the
				premises, equipment, personnel, including principals and management, finances, rules
				and bylaws, and standards of health care are fit and adequate and that there is
				reasonable assurance that the dementia care home will be operated in accordance with
				the standards required by this chapter; and
3. An applicant's prior history in safely,
				properly, and effectively operating a dementia care home either in New Jersey or in
				other states.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 2 - LICENSING › Section 8:37-2.2 - Newly constructed, renovated, or expanded dementia care homes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any dementia care home with a renovation,
				expansion, or construction program shall submit plans to the Health Care Plan Review
				Unit, Division of Codes and Standards, New Jersey Department of Community Affairs,
				PO Box 815, Trenton, New Jersey 08625-0815, for review and approval, prior to the
				initiation of the renovation, expansion, or construction project.
(b) Prior to submitting plans in accordance with
				(a) above, an applicant for a license to operate a dementia care home may request
				that the Certificate of Need and Healthcare Facility Licensure Program schedule an
				appointment to conduct a functional review of the proposed project to review the
				conditions for licensure and operation, which request the Program shall
				grant.
(c) Newly constructed, renovated,
				and expanded dementia care homes shall conform with the New Jersey Uniform
				Construction Code, N.J.A.C. 5:23-3, Use Group I-2 of the subcode.
1. The licensure application for a newly
				constructed, renovated, and expanded dementia care home shall include written
				approval of final construction of the physical plant by the Health Care Plan Review
				Unit, Division of Codes and Standards, New Jersey Department of Community Affairs,
				in accordance with this chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 2 - LICENSING › Section 8:37-2.3 - Administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each dementia care
				home shall have an administrator who is responsible for the day-to-day operations of
				the dementia care home.
1. A dementia care home
				shall provide the Certificate of Need and Healthcare Facility Licensure Program with
				written notification of a change in administrator, including the name of the new
				administrator, within 72 hours of the change.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 2 - LICENSING › Section 8:37-2.4 - Access to agency representatives

Current through Register Vol. 56, No. 14, July 15, 2024
Authorized Department staff may conduct survey visits at a
				  facility at any time. Such visits may include, but shall not be limited to, the
				  review of all facility documents and resident records, as well as conferences with
				  residents, responsible parties of residents, and facility staff.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 2 - LICENSING › Section 8:37-2.5 - Waiver of licensing standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A.
				26:2H-153, the Commissioner or his or her designee
				may, in accordance with the general purposes and intent of this chapter, waive
				sections of the rules if, in his or her opinion, such waiver would not endanger the
				life, safety, or health of residents or the public and the failure to grant the
				waiver would pose a serious financial hardship to the licensee.
(b) A licensee seeking a waiver of a rule in this
				chapter shall apply in writing to the Director of the Certificate of Need and
				Healthcare Facility Licensure Program on Form CN-28, Application for Waiver, which
				is incorporated herein by reference as
N.J.A.C. 8:37
Appendix A,
				and is also available on the Department's website at
http://web.doh.state.nj.us/apps2/forms/subforms.aspx?pro=healthfacilities#need-care
.
(c) A written request for waiver shall include the
				following:
1. A citation to the specific rule or
				part of the rule for which a waiver is requested;
2. Reasons for requesting a waiver, including a
				statement of the type and degree of hardship that would result to the licensee upon
				full compliance;
3. An alternative
				proposal, which would ensure resident safety;
4. Documentation to support the application for
				waiver;
5. Whether the project is
				currently under review by the Department of Community Affairs, Health Care Plan
				Review; and
6. Whether the waiver
				request is based on plan review comments by the Department of Community
				Affairs.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 2 - LICENSING › Section 8:37-2.6 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
A person or entity found to be in violation of the provisions of
				  N.J.S.A.
				  26:2H-148 et seq., or any rules or regulations
				  adopted by the Commissioner pursuant thereto with respect to the operation of a
				  dementia care home, shall be subject to the enforcement remedies provided for in
				  N.J.S.A.
				  26:2H-13 or
				  26:2H-14 and N.J.A.C.
				  8:43E-3.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 2 - LICENSING › Section 8:37-2.7 - Resident admission agreement, financial arrangements, and full disclosure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to or upon
				admission, the licensee shall enter into a written resident admission agreement with
				each resident of the dementia care home or the resident's responsible
				party.
(b) The licensee shall disclose
				in the resident admission agreement, at a minimum, the services it will provide to
				the resident, the amount of any required security deposit, transportation it will
				provide for healthcare appointments, and the fee for the transportation, if any, the
				public programs or benefits that it accepts or delivers, the policies and discharge
				criteria that affect a resident's ability to remain in the facility, the fees for
				services provided and charges for supplies routinely provided by the licensee, and
				the costs of supplies which are specially ordered.
(c) Concerning financial arrangements, the
				licensee shall:
1. Impose no additional charges,
				expenses, or other financial liabilities in excess of what is provided in the
				resident admission agreement, unless at least 30 days written notification is
				provided to the resident and any responsible person of the charges and there is
				written documentation evidencing the resident's agreement to pay such
				charges;
2. Impose no additional charges
				for increased level of care without documentation of recertification of the
				physician, as required by
				N.J.A.C.
				8:37-4.1(a), that supports the
				need for the increase;
3. Maintain a
				written record of all financial arrangements with the resident and/or his or her
				responsible person, with copies furnished to the resident and any responsible
				person; and
4. Provide the resident and
				any responsible person with information about obtaining financial assistance
				available from third-party payers and/or other payers and referral systems for
				resident financial assistance.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 2 - LICENSING › Section 8:37-2.8 - Reportable events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall
				comply with the health care facility reporting requirements at
				N.J.A.C.
				8:43E-10.11.
1.
				A dementia care home is considered a "home-based service" under
				N.J.A.C.
				8:43E-10.11(a)1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 2 - LICENSING › Section 8:37-2.9 - Personal needs allowances

Current through Register Vol. 56, No. 14, July 15, 2024
When applicable, personal needs allowances shall comply with
				  N.J.A.C.
				  8:36-6.3.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 3 - RESIDENT RIGHTS › Section 8:37-3.1 - Resident rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every resident of a
				dementia care home shall have the right to:
1.
				Manage the resident's own financial affairs or to have that responsibility delegated
				to a family member, an assigned guardian, or some other individual with power of
				attorney. The resident's authorization must be in writing, and must be witnessed in
				writing;
2. Wear the resident's own
				clothing;
3. Determine the resident's
				own dress, hair style, or other personal effects according to individual
				preference;
4. Retain and use the
				resident's personal property in the resident's immediate living quarters, so as to
				maintain individuality and personal dignity, except where the licensee can
				demonstrate that it would be unsafe, impractical to do so, or infringe upon the
				rights of others, and that mere convenience is not the licensee's motive to restrict
				this right;
5. Receive and send unopened
				correspondence;
6. Unaccompanied access
				to a telephone at a reasonable hour and to a private phone at the resident's
				expense;
7. Privacy;
8. Retain the services of the resident's own
				personal physician at the resident's own expense or under a health care plan and to
				confidentiality and privacy concerning the resident's medical condition and
				treatment;
9. Unrestricted
				communication, including personal visitation with any person of the resident's
				choice, at any reasonable hour;
10. Make
				contacts with the community and to achieve the highest level of independence,
				autonomy, and interaction with the community of which the resident is
				capable;
11. Present grievances on
				behalf of the resident or others to the operator, State governmental agencies, or
				other persons without threat of reprisal in any form or manner;
12. A safe and decent living environment and
				considerate and respectful care that recognizes the dignity and individuality of the
				resident;
13. Refuse to perform services
				for the licensee, except as contracted for by the resident and the
				operator;
14. Practice the religion of
				the resident's choice, or to abstain from religious practice; and
15. Not be deprived of any constitutional, civil,
				or legal right solely by reason of residence in a dementia care home.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 4 - ADMISSION AND RETENTION OF RESIDENTS › Section 8:37-4.1 - Admission and retention; health care monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to a prospective resident's admission to
				a dementia care home, the prospective resident shall receive a medical assessment
				from a physician and obtain a certification from that physician stating that a
				dementia care home is appropriate to meet the needs of the prospective resident.
1. Each resident shall be reassessed and
				recertified by a physician on a quarterly basis in compliance with
				N.J.S.A.
				26:2H-152.n(6).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 4 - ADMISSION AND RETENTION OF RESIDENTS › Section 8:37-4.2 - Discharge criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The dementia care
				home shall set forth the criteria for discharge in the admission agreement that it
				enters into with the resident or the resident's responsible person prior to or upon
				admission.
(b) A resident shall be
				transferred from a dementia care home to a facility that offers a higher level of
				care if the resident exhibits one or more of the following characteristics:
1. The resident is consistently and totally
				dependent in eating and toileting.
i.
				"Consistently and totally dependent in eating" means being unable to swallow and/or
				requiring a feeding tube.
ii.
				"Consistently and totally dependent in toileting" means requiring a colostomy bag
				and/or catheter;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 4 - ADMISSION AND RETENTION OF RESIDENTS › Section 8:37-4.3 - Referrals

Current through Register Vol. 56, No. 14, July 15, 2024
The licensee shall maintain a list of licensed New Jersey
				  long-term care facilities and provide it to the resident, the resident's family, and
				  any responsible person when a resident needs a higher level of
				  care.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 5 - PERSONAL CARE SERVICES › Section 8:37-5.1 - Restriction on health care services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				individual who has an ownership interest in the licensed dementia care home shall
				not provide health care services in that facility.
(b) A licensed health care professional employed
				by the licensee or by an outside agency, who is acting within the scope of that
				person's license, may provide health care services to a resident of a dementia care
				home.
(c) A resident of a dementia care
				home shall not be given skilled nursing care while a resident, except for:
1. Emergencies;
2. Temporary illness for a period of one week or
				less; or
3. When it is ordered by a
				licensed physician and the resident does not require such care 24-hours a day, seven
				days a week.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 5 - PERSONAL CARE SERVICES › Section 8:37-5.2 - Services provided by dementia care homes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Dementia
				care homes shall provide residents with the following services:
1. Dietary services;
2. Recreational activities;
3. Supervision of self-administration of
				medications;
4. Supervision and
				assistance in activities of daily living; and
5. Assistance in obtaining necessary health care
				services.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 5 - PERSONAL CARE SERVICES › Section 8:37-5.3 - Staffing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee
				shall employ or continue to employ any person known to the licensee to have engaged
				in conduct violative of the rights of residents set forth at N.J.A.C. 8:37-3.1 or
				who the licensee has reason to believe would be likely to engage in such
				conduct.
(b) Every licensee shall have
				at least two staff persons on duty at all times who are awake and able to provide
				assistance to residents.
(c) The
				staffing level in (b) above is a minimum only and the dementia care home shall
				employ both professional and unlicensed staff in sufficient number and with
				sufficient ability and training to provide basic resident care, assistance, and
				supervision required, based on an assessment of the acuity of residents' needs.
1. Staffing shall meet the standards set at
				N.J.A.C. 8:37-7.10 for residents who cannot self-evacuate.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 5 - PERSONAL CARE SERVICES › Section 8:37-5.4 - Training and staffing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All staff who are
				employed by the facility who have regular direct contact with residents and are not
				licensed healthcare professionals shall successfully complete the following:
1. The home health aide course (75 hours) given by
				a home health agency approved by the State Board of Nursing; and
2. A five-day course given by a registered nurse
				or other healthcare professional, which shall include:
i. Orientation to the facility;
ii. Specific training regarding Alzheimer's
				disease; and
3. Incorporate
				the Centers for Medicare and Medicaid Services Hand in Hand: A Training Series for
				Nursing Homes Toolkit on the care of persons with dementia (information and the
				manner in which to obtain the toolkit is available at the following website:
http://surveyortraining.cms.hhs.gov/pubs/HandinHand.aspx)
.
				The course shall be divided as follows:
i. Day
				One: Mission; policies and procedures; rules for residents; rules for staff;
				scheduling of meals and activities; documentation requirements; residents' rights;
				confidentiality; and ethical behavior;
ii. Day Two: Safety issues; preventing falls and
				accidents; fire training and evacuation; infection controls and universal
				precautions; and Occupational Safety and Health Administration, and related
				issues;
iii. Day Three: Didactic
				information concerning Alzheimer's disease; audiovisuals; role plays; definition of
				dementia; associated behaviors of dementia (such as rummaging, wandering,
				impulsiveness, etc.); distinctive characteristics of individuals with dementia; and
				use of Senior Living University or similar tapes;
iv. Days Four and Five: Structured observation at
				a dementia-specific adult day care program or at a dementia unit of an assisted
				living facility; trainees to observe a multidisciplinary team in action with clients
				with dementia and to be given structured worksheets to complete; and trainees to
				participate in discussion sessions with their supervisor each day.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 5 - PERSONAL CARE SERVICES › Section 8:37-5.5 - Assistance in dressing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Assistance in
				dressing shall be provided only by a person whom the resident consents to have
				assist him or her.
(b) The resident's
				preferences in selection of clothing shall be respected.
1. To the extent that the resident gives
				discretion in the choice of clothing to the person providing assistance in dressing,
				that discretion shall be exercised so as to dress the resident in comfortable
				clothing suitable to the season and coordinated in a harmonious manner.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 5 - PERSONAL CARE SERVICES › Section 8:37-5.6 - Assistance in bathing and personal hygiene

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Assistance in bathing and personal hygiene shall be provided only by a person whom
				the resident consents to have assist him or her.
(b) Assistance in bathing and personal hygiene
				shall be provided at reasonable times, so that a resident is not unduly delayed in
				commencing his or her daily activities or in going to bed.
1. The dementia care home shall provide a
				sufficient amount of time for the resident to receive assistance with bathing and
				hygiene with consideration given to the resident's physical condition.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 5 - PERSONAL CARE SERVICES › Section 8:37-5.7 - Transportation to health care services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				licensee shall provide its residents with transportation to medical and dental
				offices and other health facilities as required for treatment and for the quarterly
				assessments as required by N.J.A.C. 8:37-4.1(a)1.
1. A licensee shall set forth the fee for the
				transportation, if any, and the maximum distance that it will travel for a
				resident's medical and dental appointments in the resident's agreement.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 5 - PERSONAL CARE SERVICES › Section 8:37-5.8 - Housekeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall
				supply, to every resident, a fresh change of bed linen and towels, all of which
				shall be in good condition, at least once a week and whenever there is a change of
				occupancy.
1. Soap and toilet paper shall also be
				provided by the licensee.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 5 - PERSONAL CARE SERVICES › Section 8:37-5.9 - Laundry services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall
				provide laundry services for its residents.
1. A
				licensee may have clothes cleaned either on or off the premises of the dementia care
				home.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 5 - PERSONAL CARE SERVICES › Section 8:37-5.10 - Independence and community interaction; recreational activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall take such affirmative action
				as may be necessary to assist each resident in living with as much independence and
				autonomy and with as high a degree of interaction with the community as may be
				reasonably possible.
(b) A licensee
				shall provide regularly scheduled recreational activities for residents.