reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31B - HOSPITAL FINANCIAL REPORTING › Subchapter 4 - FINANCIAL ELEMENTS AND REPORTING › Part II - GENERAL GUIDANCE › Section 8:31B-4.117 - Residents (RSD)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Function:
1. The residents cost center includes graduate
				  medical education which provides an organized program of graduate medical clinical
				  education to interns and residents. To be approved, a medical residency training
				  program must be approved by the Liaison Committee on Graduate Medical Education or,
				  in the case of Osteopathic residencies, approved by the Committee on Hospitals of
				  the Bureau of Professional Education of the American Osteopathic Association.
				  Residency programs in the field of dentistry in a hospital must have the approval of
				  the Council on Dental Education of the American Dental Association. Included here
				  are expenses related to the office of the Director of Medical Education and the
				  housing and board of residents. Non-approved education costs and revenue should be
				  reported per 8:31B-4.62 through 4.66. Expenses
				  associated with fellowships are to be included in the Education and Research (EDR)
				  center.
2. Functions include selecting
				  qualified students, providing education in theory and practice conforming to
				  approved standards; maintaining student personnel records; counseling of students
				  regarding professional, personal and education problems; and assigning and
				  supervising students.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31B - HOSPITAL FINANCIAL REPORTING › Subchapter 4 - FINANCIAL ELEMENTS AND REPORTING › Part II - GENERAL GUIDANCE › Section 8:31B-4.118 - Administrative and General (A and G)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Function:
1. Administrative and General services are those
				  services associated with the overall direction and administration of the institution
				  at all levels. Expenses and revenues directly associable with services not related
				  to patient care (for example, data processing services sold to outside
				  organizations, administrative personnel responsible for the operation of skilled
				  nursing facilities, and other exclusions) should be reported as reconciliations per
				  8:31B-4.62 through 4.66. Detailed
				  reporting of certain administrative services should be provided per
				  8:31B-4.131.
2. Administrative and General Services include:
i. Governing Board;
ii. Office of Hospital Administrator Medical
				  Administration;
iii. Medical
				  Administration;
iv. Nursing
				  Administration (persons responsible for more than one functional center);
v. Personnel;
vi. Public Relations;
vii. Communications;
viii. Management Engineering;
ix. Health Sciences Library;
x. Auxiliary Groups;
xi. Travel;
xii. Purchasing and Stores;
xiii. Motor Pool;
xiv. Postage;
xv. Medical Library;
xvi. Medical Photography and
				  Illustration;
xvii. Licenses and Taxes
				  (other than income taxes and payroll taxes);
xviii. Insurance (other than Malpractice and
				  Employees Fringe Benefits);
xix.
				  Security;
xx. Planning;
xxi. Professional Association
				  Memberships;
xxii. Legal and Audit
				  Fees;
xxiii. Duplicating and Printing;
				  and
xxiv. Collection Agency
				  Costs.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31B - HOSPITAL FINANCIAL REPORTING › Subchapter 4 - FINANCIAL ELEMENTS AND REPORTING › Part II - GENERAL GUIDANCE › Section 8:31B-4.119 - Fiscal (FIS)

Current through Register Vol. 56, No. 14, July 15, 2024
Fiscal includes Admitting and Outpatient registration,
					 cashiering (excluding cafeteria), patient billing and receivables (including
					 outpatients), financial administration and controllership, data processing (as it
					 relates to these functions), payroll, accounts payable, general ledger, budgets and
					 reimbursement, fund accounting and internal audit.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31B - HOSPITAL FINANCIAL REPORTING › Subchapter 4 - FINANCIAL ELEMENTS AND REPORTING › Part II - GENERAL GUIDANCE › Section 8:31B-4.121 - Malpractice Insurance (MAL)

Current through Register Vol. 56, No. 14, July 15, 2024
Function: Malpractice Insurance should include the
					 institution's total premium or self-insurance cost for hospital and professional
					 liability coverage. No other type of insurance coverage is to be included
					 here.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31B - HOSPITAL FINANCIAL REPORTING › Subchapter 4 - FINANCIAL ELEMENTS AND REPORTING › Part II - GENERAL GUIDANCE › Section 8:31B-4.124 - Utilities Cost (UTC)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Function:
1. The center should be used to account for all
				  utility costs such as electricity, gas, oil, disposal services and water. A
				  breakdown of the cost and source of these utilities should be provided per
				  8:31B-4.131.
2. Telephones are not considered utilities and
				  thus such costs and revenues are not to be reported in this center. Costs associated
				  with utilities provided to buildings and areas not involved in patient care are to
				  be excluded and reported as reconciliations per instructions in
				  8:31B-4.62 through 4.66 and N.J.A.C.
				  8:31B-4, Part VI.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31B - HOSPITAL FINANCIAL REPORTING › Subchapter 4 - FINANCIAL ELEMENTS AND REPORTING › Part II - GENERAL GUIDANCE › Section 8:31B-4.125 - Interest (INT)

Current through Register Vol. 56, No. 14, July 15, 2024
The interest cost center includes the total cost of interest
					 incurred by the institution. All interest costs related to the acquisition of
					 institutional facilities should be reported as facilities interest. Working capital
					 interest is reported as other expense in this cost center. Interest not applicable
					 to services related to patient care (for example, rental of apartments) should be
					 reported as reconciliations per N.J.A.C. 8:31B-4, Part IV and
					 8:31B-4.131.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31B - HOSPITAL FINANCIAL REPORTING › Subchapter 4 - FINANCIAL ELEMENTS AND REPORTING › Part II - GENERAL GUIDANCE › Section 8:31B-4.126 - Legal Fringe Benefits (LFB)

Current through Register Vol. 56, No. 14, July 15, 2024
The Legal Fringe Benefits cost center should include the cost
					 of all employee benefits required by law such as: FICA-OASDI, FICA-Medicare,
					 worker's compensation, unemployment compensation and disability insurance.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31B - HOSPITAL FINANCIAL REPORTING › Subchapter 4 - FINANCIAL ELEMENTS AND REPORTING › Part II - GENERAL GUIDANCE › Section 8:31B-4.127 - Pensions (PEN)

Current through Register Vol. 56, No. 14, July 15, 2024
The Pensions cost center should include the cost of all
					 pensions and annuity plans for hospital employees.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31B - HOSPITAL FINANCIAL REPORTING › Subchapter 4 - FINANCIAL ELEMENTS AND REPORTING › Part II - GENERAL GUIDANCE › Section 8:31B-4.128 - Policy Fringe Benefits (PFB)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Policy and
				  Fringe Benefits cost center should include the cost of all employee benefits granted
				  by institution policy, excluding pension costs, such as: medical insurance, life
				  insurance, other employee related insurance (excluding malpractice), deferred
				  compensation, tuition reimbursement and other employee recognition
				  programs.
(b) Employee Health Insurance
				  includes all premium payments and associated costs with union or group health
				  insurance for employees. Hospitals which self-insure for employees, health insurance
				  should report no insurance costs in this cost center; however, deductions from
				  operating revenue for personnel health programs are to be reported by cost
				  center.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31B - HOSPITAL FINANCIAL REPORTING › Subchapter 4 - FINANCIAL ELEMENTS AND REPORTING › Part II - GENERAL GUIDANCE › Section 8:31B-4.129 - Reconciling Items (RIT)

Current through Register Vol. 56, No. 14, July 15, 2024
The Reconciling Items cost center should include the difference
					 between total institutional costs from the hospitals' certified financial statements
					 and the cost of services related to hospital patient care. The costs of services not
					 related to patient care should also be reported as reconciliations per N.J.A.C.
					 8:31B-4 and 8:31B-4.131.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31B - HOSPITAL FINANCIAL REPORTING › Subchapter 4 - FINANCIAL ELEMENTS AND REPORTING › Part II - GENERAL GUIDANCE › Section 8:31B-4.131 - Financial elements report

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner of Health shall approve Financial Elements
					 report forms, also known as Acute Care Hospital Cost Reports, and reporting
					 instructions consistent with the five Parts of the Financial Elements and Reporting
					 Regulations for completion by all New Jersey hospitals. The Commissioner may refine
					 these report forms for research purposes by adding, modifying, or changing cost
					 centers. Hospitals shall submit information on these forms electronically in a
					 format compatible with Department specifications.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31B - HOSPITAL FINANCIAL REPORTING › Subchapter 5 - STANDARDS FOR HOSPITAL NOTIFICATION REGARDING OFFSET OF MEDICAID PAYMENTS AND CHARITY CARE SUBSIDY PAYMENTS TO COLLECT HOSPITAL DEBTS DUE TO THE STATE › Section 8:31B-5.1 - Hospital notification regarding offset

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division of
				Medical Assistance and Health Services in the Department of Human Services, upon
				receipt of documentation from the Department, will apply an offset to a hospital's
				Medicaid payments to collect delinquent statutory and/or regulatory debts owed by
				the hospital to the State.
(b) On the
				10th day after the due date, the Department shall send each hospital that is
				delinquent in paying its statutory and/or regulatory debt a notice of intent to
				initiate an offset to its Medicaid payments.
(c) If the Department receives a payment from a
				hospital for the delinquent amount after an offset has been initiated, the amount of
				offset shall be applied to any statutory debts owed by the hospital to the State
				within the next 30 days.
(d) The
				Department shall request the Division of Medical Assistance and Health Services to
				initiate maximum offsets until individual hospital debts are satisfied. Offset
				payment schedules may be negotiated with individual hospitals based on financial
				stability.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 8:33-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of these rules is to implement the
				provisions of the Health Care Facilities Planning Act, P.L. 1971, c.136, as amended
				by P.L. 1978, c.83, the Health Care Cost Reduction Act, P.L. 1991, c.187, the Health
				Care Reform Act, P.L. 1992, c.160, and the Certificate of Need Reform Act,
				P.L.
				1998, c. 43. These rules may
				be amended as necessary, in accordance with
				52:14B-1 et seq., the Administrative
				Procedure Act, and N.J.A.C. 1:30, Rules for Agency Rulemaking, to best implement the
				statutory provisions and to reflect changing economic and systemic conditions within
				the health care system.
(b) These rules
				apply to the initiation, construction and/or expansion of all health care facilities
				and services as identified in the Health Care Facilities Planning Act,
				26:2H-1 et seq. and/or Appendix
				Exhibits 1 through 4 of this chapter, incorporated herein by reference. Applicants
				for certificates of need are advised that the policies, standards, and criteria set
				forth in this chapter are in addition to, and not in limitation of, any other
				applicable certificate of need authorities, specifically including, but not limited
				to, those in 26:2H-1 et seq., the service-specific
				health planning rules, any applicable licensing authorities, or any specific
				conditions imposed upon facilities or services by the Commissioner in their
				particular certificate of need approvals.
(c) All inquiries regarding certificate of need
				matters should be directed to:
Office of Certificate of Need and Healthcare Facility
				  Licensure
New Jersey Department of Health
PO Box 358
Trenton, NJ 08625-0358
(609) 292-6552 and 292-7228
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 2 - APPLICABILITY OF CERTIFICATE OF NEED REQUIREMENTS › Section 8:33-2.1 - Types of review

Current through Register Vol. 56, No. 14, July 15, 2024
There will be two types of review of certificate of need
				  applications: full review, as described in
				  8:33-4.1(a), and
				  expedited review, as described in
				  8:33-4.1(b). The full
				  review process shall apply to all certificate of need applications not specifically
				  identified herein as meeting the criteria for expedited review. The review process
				  shall apply as specified in Exhibit 3 of the Appendix, incorporated herein by
				  reference.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 2 - APPLICABILITY OF CERTIFICATE OF NEED REQUIREMENTS › Section 8:33-2.2 - Determination of a health care facility or service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is incumbent upon
				all health care facilities and services to comply with the certificate of need
				requirements set forth in statute and rules promulgated pursuant thereto. If such
				automatic compliance is not forthcoming, the Commissioner, consistent with the
				"public policy of the State that access to health care services of the highest
				quality are of vital concern to the public health" (26:2H-1
				) and in accordance with the definitions of a health care facility and a health care
				service, as specified in
				26:2H-2 and
				26:2H-7, shall determine whether a
				proposed or existing system or modality of health care delivery constitutes a health
				care service or health care facility subject to certificate of need requirements. If
				so designated, such facility shall be subject to all of the provisions of the Health
				Care Facilities Planning Act (26:2H-1
				et seq.) and rules promulgated pursuant thereto.
(b) Those factors which shall be considered
				relevant as to whether a facility meets the definition of a health care facility or
				service shall include:
1. The types of health care
				service and facilities, and changes thereto, which are required to obtain
				certificate of need approval by the provisions of this subchapter;
2. The type of health care service delivered or to
				be delivered, its impact on existing health care facilities and providers and its
				potential effect on the health care delivery system;
3. The degree of complexity in terms of medical
				technology, equipment, and the medical, paramedical and administrative staffing
				required to provide the health care service; and
4. Any other factors specific to the unique
				circumstances of an individual applicant.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 3 - TYPES OF CERTIFICATE OF NEED APPLICATIONS › Section 8:33-3.1 - Initiation of health care service

Current through Register Vol. 56, No. 14, July 15, 2024
Establishment of any of the specified standard categories of
				  health care services as referenced in
				  26:2H-1 et seq., as amended and/or as
				  identified in the chapter Appendix, Exhibit 1, incorporated herein by reference, or
				  the modification, replacement or expansion of any health care service or facility,
				  regardless of the amount of capital or operating expenditures requires a certificate
				  of need except as exempted by P.L. 1992, c.160, as amended by
				  P.L.
				  1998, c. 43 or otherwise
				  exempted pursuant to this chapter. The certificate of need application shall be
				  subject to the full review or direct review process, except as provided for at
				  8:33-5.1(a).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 3 - TYPES OF CERTIFICATE OF NEED APPLICATIONS › Section 8:33-3.2 - Termination/discontinuance of service or facility and/or reduction of licensed bed capacity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any health care
				facility which has closed or substantially ceased operation of any of its beds,
				facilities or services which require a certificate of need to be initiated, for any
				consecutive two-year period, shall be required to obtain a certificate of need
				before reopening such beds, facilities or services.
(b) Voluntary closure of a facility or
				discontinuance of all of its services does not require a certificate of need, except
				that the closure of a general hospital requires a certificate of need and shall
				follow the full review process. Applications for the closure of a general hospital
				shall be accepted on the first business day of any month. Where a certificate of
				need is not required pursuant to this section, written notification shall be filed
				with the Department's Office of Certificate of Need and Healthcare Facility
				Licensure, 30 days prior to the proposed closure of a facility or discontinuance of
				all of its services. Full compliance with all applicable Department requirements
				contained in this chapter and in service-specific chapters for
				closure/discontinuance shall be required.
(c) Discontinuance of a component service of a
				health care facility or satellite emergency department shall not require a
				certificate of need where the discontinuance will not result in problems of access
				to populations historically served and is not a service, which is required to be a
				component of an inpatient health care facility. In these instances, the licensed
				entity shall notify the Department's Office of Certificate of Need and Healthcare
				Facility Licensure in writing 60 days prior to discontinuance of the service. Such
				notice shall include a rationale of why the licensed entity anticipates that
				discontinuance will not result in problems of access, including access to women's
				reproductive health services, where contextually applicable. The Department will
				notify the provider whether the proposed discontinuance requires a certificate of
				need. If a certificate of need is required, the certificate of need application
				shall follow the expedited review process set forth at
				8:33-4.1(c). The
				provider shall not discontinue the service until the Department provides notice that
				no certificate of need is required or that a certificate of need is approved, as
				applicable.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 3 - TYPES OF CERTIFICATE OF NEED APPLICATIONS › Section 8:33-3.3 - Transfer of a health care service/facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A certificate of
				need is required for a transfer of ownership of the following:
1. An entire general hospital. Applications for
				such shall follow the full review process set forth at
				8:33-4.1(a), and shall
				be accepted on the first business day of any month; and
2. A transfer that will result in a new Medicare
				provider number for the hospitals involved in the transfer. Applications for such
				shall follow the full review process set forth at
				8:33-4.1(a).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 3 - TYPES OF CERTIFICATE OF NEED APPLICATIONS › Section 8:33-3.5 - Buildings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				criteria apply to buildings:
1. Regardless of
				cost, a certificate of need is required for the establishment of a new health care
				facility unless the facility type is specifically exempted from the certificate of
				need requirement pursuant to section 19 (26:2H-7a ), as amended by
				P.L.
				1998, c. 43, or otherwise
				exempted pursuant to this chapter. The certificate of need application shall be
				subject to the full review process, except as provided for at
				8:33-5.1(a).
2. Replacement at the same site of an existing
				licensed health care facility that is subject to the certificate of need requirement
				shall be exempt from the certificate of need requirement, providing such replacement
				meets the following criteria:
i. The facility
				proposed for replacement is not licensed as a general hospital;
ii. The existing facility proposed for replacement
				is not adding beds or services within any licensure and/or health planning category
				that is subject to the certificate of need requirement to its total licensed bed or
				service complement not previously offered by the applicant at the existing facility
				already approved by the Department's Certificate of Need and Acute Care Licensure
				Program or Long Term Care Licensing and Certification Program, as
				applicable;
iii. All direct patient
				services in the existing facility shall cease operation once the replacement
				facility is licensed; and
iv. The
				replacement facility shall be located at the existing site.
3. The relocation of an entire licensed health
				care facility that is subject to the certificate of need requirement to a new site
				outside the same planning region as the existing facility site shall not be
				permitted.
4. The relocation of an
				entire licensed health care facility that is subject to the certificate of need
				requirement to a location within the same planning region requires a certificate of
				need and shall follow the expedited review process, unless the facility is otherwise
				exempt from the certificate of need requirement in accordance with these rules,
				subject to the provisions set forth at
				8:33-3.4(a)3  i through
				vii and as follows:
i. The facility proposed for
				replacement or relocation is not licensed as a general hospital;
ii. The existing facility proposed for relocation
				is not adding beds or services within any licensure and/or health planning category
				that is subject to the certificate of need requirement to its total licensed bed or
				service complement at the proposed replacement facility; and
iii. All direct patient services in the existing
				facility shall cease operation once the replacement facility is licensed.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 3 - TYPES OF CERTIFICATE OF NEED APPLICATIONS › Section 8:33-3.7 - Major moveable equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications to
				initiate full service or low risk invasive adult cardiac diagnostic services will
				only be accepted by the Department in accordance with the eligibility and
				application review criteria set forth in N.J.A.C. 8:33E. All such applications will
				be subject to the expedited certificate of need review process set forth at N.J.A.C.
				8:33-5.
(b) Addition of cardiac
				catheterization equipment by a general hospital licensed to provide full service
				invasive cardiac diagnostic services is exempt from the certificate of need
				requirement.
(c) Replacement of cardiac
				catheterization equipment is exempt from the certificate of need
				requirement.
(d) Health care equipment
				which involves new technology that is not identified in this chapter shall not be
				subject to certificate of need requirements, but shall meet the following
				requirements:
1. The new technology shall be
				directly related to an already licensed health care service for which the provider
				has obtained a certificate of need, if applicable, and is already
				licensed;
2. The provider shall provide
				the Commissioner with written notice of the intent to initiate the new technology at
				least 60 days prior to the date the provider will begin use of the
				technology;
3. The new technology shall
				have pre-market approval from the Federal Food and Drug Administration and meet all
				other applicable State and Federal legal and regulatory requirements, if
				any;
4. The provider shall use the new
				technology in accordance with guidelines approved by the Joint Commission on
				Accreditation of Health Care Organizations until such time as the Department may
				adopt licensing standards for the new technology. The provider shall comply with the
				Department's licensing standards for the new technology upon adoption of applicable
				standards; and
5. The provider shall
				agree to submit to the Department patient information and other data concerning use
				of new technology. The provider shall submit data, as specified by the Department
				until such time as the Department determines that further reporting is not
				required.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 3 - TYPES OF CERTIFICATE OF NEED APPLICATIONS › Section 8:33-3.8 - Minor moveable equipment

Current through Register Vol. 56, No. 14, July 15, 2024
Regardless of capital cost, a certificate of need shall not be
				  required for the acquisition, replacement, expansion or transfer by any person,
				  including a physician, of minor moveable equipment.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 3 - TYPES OF CERTIFICATE OF NEED APPLICATIONS › Section 8:33-3.9 - Changes in cost/scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A change in cost of
				an approved certificate of need is exempt from certificate of need review subject to
				the following:
1. The applicant shall file a
				signed certification as to the final total project cost expended for the project at
				the time of application for license for the beds/service with the Office of
				Certificate of Need and Healthcare Facility Licensure.
2. Where the actual total project cost exceeds the
				certificate of need approved total project cost and is greater than $ 1,000,000, the
				applicant shall remit the additional certificate of need application fee due to the
				Office of Certificate of Need and Healthcare Facility Licensure. The required
				additional fee shall be 0.25 percent of the total project cost in excess of the
				certificate of need approved total project cost. Certified checks, cashiers' checks
				or money orders must be made payable to Treasurer, State of New Jersey.
3. The Department shall not issue a license for
				the beds/service until the additional fee is remitted in full.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 3 - TYPES OF CERTIFICATE OF NEED APPLICATIONS › Section 8:33-3.10 - Duration of an unimplemented certificate of need

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				criteria apply to the duration of a certificate of need:
1. The certificate of need shall be valid for a
				period of five years from the date of approval, or as specifically identified in a
				call for certificate of need applications, in the applicable health planning
				regulation or other public notice issued by the Commissioner.
2. If an applicant requires an extension of time
				beyond the expiration date of the certificate of need, an application for extension
				of time shall be filed 60 days prior to the current expiration date. The application
				shall be subject to the expedited review process at
				8:33-5.1. The application shall not be
				deemed complete unless the applicant provides documentation that the project's
				financing remains in place and is sufficient to cover cost increases, and that local
				zoning and/or local building approvals have already been obtained. The application
				shall document the reasons for delays and proposed detailed time frame identifying
				the remaining time needed for the project to be approved and/or licensed by the
				Department's Office of Certificate of Need and Healthcare Facility Licensure. Where
				the Commissioner determines that the approval should be extended for an additional
				time beyond its current expiration date, he or she shall assign an expiration date,
				based on the criteria contained in (a)3 below. Where the Commissioner denies the
				request for extension, the applicant may request a hearing pursuant to the
				Administrative Procedure Act, P.L. 1968, c. 410 (52:14B-1 et seq. and 52:14F-1 et seq.)
				and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, in accordance with
				26:2H-9. Requests for a hearing shall
				be made to the Department within 30 days of receipt of notification of the
				Commissioner's action. The Department shall arrange for a hearing within 60 days of
				receipt of a request, and after such hearing the Commissioner or his or her designee
				shall furnish the applicant with the hearing examiner's written recommendations and
				reasons therefore. The Commissioner, within 30 days of receiving all appropriate
				hearing records, shall make his or her determination, which shall be a final agency
				decision.
3. If the project has not been
				licensed by the Department's Office of Certificate of Need and Healthcare Facility
				Licensure, within the original or, if applicable, extended time frame identified
				within this subchapter, the certificate of need shall automatically be deemed to be
				terminated.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 4 - THE REVIEW PROCESS › Section 8:33-4.2 - Development of applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for a
				certificate of need shall be made to the Department, in accordance with the
				requirements of this chapter, and shall be in such form and contain such information
				as the Department may prescribe.
(b) The
				certificate of need application forms are available through the following methods:
1. Electronically at the Department's "Forms"
				webpage at
http://nj.gov/health/forms
;
2. Attached at the end of this chapter as
				Appendices B through E, which are incorporated herein by reference;
3. Upon written request to:
Director
Office of Certificate of Need and Healthcare Facility
				  Licensure
New Jersey Department of Health
PO Box 358
Trenton, New Jersey 08625-0358
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 4 - THE REVIEW PROCESS › Section 8:33-4.3 - Submission of applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prospective
				applicants may obtain a certificate of need application for full review (comprised
				of forms CN-1, 3, and 4) on the Department's website at
www.nj.gov/health/forms
and shall
				submit the completed application using electronic media and 35 paper copies of the
				application to:
Office of Certificate of Need and Healthcare Facility
				  Licensure
New Jersey Department of Health
PO Box 358
Trenton, NJ 08625-0358
(609) 292-6552 or 292-7228
(b) (No change.)
(b) Below is the schedule of fees, based on total
				project costs, required when submitting any application for a certificate of need
				for the expedited, direct, or full review process. Fees shall be paid in full at the
				time applications are filed. Failure to pay the appropriate application filing fee
				in full shall cause the application not to be accepted for processing. Certified
				checks, cashiers' checks or money orders must be made payable to Treasurer, State of
				New Jersey. No cash or personal checks will be accepted. The certificate of need
				application fee shall be non-returnable, except that, if an application is submitted
				in the incorrect batch, is unresponsive to the notice issued by the Commissioner or
				inappropriately requests expedited review, it may be declared not acceptable for
				processing by the Department, in which case the filing fee will be returned.
1. Establishment of a facility or service; Change
				in the capacity of an existing facility or service; Acquisition of major moveable
				equipment:
Total Project Cost (TPC)
Fee
						Required
$ 1,000,000 or less
$ 7,500
Greater than $ 1,000,000
$ 7,500 + 0.25% of TPC
2.
Change in scope
$ 7,500
3.
Change in cost for
0.25% of additional
						project
$ 1,000,000 or more:
cost over $ 1,000,000
4.
Extension of time:
$ 7,500
5.
Transfer of ownership
$ 7,500 + 0.25% of
						total
(general hospitals only):
acquisition cost.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 4 - THE REVIEW PROCESS › Section 8:33-4.4 - Certificate of need filing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant shall
				document in the application that he or she owns the site where the facility,
				service, or equipment will be located, or has an ownership or lease option for such
				site, which option is valid at least through the certificate of need processing
				period. A duly executed copy of the deed, option or lease agreement for the site
				shall be submitted with the certificate of need application and include
				identification of site, terms of agreement, date of execution and signature of all
				parties to the transaction. If the site is optioned or leased by the applicant, a
				copy of the deed held by the current owner shall be required at the time of
				filing.
(b) One hundred percent of the
				operation of the proposed facility, service or equipment shall be accounted for in
				the certificate of need application. Each and every principal involved in the
				proposal shall be identified by name, home address and percentage of interest,
				except that, if the operation is a publicly held corporation, each and every
				principal who has a 10 percent or greater interest in the corporation shall be
				identified by name, home address and percentage of interest. Where a listed
				principal has an operating interest in another health care facility, in this or any
				other state, identification of the principal(s), the health care facilities in which
				they have an operating interest, and the nature and amount of each interest shall be
				specified.
(c) If the applicant is a
				registered corporation, the name and address of the registered agent shall be
				identified in the application.
(d) The
				operator of the proposed facility, service, or equipment shall file and sign the
				application. In the case of transfer of ownership the proposed owner/operator is
				considered to be the applicant. However, both the current owner/operator and
				proposed owner/operator shall file and sign the application.
(e) If the applicant does not comply with all of
				the provisions in (a) through (d) above, the Department shall determine the
				application to be not acceptable for processing.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 4 - THE REVIEW PROCESS › Section 8:33-4.5 - Review for completeness

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only complete
				applications shall be processed. The Department alone shall make the determination
				of the completeness status of applications. The Department shall make a decision on
				the completeness status of an application after the applicant has been given the
				opportunity to supplement the application within a specified timeframe in response
				to specific questions by the Department. The Department shall then make a decision
				on the completeness of the application. The Department shall notify the applicant of
				its determination. Upon issuing a determination that an application is complete,
				copies thereof shall be referred by the Department to the State Health Planning
				Board for review. If an application has been determined to be incomplete, the
				Department shall notify the applicant in writing citing the specific deficiencies in
				the application. The filing fee shall not be returned. The applicant may file a new
				application in the next appropriate cycle with the appropriate
				information.
(b) An application which is
				unresponsive to the notice issued by the Commissioner, or inappropriately requests
				expedited review may be declared not acceptable for processing by the Department,
				based on the standards contained in the chapter and the applicable service-specific
				chapter. The Department shall notify the applicant of this decision and the filing
				fee shall be returned.
(c) Once an
				application has been submitted to the Department, no subsequent submission of
				information shall be accepted, unless specifically requested in writing by the
				Department. Responses to all questions shall be forwarded to the Department for
				dissemination to the State Health Planning Board.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 4 - THE REVIEW PROCESS › Section 8:33-4.6 - Modification of applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless accepted by
				the Department in response to completeness questions as set forth at
				8:33-4.5(a), under no
				circumstances shall an application be modified or altered to change the number or
				category of inpatient beds, proposed services, equipment subject to a planning
				regulation, proposed operator, or change in site after the application submission
				deadline date. An applicant desiring to make such a modification or alteration shall
				be required to withdraw the application from the current cycle and submit a new
				application for the next cycle.
(b)
				Modifications not specified in (a) above, such as changes in square footage and
				change in cost, shall be permitted if such changes are in response to completeness
				questions from the Department and made prior to submission of the application to the
				review process.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 4 - THE REVIEW PROCESS › Section 8:33-4.7 - Deferral of applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant may
				request in writing a deferral for up to a total of six months for an individual
				application that is not competitive or comparatively reviewed. If the applicant
				fails to notify the Department in writing to reactivate the application within this
				time frame, a new application shall be required. An applicant may not defer an
				application submitted in a competitive or comparatively reviewed batch. If the
				applicant does not wish to proceed in the review process, the application shall be
				withdrawn.
(b) The State Health Planning
				Board or the Department may defer an individual certificate of need application
				where the application is not competitive or comparatively reviewed with other
				applications. Where projects are competitive or comparatively reviewed, the State
				Health Planning Board or the Department may defer the entire batch or only those
				projects which are competitive or comparatively reviewed. The basis for any deferral
				shall be specified in writing to the applicant. The period of deferral of an
				individual certificate of need application, all projects in a batch which are
				competitive or comparatively reviewed, or an entire batch of certificate of need
				applications may not exceed six months.
(c) An applicant may revise the deferred project
				costs to account for inflation and may be requested by the Department to submit
				additional updated information prior to reactivation of the application.
1. Reactivated applications with no changes or
				with only a change in cost may continue in the review process from the point of
				deferral.
2. Reactivated applications
				with any change in project scope shall be treated as a new application and shall
				follow the review process beginning with submission of the application to the
				Department, except that if the application is modified in a non-substantive way,
				that is, if the modification were proposed separately, it would either not require
				certificate of need review or would require only an expedited review, the
				application may continue from the point of deferral.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 4 - THE REVIEW PROCESS › Section 8:33-4.8 - Withdrawal of applications

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant may submit a written request for withdrawal of its
				  application prior to final action by the Commissioner. The certificate of need
				  filing fee shall not be returned in the event of a withdrawn application. Once an
				  action has been taken by the Commissioner, the application shall not be withdrawn.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 4 - THE REVIEW PROCESS › Section 8:33-4.9 - General criteria for review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No certificate of
				need shall be issued unless the action proposed in the application for such
				certificate is necessary to provide required health care in the area to be served,
				can be financially accomplished and licensed in accordance with applicable licensure
				regulations, will not have an adverse impact on access to health care services in
				the region or Statewide, and shall contribute to the orderly development of adequate
				and effective health care services. In making such determinations there shall be
				taken into consideration:
1. The availability of
				facilities or services which may serve as alternatives or substitutes;
2. The need for special equipment and services in
				the area;
3. The adequacy of financial
				resources and sources of present and future revenues;
4. The availability of sufficient manpower in the
				several professional disciplines; and
5.
				Other applicable requirements which are specified in any health planning rule
				adopted by the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 4 - THE REVIEW PROCESS › Section 8:33-4.10 - Specific criteria for review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for a
				certificate of need shall show how the proposed project shall promote access to low
				income persons, racial and ethnic minorities, women, disabled persons, the elderly,
				and persons with HIV infections and other persons who are unable to obtain care. In
				determining the extent to which the proposed service promotes access and
				availability to the aforementioned populations, the applicant, where appropriate,
				shall address in writing the following:
1. The
				contribution of the proposed service in meeting the health related needs of members
				of medically underserved groups as may be identified in the applicant's service
				area;
2. The extent to which medically
				underserved populations currently use the applicant's service or similar services in
				comparison to the percentage of the population in the applicant's service area which
				is medically underserved, and the extent to which medically underserved populations
				are expected to use the proposed services if approved;
3. The performance of the applicant in meeting its
				obligation, if any, under any applicable State and Federal regulations requiring
				provision of uncompensated care, community services, or access by minorities and
				handicapped persons to programs receiving Federal financial assistance (including
				the existence of any civil rights access complaints against the
				applicant);
4. How and to what extent
				the applicant will provide services to the medically indigent, Medicare recipients,
				Medicaid recipients and members of medically underserved groups;
5. The extent to which the applicant offers a
				range of means by which its service (for example, outpatient services, admission by
				house staff, admission by personal physician) will be accessible and available to a
				person;
6. The amount of charity care,
				both free and below cost service, that will be provided by the applicant;
7. Access by public or private transportation to
				the proposed project, including applicant-sponsored transportation
				services;
8. As applicable, means of
				assuring effective communication between the staff of the proposed project and
				non-English speaking people and those with speech, hearing, or visual handicaps must
				be documented; and
9. Where applicable,
				the extent to which the project will eliminate architectural barriers to care for
				handicapped individuals.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 4 - THE REVIEW PROCESS › Section 8:33-4.13 - Role of the State Health Planning Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State Health
				Planning Board shall review applications for certificates of need subject to full
				review and make recommendations to the Commissioner in accordance with all
				applicable health planning regulation.
(b) A member of the State Health Planning Board
				shall not vote on any matter before the board concerning an individual or entity
				with which the member has, or within the last 12 months has had, any substantial
				ownership, employment, medical staff, fiduciary, contractual, creditor or
				consultative relationship. A member who has or has had such a relationship with an
				individual or entity involved in any matter before the board shall make a written
				disclosure of the relationship before any action is taken by the board with respect
				to the matter and shall make the relationship public in any meeting in which action
				on the matter is to be taken. Board members with a conflict of interest shall remove
				themselves from the table and shall not participate in the discussion of the
				relevant application(s).
(c) The State
				Health Planning Board shall furnish written decisions to the Commissioner which
				provide the explicit basis for any recommendations made by the Board on certificate
				of need applications. Such written decisions shall be forwarded to the Commissioner
				within 90 days after the application is deemed complete for processing unless the
				application has been deferred pursuant to
				8:33-4.7 or because of the conduct of an
				administrative hearing regarding one of the batched applications. These written
				decisions may take the form of minutes of the State Health Planning Board.