reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33F - CERTIFICATE OF NEED: LONG TERM ACUTE CARE HOSPITALS › Subchapter 2 - REQUIREMENTS › Section 8:33F-2.3 - Requirements for expansion and new construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Certificate
				of need applications for new long-term acute care hospitals or for bed additions to
				long-term acute care hospitals shall be filed for expedited review with the
				Department in accordance with the provisions of N.J.A.C. 8:33, Certificate of Need:
				Application and Review Process. The Department shall accept applications for
				long-term acute care hospitals under the expedited review process from all qualified
				interested parties upon the publication in the New Jersey Register of a call for
				applications.
(b) The Department shall
				publish a long-term acute care Statewide and hospital-specific bed need prior to
				accepting any expedited review certificate of need applications. The estimated bed
				need is calculated as follows:
1. New long-term
				acute care beds shall be approved only where there is a documented bed need
				identified by the Department.
i. Applicants shall
				submit as part of their certificate of need application written agreements with
				general hospitals located within one hour (non-peak) travel time of the LTAC that
				assign part or all of their LTAC bed need, as published by the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33F - CERTIFICATE OF NEED: LONG TERM ACUTE CARE HOSPITALS › Subchapter 2 - REQUIREMENTS › Section 8:33F-2.4 - Accessibility of care for Medicaid and medically indigent patients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Long-term acute care
				facility services shall not be covered by fee-for-service payments under the New
				Jersey Medicaid Program, including NJ FamilyCare. Costs associated with these
				services shall not be reimbursable.
(b)
				Long-term acute care patients shall not be eligible for State charity care subsidies
				in accordance with
				P.L.
				1997, c. 263.
(c) Long-term acute care patients shall not be
				denied admission to an LTAC on the basis of their inability to pay in accordance
				with the Hospital Licensing Standards at
				8:43G-5.2(b) and
				(c).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33F - CERTIFICATE OF NEED: LONG TERM ACUTE CARE HOSPITALS › Subchapter 2 - REQUIREMENTS › Section 8:33F-2.5 - Long-term acute care hospital data reporting

Current through Register Vol. 56, No. 14, July 15, 2024
Every hospital licensed to provide long-term acute care in
				  accordance with this chapter shall maintain and provide statistical data on the
				  operation of the program and report those data to the Department of Health in
				  accordance with 8:31B-3.3.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33H - CERTIFICATE OF NEED: POLICY MANUAL FOR LONG TERM CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 8:33H-1.1 - Purpose; scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this
				chapter is to set forth Certificate of Need and related planning requirements for
				long-term care services.
(b) The
				Department has a major responsibility for the promotion of high quality, efficiently
				and economically rendered health services which are available to all citizens of the
				State. To ensure significant progress toward the achievement of this goal, the
				Department should direct planning and Certificate of Need activities toward the
				following:
1. Health promotion and minimization of
				debilitation;
2. Enhancement of the
				quality of life of long-term care consumers/patients and their families and/or
				significant others;
3. Expansion of both
				general and specialized long-term care options to maximize consumer
				choice;
4. Increased geographic,
				economic, and architectural accessibility of long-term care services;
5. Expansion of long-term care services to the
				extent that they are needed, while minimizing excess, underutilized
				capacity;
6. Increased affordability of
				long-term care services, the cost of which must be borne by consumers and the
				government;
7. Access to long-term care
				services without regard to race, ethnicity, or medical diagnoses, including HIV
				infection or a history of psychiatric illness;
8. Coordination of long-term care services;
				and
9. Community participation in
				decision-making about the development of expanded long-term care services.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33H - CERTIFICATE OF NEED: POLICY MANUAL FOR LONG TERM CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 8:33H-1.5 - Pediatric long-term care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Because of their
				unique growth and development needs, children who require nursing facility placement
				should be able to receive care in an environment that is dedicated to addressing
				these needs. For this reason, the Department shall give consideration to approving
				separate and distinct pediatric long-term care units in areas where they are
				needed.
(b) Because there are so few
				children who require nursing facility placement in New Jersey, pediatric long-term
				care units should be planned and developed to serve a planning region as defined in
				8:33H-1.2.
(c) The need for pediatric long-term care beds
				shall be determined in the following manner:
1. On
				a periodic basis (that is, at least once every five years), the Department shall
				conduct a survey of acute care hospitals, special hospitals, and other health care
				facilities at a particular point in time to identify all children who are medically
				ready for discharge and who require transfer to a pediatric long-term care facility.
				In addition, the number of children who are known to have been placed in long-term
				care facilities outside of New Jersey shall be counted;
2. The number of pediatric patients computed in
				(c)1 above shall be grouped according to their county and planning region of
				origin;
3. The projected rate of growth
				in the population under age 20 in each planning region shall be calculated using the
				most recent New Jersey Department of Labor population projections, covering the five
				year period from the time a Certificate of Need application is accepted for
				processing up to the target year. The number of patients in each planning region
				requiring pediatric long-term care shall then be adjusted (that is, multiplied) by
				the aforementioned, region-specific population growth rate. The latter product shall
				then be added to the number of patients requiring pediatric long-term care in the
				planning region;
4. The projected number
				of pediatric long-term care residents in each planning region requiring care as
				derived in (c)3 above, shall then be adjusted (that is, divided by a factor of .85)
				to allow for a projected occupancy rate of at least 85 percent.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33H - CERTIFICATE OF NEED: POLICY MANUAL FOR LONG TERM CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 8:33H-1.6 - Specialized long-term care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes of
				this chapter, specialized long-term care shall include the following categories:
1. Ventilator care for adult patients;
				and
2. Care of residents with severe
				behavior management problems, such as combative, aggressive, and disruptive
				behaviors.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33H - CERTIFICATE OF NEED: POLICY MANUAL FOR LONG TERM CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 8:33H-1.7 - Assisted living residences and assisted living programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant for an
				assisted living residence or for an addition to an existing, licensed assisted
				living residence shall submit a Certificate of Need application for expedited
				review, in accordance with the applicable provisions of N.J.A.C. 8:33. Upon approval
				of a certificate of need, the applicant shall comply with the licensing requirements
				for assisted living residences at N.J.A.C. 8:36.
(b) The applicant for an assisted living program
				shall submit a Certificate of Need application for expedited review, in accordance
				with the applicable provisions of N.J.A.C. 8:33. Each licensed assisted living
				program office site may provide services in an area that covers no more than two
				contiguous counties. An applicant may establish and license sufficient sites to
				provide services for multiple counties, up to and including a Statewide service
				area. Upon approval of a certificate of need, the applicant shall comply with
				licensing requirements for assisted living programs at N.J.A.C. 8:36.
(c) Applicants who own, operate, or manage any
				licensed health care facilities in New Jersey or other states shall have their track
				record evaluated in accordance with the requirements in
				8:33H-1.14.
(d) Certificate of Need applications submitted
				subsequent to the time that Medicaid reimbursement for assisted living residences
				becomes generally available beyond the limited number of slots authorized under the
				Medicaid waiver to section 1915(c) of the Social Security Act,
				42 U.S.C. §
										1396n shall include a statement of commitment to
				provide access and continuity of care for Medicaid-eligible patients, including
				former psychiatric patients, who need nursing home level care.
(e) In accordance with
				26:2H-12.1 6, a new facility that is
				licensed to operate as an assisted living residence on or after August 31, 2001,
				shall reserve 10 percent of its total bed complement for use by Medicaid-eligible
				persons.
1. The 10 percent utilization by
				Medicaid-eligible persons shall be met through Medicaid conversion of persons who
				enter the assisted living residence as private paying persons and subsequently
				become eligible for Medicaid, or through direct admission of Medicaid-eligible
				persons.
2. An assisted living residence
				shall achieve this 10 percent Medicaid utilization within three years of licensure
				to operate and shall maintain this level of Medicaid utilization
				thereafter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33H - CERTIFICATE OF NEED: POLICY MANUAL FOR LONG TERM CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 8:33H-1.9 - Size and occupancy of nursing homes and nursing units

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The targeted annual
				occupancy rate for nursing homes should be 90 percent.
1. Certificate of Need applicants proposing the
				addition of long-term care beds at nursing homes with an annual occupancy rate of
				less than 90 percent of the licensed bed capacity for the most recent calendar year
				shall not be approved.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33H - CERTIFICATE OF NEED: POLICY MANUAL FOR LONG TERM CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 8:33H-1.10 - Comprehensive personal care homes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to improve
				the utilization of readily available residential health care and "Class C" boarding
				home beds, to give current residents of these facilities the opportunity to age in
				place, and to improve access to care for many hospitalized patients and others who
				need long-term care placements, the Department shall give consideration to the
				conversion of residential health care facilities and "Class C" boarding homes to
				comprehensive personal care homes. The Department aims to preserve and promote the
				residential atmosphere of these settings, while enhancing the level of care and
				services they may provide, in accordance with the licensure standards at N.J.A.C.
				8:36. Furthermore, in the case of hospice, the Department aims to promote the
				establishment of comprehensive personal care homes to serve terminally ill persons
				who lack adequate caregiving support to meet their needs while residing at
				home.
(b) The applicant for a
				comprehensive personal care home shall submit a Certificate of Need application for
				expedited review, in accordance with the applicable provisions of N.J.A.C.
				8:33.
(c) Eligibility for the
				construction of new comprehensive personal care beds shall be open exclusively to
				the following:
1. Existing comprehensive personal
				care homes and existing facilities proposing conversion to a comprehensive personal
				care home that wish to add a limited number of beds. Within any five year period
				commencing at the time of licensure, the new construction of no more than 20 beds as
				an addition to an existing or proposed comprehensive personal care home may be
				considered for Certificate of Need approval.
i.
				Applicants who wish to add more than 20 beds shall apply for approval as an assisted
				living residence.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33H - CERTIFICATE OF NEED: POLICY MANUAL FOR LONG TERM CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 8:33H-1.11 - Statewide restricted admissions facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant
				proposing a new or expanded nursing home which meets the definition of a restricted
				admissions facility in NJ.A.C. 8:33H-1.2 shall state this fact in the Certificate of
				Need application and shall provide documentation that the following criteria are
				met:
1. The facility's bylaws explicitly state
				that only members of the specified religious or fraternal organization and their
				immediate family members will be admitted to 100 percent of the long-term care beds;
				and
2. At least 50 percent of the
				facility's residents are from outside the planning region in which the facility is
				located.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33H - CERTIFICATE OF NEED: POLICY MANUAL FOR LONG TERM CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 8:33H-1.13 - Conversion or elimination of licensed or Certificate of Need approved beds or services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants proposing
				to convert any licensed beds shall submit schematic plans with a floor layout of the
				facility, illustrating how the proposed conversion will be accomplished. In order to
				assure that the bed conversion can be implemented in accordance with health facility
				construction standards, it is recommended that applicants consult with the
				Department of Community Affairs, Health Care Plan Review Program, prior to
				submitting a certificate of need application. Applications for bed conversions to a
				use subject to the review schedule in
				8:33-4.1(a)  shall be
				subject to that schedule and procedures described therein. Such applications that
				are submitted without schematic plans shall be deemed incomplete.
(b) Applicants for the conversion of residential
				health care beds to long-term care beds shall follow the schedule and procedures in
				8:33-4.1(a)  and shall
				document a commitment to enabling current residents to continue occupying their
				assigned beds until or unless a permanent relocation placement is requested by the
				resident.
1. The mixing of residential health care
				and long-term care beds within one or more units as a consequence of implementing a
				Certificate of Need to convert or eliminate beds may be permitted if necessary in
				order to avoid relocating or discharging residents who do not wish to
				move.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33H - CERTIFICATE OF NEED: POLICY MANUAL FOR LONG TERM CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 8:33H-1.14 - Quality of care and licensure track record requirements for long-term care, assisted living residences, programs, and comprehensive personal care homes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensure "track
				record" of an applicant shall be evaluated by the Department to determine whether
				the applicant's proposed project may be approved. The criteria for this examination
				are set forth at
				8:33-4.10(d).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33H - CERTIFICATE OF NEED: POLICY MANUAL FOR LONG TERM CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 8:33H-1.16 - Cost-efficiency and financial feasibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants for a
				Certificate of Need shall demonstrate the financial feasibility of their projects.
				This analysis should be based upon the projection of reasonable private pay and
				Medicaid charges, expenses of operation, and staffing patterns, relative to other
				facilities in the planning region in which the proposed project will be
				located.
(b) Total project cost,
				construction cost per square foot, and cost per bed shall be taken into
				consideration in the review of Certificate of Need applications.
(c) Where projected construction and operating
				costs are considerably lower or higher than the average for the planning region, as
				determined by the Department, the applicant shall provide an explanation at the
				request of the Department indicating factors contributing to said projections. This
				request for an explanation shall not be construed as an opportunity to change cost
				projections. Information regarding the most recent available facility costs in the
				health systems areas may be obtained from the Department of Community Affairs'
				Health Care Plan Review Program.
(d)
				Applicants shall describe their previous record of implementing Certificate of
				Need-approved long-term care projects, identifying each case in which a change in
				cost was requested in order to complete a project. All other things being equal,
				preference shall be given to approving applicants with a history of realistically
				projecting construction costs in their Certificate of Need applications, as
				reflected in the number and magnitude of previous requests for a change in
				cost.
(e) Applicants shall provide
				evidence in their financial projections that income generated by operation of the
				facility will be sufficient to provide care to the percentage of Medicaid-eligible
				or indigent residents specified in the application, or in accordance with
				8:33H-1.15 whichever is
				greater.
(f) Applicants shall provide
				verification of the availability of at least 10 percent of the total project cost,
				including all financing and carrying costs, in the form of equity.
(g) As a condition of approval, applicants shall
				agree to make reasonable efforts to obtain the least cost financing
				available.
(h) Applicants proposing to
				add long-term care beds in an existing facility or to add long-term care beds in the
				course of replacing an existing facility shall provide documentation that the added
				beds will improve the efficient operation of the facility, reducing unit costs of
				care per resident.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33H - CERTIFICATE OF NEED: POLICY MANUAL FOR LONG TERM CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 8:33H-1.17 - Environmental and physical plant considerations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Health care
				facilities shall be designed and constructed in such a manner as to eliminate
				architectural barriers to care.
(b)
				Prior to submitting a Certificate of Need application, applicants proposing
				specialized long-term care beds shall consult with the Department of Community
				Affairs' Health Care Plan Review Program regarding the architectural design and
				construction of such projects. In addition to the standard construction requirements
				for nursing homes, the following shall be required:
1. Specialized care units approved for ventilator
				care shall have piped-in oxygen, suction equipment, emergency electrical outlets,
				and additional square footage for ventilator equipment and supplies;
2. Pediatric nursing home units shall include a
				play room or recreation room and suitable, adaptable space for educational uses such
				as tutoring; and
3. Specialized care
				units for residents with severe behavior management problems shall provide easy
				access to a protected outdoor area, such as a courtyard, patio, or garden.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33H - CERTIFICATE OF NEED: POLICY MANUAL FOR LONG TERM CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 8:33H-1.18 - Location of facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant shall
				describe the proposed site of a project and the immediate surrounding community,
				identifying how the site is currently zoned and providing a timetable for securing
				any and all necessary zoning and land use approvals. The construction of new or
				replacement facilities proposed to be located on sites which are currently zoned for
				heavy industrial use shall not be approved.
1.
				Applicants should not enter into costly land use or zoning approval procedures prior
				to receiving an approved Certificate of Need.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33H - CERTIFICATE OF NEED: POLICY MANUAL FOR LONG TERM CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 8:33H-1.20 - Relationship between licensure and certificate of need requirements

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of N.J.A.C. 8:39, Licensing Standards for
				  Long-Term Care Facilities and N.J.A.C. 8:36, Standards for Licensure of Assisted
				  Living Residences, Comprehensive Personal Care Homes and Assisted Living Programs
				  are hereby incorporated by reference. Applicants receiving certificate of need
				  approval under the provisions of this chapter shall comply with all applicable
				  licensing requirements of N.J.A.C. 8:39 and 8:36.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33Q - TRANSPLANTATION SERVICES › Subchapter 1 - ORGAN TRANSPLANTATION SERVICES › Section 8:33Q-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to set forth certificate of
				  need requirements for new and existing kidney, heart, liver or pancreas
				  transplantation services in the State of New Jersey, in accordance with Federal and
				  State law and policy. The requirements were developed by the Department for the
				  purpose of assuring the orderly development of needed organ transplant services of
				  the highest quality, efficiently provided and utilized.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33Q - TRANSPLANTATION SERVICES › Subchapter 1 - ORGAN TRANSPLANTATION SERVICES › Section 8:33Q-1.2 - General criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants for organ
				transplantation services shall have a formal graduate medical education program with
				accredited residencies and/or fellowships already in place for internal medicine and
				general surgery. Heart transplant centers shall have cardiology fellowships and
				preference will be given to those who also have a cardio-thoracic fellowship
				program. The applicant shall document the ability to implement a program of
				continuing education and training for the following groups: nurses, technicians,
				service personnel, and other hospital staff.
(b) A new transplantation program shall achieve
				and maintain institutional membership in the national organ Procurement and
				Transplantation Network currently operating as the United Network for Organ Sharing
				(UNOS) within one year of certificate of need approval.
(c) New programs shall be reviewed by the
				Department of Health and Senior Services within two years of initiation. If minimum
				performance standards of this subchapter are not met within three years from program
				initiation, the license may be revoked or not renewed.
(d) Priority consideration will be given to
				applicants that propose to provide organ transplantation service within the
				facility's current capacity.
(e) As of
				November 18, 2002, existing and new licensed kidney transplantation programs shall
				be permitted to initiate pancreas transplantation services through a licensure and
				inspection process without additional certificate of need review.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33Q - TRANSPLANTATION SERVICES › Subchapter 1 - ORGAN TRANSPLANTATION SERVICES › Section 8:33Q-1.3 - Performance standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant for a
				kidney, heart, liver or pancreas transplant service shall have an institutional plan
				with the capability and commitment to perform the following minimum transplant
				procedures annually by the end of the second full year of operation:
1. Kidney: a minimum of 25 procedures;
2. Heart: a minimum of 12 procedures;
3. Liver: a minimum of 15 procedures;
				and
4. Pancreas: a minimum of 15
				procedures.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33Q - TRANSPLANTATION SERVICES › Subchapter 1 - ORGAN TRANSPLANTATION SERVICES › Section 8:33Q-1.4 - Personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The transplant
				program shall have on site at least one transplant surgeon and one transplant
				physician who are clinical members of the National Organ Procurement Transplantation
				Network, currently operating as the United Network for Organ Sharing (UNOS), for the
				applicable organ, who are qualified as follows:
1.
				The transplant surgeon shall have a minimum of one year formal training or
				equivalent experience during residency, and one year of experience at a transplant
				program meeting UNOS membership criteria in the area of transplantation in which he
				or she plans to practice. In lieu of one year formal training and one year of
				experience, three years of experience with a transplant program meeting criteria for
				institutional membership in UNOS is acceptable. For kidney transplantation, the
				surgeon shall have certification by either the American Board of Surgery, the
				American Board of Urology or its equivalent. For liver and pancreas transplantation,
				the surgeon shall have American Board of Surgery certification or its equivalent.
				For heart transplantation, the surgeon shall be certified by the American Board of
				Thoracic Surgery or its equivalent. The transplant surgeon must have been the
				primary surgeon on a minimum of 10 transplants performed within the past two
				years.
2. The transplant physician shall
				be a physician with an M.D. or D.O. degree, or equivalent degree from another
				country, who is licensed to practice medicine in New Jersey and has been accepted on
				the medical staff of the applicant hospital. He or she shall be Board Certified in
				internal medicine or pediatrics. He or she shall have at least one year of
				specialized formal training in transplantation medicine or a minimum of two years
				documented experience in transplantation medicine with a transplant program that
				meets the qualifications for membership in UNOS. For renal transplantation, the
				transplant physician shall be Board Certified or Board Qualified in the subspecialty
				of nephrology. In general, a transplant physician shall be Board Certified or Board
				Qualified in the subspecialty of the transplanted organ. However, a transplant
				physician with extensive experience in transplantation of one organ may qualify as a
				transplant physician for another organ if organ-specific subspecialists also
				participate in patient selection and post-transplant patient care.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33Q - TRANSPLANTATION SERVICES › Subchapter 1 - ORGAN TRANSPLANTATION SERVICES › Section 8:33Q-1.5 - Certification of nondiscriminatory practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every facility
				applying to provide or providing solid organ transplant services pursuant to this
				subchapter shall provide the Department with, and shall maintain current, a written
				certification of compliance with all Federal and State laws regarding
				nondiscrimination in the admission and/or treatment of patients as those laws may be
				amended from time to time.
(b) The
				applicant shall establish written procedures for selecting transplant candidates and
				distributing organs in a fair and equitable manner. Selection criteria shall
				incorporate and comply with National Organ Procurement and Transplantation Network
				organ allocation priorities that are based on objective medical criteria, including
				medical urgency and time on the waiting list. These criteria shall be included in
				the certificate of need application.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33Q - TRANSPLANTATION SERVICES › Subchapter 1 - ORGAN TRANSPLANTATION SERVICES › Section 8:33Q-1.6 - Physical requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The transplant beds
				shall be located in an environment that will afford the patient privacy, quiet, and
				protection from infection while providing visual access. An isolation room, designed
				to minimize infection hazards of or from the patient, shall be made available for
				each transplant patient. Each isolation room shall contain only one bed and shall
				comply with acute-care patient room standards (Guidelines for Construction and
				Equipment of Hospitals and Medical Facilities, 1992-1993 edition American Institute
				of Architects, the American Institute of Architects Press, 1735 New York Ave., N.W.,
				Washington, DC 20006, as amended and supplemented, incorporated herein by reference)
				as well as the following:
1. Room entry shall be
				through a work area that provides for aseptic control, including facilities that are
				separate from patient areas for hand washing, gowning, and storage of clean and
				soiled materials;
i. Separate enclosed anteroom(s)
				for isolation rooms are not required as a minimum but, if used, viewing panel(s)
				shall be provided for observation of each patient by staff from the
				anteroom;
ii. One separate anteroom may
				serve several isolation rooms; and
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33Q - TRANSPLANTATION SERVICES › Subchapter 1 - ORGAN TRANSPLANTATION SERVICES › Section 8:33Q-1.7 - Institutional commitment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants shall
				document that the following services will be provided by the hospital in such
				numbers and types to adequately meet the objectives of the proposed transplantation
				service:
1. Applicants shall demonstrate in the
				application the allocation of operating and recovery room resources, intensive care
				resources, surgical beds and personnel to the transplant program;
2. Each applicant shall show evidence that the
				following ancillary health support services, that include board certified
				physicians, nurses and technicians, are available on-call 24-hours daily:
i. Pediatrics, where younger recipients may be
				involved;
ii. Infectious
				disease;
iii. Nephrology with approved
				end stage renal disease dialysis capability;
iv. Pulmonary medicine with respiratory therapy
				support;
v. Pathology;
vi. Immunology;
vii. Anesthesiology;
viii. Physical therapy;
ix. Pharmacology;
x. Radiology; and
xi. Nutrition;
3. Each center shall have access to the services
				of a laboratory certified under the National Organ Transplant Act, or a written
				agreement that such services will be available within 90 days of certificate of need
				approval;
4. The applicant shall have
				immediate access on site, or by contract, within 90 days of certificate of need
				approval, to laboratory facilities capable of virology, cytology, microbiology and
				monitoring of immunosuppressive drugs;
5. The applicant shall document blood bank support
				with the capacity to supply blood components for the number of transplants that are
				projected, the ability to irradiate blood components, and to ensure the availability
				of a blood separator and central blood storage;
6. The applicant shall document the availability
				on site or by contractual arrangement of the psychiatric and social support services
				essential for the total care of transplant recipients and for helping families cope
				with the transplant experience; and
7.
				As part of the hospital's quality assurance program, the transplantation service
				shall present and implement a system for evaluating the quality and appropriateness
				of patient care and patient outcomes, including survival rates and any
				complications.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33Q - TRANSPLANTATION SERVICES › Subchapter 1 - ORGAN TRANSPLANTATION SERVICES › Section 8:33Q-1.8 - Compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Certificate of need
				applicants for new transplantation services shall document the ability to meet
				minimum standards and criteria contained in this subchapter within three years from
				the initiation of the service and for each year thereafter. Failure to achieve the
				minimum level by the end of the second year of operation will result in notification
				of Department of Health and Senior Services intention to rescind certificate of need
				approval and move for licensing sanctions that may include closure of the service.
				The inability to achieve minimum utilization levels during the third year of
				operation or thereafter may result in rescission of the certificate of need or
				licensing sanctions.
(b) Existing
				transplantation services shall meet the minimum criteria and standards contained in
				this subchapter. Existing providers failing to achieve the minimum utilization
				standards specified in this subchapter by November 19, 1991 and each year thereafter
				will be subject to licensing or reimbursement sanctions that may include closure of
				the service.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33Q - TRANSPLANTATION SERVICES › Subchapter 1 - ORGAN TRANSPLANTATION SERVICES › Section 8:33Q-1.9 - Performance data reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Because transplant
				activity and outcome data for each center will be a means of determining continuing
				certification, each service shall maintain performance reports for submission to the
				Department of Health and Senior Services annually.
(b) Minimum data maintained shall describe
				transplants performed, including, but not limited to:
1. Age, race, sex, and ability to pay of those on
				the waiting list;
2. Numbers and types
				of procedures;
3. Patient and graft
				survival rates over varying periods of time by age, sex and race;
4. Patient charges; and
5. Source(s) of payment.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 34 - RULES FOR LICENSING NURSING HOME ADMINISTRATORS AND RULES REGULATING THE NURSING HOME ADMINISTRATORS LICENSING BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 8:34-1.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter contains rules for licensing
				nursing home administrators and rules regulating the operation of the Nursing Home
				Administrators Licensing Board promulgated pursuant to the authority of
26:2H-27
and 28 and
				
										30:11-11 et seq.
(b) This chapter applies to all individuals who
				seek to secure a New Jersey license as a nursing home administrator, all individuals
				who currently are licensed and all individuals who are in inactive status.
(c) The purpose of this chapter is to set forth
				education, experience and continuing education requirements, and disciplinary
				processes applicable to individuals acting as administrators of nursing homes to
				assure safe and adequate treatment of all individuals in nursing homes.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 34 - RULES FOR LICENSING NURSING HOME ADMINISTRATORS AND RULES REGULATING THE NURSING HOME ADMINISTRATORS LICENSING BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 8:34-1.3 - Scope of individual practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of
				practice of a licensed nursing home administrator is overseeing the provision of
				physical and emotional health services for persons who require various therapeutic
				and protective measures in a supervised environment in which the persons
				reside.
(b) A licensed nursing home
				administrator performs functions including, but not limited to, ensuring quality
				resident care management, personnel management, financial management, environmental
				management, regulatory management, organizational management, marketing and
				community and public relations.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 34 - RULES FOR LICENSING NURSING HOME ADMINISTRATORS AND RULES REGULATING THE NURSING HOME ADMINISTRATORS LICENSING BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 8:34-1.4 - Scope of administrator responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed
				administrator is responsible for the administrative functions of a nursing home to
				assure that the nursing home is operated at all times in compliance with N.J.A.C.
				8:39, Licensing Standards for Long-Term Care Facilities, and all other applicable
				State and Federal rules, regulations and laws.
(b) In a nursing home where a licensed
				administrator has both administrative and other functions, the nursing home shall
				maintain time schedules, which delineate clearly the specific hours spent by the
				administrator in each function.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 34 - RULES FOR LICENSING NURSING HOME ADMINISTRATORS AND RULES REGULATING THE NURSING HOME ADMINISTRATORS LICENSING BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 8:34-1.5 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that any provision of these rules is declared
				  unconstitutional or invalid, or the application thereof to any person or
				  circumstance is held invalid, the applicability of such provision to other persons
				  and circumstances and the constitutionality or validity of every other provision of
				  these rules shall not be affected thereby.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 34 - RULES FOR LICENSING NURSING HOME ADMINISTRATORS AND RULES REGULATING THE NURSING HOME ADMINISTRATORS LICENSING BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 8:34-1.6 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After due
				consideration, the Department, upon recommendation from the Board, may waive any
				provisions of this chapter for good cause, if such a waiver would not endanger the
				health, safety, or welfare of residents in a nursing home.
(b) An individual seeking a waiver of the
				provisions in this chapter shall apply in writing to the Executive Director of the
				Board.
(c) A written application for
				waiver shall include the following:
1. The nature
				of the waiver requested;
2. The specific
				provision for which a waiver is requested;
3. Reasons for requesting a waiver;
4. An alternative proposal which would ensure the
				health and safety of the residents; and
5. Documentation to support the waiver
				application.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 34 - RULES FOR LICENSING NURSING HOME ADMINISTRATORS AND RULES REGULATING THE NURSING HOME ADMINISTRATORS LICENSING BOARD › Subchapter 2 - NURSING HOME ADMINISTRATORS LICENSING BOARD › Section 8:34-2.1 - General powers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A majority of the currently serving membership
				of the Board shall constitute a quorum for the transaction of business at any
				meeting.
(b) The Board shall be
				responsible for determining the minimum eligibility requirements to take the nursing
				home administrator licensing examination.
(c) The Board may recommend to the Commissioner
				the assessment of a civil penalty, in accordance with
30:11-26
and
8:34-8.2(b)
against a nursing home administrator for violation of,
				or failure to comply with, any order or rule issued or adopted by the Board, or any
				provision of this chapter.
(d) The Board
				shall maintain a registry of all licensed nursing home administrators and a registry
				of applicants for licensure.
(e) The
				Board shall elect annually from among its members a chair and a vice-chair. If the
				chair is not available to conduct the Board meeting, the vice-chair shall conduct
				the meeting.
(f) If the chair is not a
				licensed nursing home administrator, the vice-chair shall be a licensed nursing home
				administrator.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 34 - RULES FOR LICENSING NURSING HOME ADMINISTRATORS AND RULES REGULATING THE NURSING HOME ADMINISTRATORS LICENSING BOARD › Subchapter 2 - NURSING HOME ADMINISTRATORS LICENSING BOARD › Section 8:34-2.2 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any complaints, statements, information, or
				documents obtained or prepared by the Board shall be deemed confidential and not
				subject to public disclosure during the course of an investigation to determine
				whether a violation of this chapter or other state or Federal law or regulation has
				occurred, except as necessary for the Board to conduct the investigation.
(b) The Board's discussion regarding an
				investigation shall be held in executive session and shall not be subject to public
				disclosure.
(c) The identity of a
				complainant shall be kept confidential.
(d) Upon the issuance of a determination by the
				Board, and the receipt of same by the licensee, or 30 days after mailing of same,
				whichever is sooner, any documents contained in the licensee's file related to the
				disciplinary action shall be subject to the requirements of the Open Public Records
				Act,
47:1A-1
et seq., and any other
				applicable laws and regulations.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 34 - RULES FOR LICENSING NURSING HOME ADMINISTRATORS AND RULES REGULATING THE NURSING HOME ADMINISTRATORS LICENSING BOARD › Subchapter 3 - LICENSE REQUIREMENTS › Section 8:34-3.1 - Requirements for license by examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for a
				license as a nursing home administrator shall:
1.
				Be at least 21 years of age;
2. Be a
				citizen of the United States or have declared the intent to become same;
3. Have, at a minimum, a baccalaureate degree from
				an institution of higher learning;
4.
				Have served as an administrative intern in a nursing home with no fewer than 60 beds
				for at least 1,750 hours at a rate of no more than 50 hours per week.
i. This service may have been performed on a
				part-time basis;
ii. This service shall
				not have been completed more than two years prior to the submission of the
				application for examination;
5. Have successfully completed 100 seminar or
				course hours in areas relevant to long term care administration as determined by the
				Board;
6. Be of good moral character as
				required in 30:11-13; and
7. Have passed an examination approved by the
				Board for the licensing of nursing home administrators.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 34 - RULES FOR LICENSING NURSING HOME ADMINISTRATORS AND RULES REGULATING THE NURSING HOME ADMINISTRATORS LICENSING BOARD › Subchapter 3 - LICENSE REQUIREMENTS › Section 8:34-3.2 - Application procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for a
				license as a nursing home administrator shall submit the following to the Board:
1. A completed application in the form at Appendix
				A, incorporated herein by reference;
2.
				Declaration of intent to become a citizen, if applicable;
3. A non-refundable licensure application fee as
				set forth in 8:34-9.1(a)1;
4. An official transcript from an accredited
				college or university;
5. Three
				references attesting to the applicant's administrative ability and character from
				professionals who are not related to the applicant, nor who have been, or currently
				are, a client in a business relationship with the applicant. The current preceptor
				of the applicant may submit a reference on behalf of the applicant, but that
				reference shall be in addition to the required three references;
6. Documentation of administrative experience
				identified at 8:34-4.1(a);
7. Documentation of successful completion of 100
				course hours identified at
				8:34-3.1(a)5;
8. Documentation of involvement on the part of the
				applicant in disciplinary proceedings with a licensure board or governmental agency
				in any jurisdiction the applicant is, or has been, licensed as an administrator, and
				where, as a result of that proceeding, a sanction of at least the level of a written
				warning was imposed on the administrator, if applicable;
9. Documentation of any offense in violation of
				State or Federal law; and
10. A signed,
				notarized statement on the application by the applicant indicating that the
				statements and documents are true and correct.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 34 - RULES FOR LICENSING NURSING HOME ADMINISTRATORS AND RULES REGULATING THE NURSING HOME ADMINISTRATORS LICENSING BOARD › Subchapter 4 - ADMINISTRATIVE EXPERIENCE REQUIREMENT › Section 8:34-4.1 - Administrative intern experience requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for
				licensure shall comply with
				8:34-3.1(a)4  for
				administrative intern experience through participation or employment in one of the
				following:
1. An administrative intern training
				program that meets the requirements identified at
				8:34-4.2; or
2. An assistant administrator position that meets
				the requirements identified at
				8:34-4.2 with the following conditions:
i. The applicant shall have the equivalent of one
				year full-time or two years part-time administrative experience as an assistant
				administrator, totaling 1,750 hours in a nursing home with no fewer than 60 beds,
				within the two-year period immediately prior to submission of an application;
				and
ii. The Board approves the job
				description and the organizational chart for the specific position, in accordance
				with the requirements of this chapter; and
iii. The administrator submits documentation to
				the Board verifying the performance record of the assistant administrator for the
				1,750-hour experience requirement.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 34 - RULES FOR LICENSING NURSING HOME ADMINISTRATORS AND RULES REGULATING THE NURSING HOME ADMINISTRATORS LICENSING BOARD › Subchapter 4 - ADMINISTRATIVE EXPERIENCE REQUIREMENT › Section 8:34-4.2 - Administrative intern training program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall
				review an administrative intern training program prior to an individual beginning a
				program and shall approve the program if the program complies with (b) through (g)
				below and is:
1. Conducted in a nursing home with
				no fewer than 60 beds;
2. Under a
				preceptor of whom the Board has approved in accordance with
				8:34-4.3;
3. For a period of 1,750 hours, or as required by
				the Board after evaluation of an applicant's education and experience based upon the
				requirements contained in this chapter; and
4. With a minimum of 875 hours, or half of the
				hours required by the Board, served while a licensed administrator is on the
				premises of the nursing home.