reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 2 - LICENSURE PROCEDURES › Section 8:36-2.2 - Application for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following receipt of
				a certificate of need, any person, organization, or corporation desiring to operate
				an assisted living residence, comprehensive personal care home or assisted living
				program shall make application to the Commissioner for a license on forms prescribed
				by the Department. Such forms may be obtained from the Certificate of Need and
				Licensing Program.
(b) Any long-term
				care facility, residential health care facility, or Class "C" boarding home planning
				to provide assisted living services shall obtain licensing approval from the
				Department prior to initiating services.
(c) A copy of the assisted living residence or
				comprehensive personal care home admission agreement or other document stating the
				scope of a facility's services shall be forwarded to the Director of the Certificate
				of Need and Licensing Program for review when application for licensure is made.
				Review shall ensure that the admission agreement does not violate any requirements
				contained herein, any conditions placed on certificate of need approval, or any
				applicable State or Federal statutes. This subsection shall not apply when a
				continuing care retirement community (CCRC) contracts with its residents to provide
				assisted living pursuant to a continuing care agreement. This subsection does apply,
				however, when a CCRC provides assisted living to a person who is not a party to a
				continuing care agreement. The admission agreement shall include, but not be limited
				to, the following:
1. Proposed charges for room,
				board and all levels of service and care and for all additional services and care
				not included in the standard package of rates in accordance with
				N.J.A.C.
				8:36-6.2;
2. Specification of how and when the resident will
				be notified of any change in charges, and a statement that each resident has the
				right to request written justification of any increase in charges in accordance with
				N.J.A.C.
				8:36-6.2;
3. A statement that each resident has the right to
				appeal an involuntary discharge as specified at
				N.J.A.C.
				8:36-5.14(b); and
4. Specification of the criteria identified at
				N.J.A.C.
				8:36-5.1(d) which will be used to
				discharge residents and an explanation of how the discharge process will be
				implemented, including which facility staff will participate and the extent of
				resident participation.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 2 - LICENSURE PROCEDURES › Section 8:36-2.3 - Newly constructed or expanded facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any assisted living
				residence or comprehensive personal care home with a construction program, whether a
				certificate of need is required or not, shall submit plans to the Health Care Plan
				Review Unit, for review and approval prior to the initiation of
				construction.
(b) The licensure
				application for a newly constructed, renovated , or expanded facility shall include
				the written final release of the physical plant construction plans by the Health
				Care Plan Review Unit.
(c) Prior to
				occupying a new or renovated building, the facility shall submit a certificate of
				occupancy, issued by the local municipality, to the Health Care Plan Review Unit ,
				and shall submit the following items to the Certificate of Need and Licensing
				Program of the Department :
1. A copy of the
				certificate of occupancy; and
2. A copy
				of the letter from DCA recommending approval to the Department of the construction
				or renovation that was completed.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 2 - LICENSURE PROCEDURES › Section 8:36-2.4 - Surveys

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the written application for licensure is
				approved and the building is ready for occupancy, representatives of the Division of
				Health Facility Survey and Field Operations of the Department shall conduct a survey
				of the facility to determine if the facility adheres to the provisions of this
				chapter.
1. The facility shall be notified in
				writing of the findings of the survey, including any deficiencies found.
2. When the deficiencies, if any, have been
				corrected, the facility shall notify the Division, which shall schedule one or more
				resurveys of the facility prior to occupancy.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 2 - LICENSURE PROCEDURES › Section 8:36-2.5 - License

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A license shall be
				issued if surveys by the Department have determined that the facility is in
				substantial compliance with the requirements of this chapter, and is operated as
				required by 26:2H-1 et seq.
(b) A license shall be granted for a period of one
				year or less, as determined by the Department.
(c) The license shall be conspicuously posted in
				the facility.
(d) The license shall not
				be assignable or transferable. The license shall be immediately void if the facility
				permanently ceases to operate or if its ownership changes.
(e) The license, unless suspended or revoked,
				shall be renewed annually on the original licensure date, or within 30 days
				thereafter but dated as of the original licensure date. The facility will receive a
				request for renewal fee 30 days prior to the expiration of the license. A renewal
				license shall not be issued unless the licensure fee is received by the
				Department.
(f) The license shall not be
				renewed if local rules, regulations and/or requirements are not met, on a
				case-by-case basis.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 2 - LICENSURE PROCEDURES › Section 8:36-2.6 - Surrender of license

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall notify each resident, the resident's physician,
				  and any guarantors of payment at least 30 days prior to the voluntary surrender of a
				  license, or as directed under an order of revocation, refusal to renew, or
				  suspension of license. In such cases, the license shall be returned to the
				  Certificate of Need and Licensing Program within seven working days after the
				  voluntary surrender, revocation, non-renewal, or suspension of
				  license.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 2 - LICENSURE PROCEDURES › Section 8:36-2.7 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner or his or her designee may,
				in accordance with the general purposes and intent of
				N.J.S.A.
				26:2H-1et seq., and amendments thereto, and this
				chapter, waive sections or part of sections of these rules if, in his or her
				opinion, such waiver would not endanger the life, safety, or health of residents or
				the public.
(b) A facility seeking a
				waiver of these rules shall apply in writing to the Director of the Certificate of
				Need and Licensing Program.
(c) A
				written request for waiver shall include the following:
1. The specific rule(s) or part(s) of the rule(s)
				for which waiver is requested;
2. The
				reasons for requesting a waiver, including a statement of the type and degree of
				hardship that would result to the facility upon adherence;
3. An alternative proposal which would ensure
				resident safety; and
4. Documentation
				to support the request for waiver.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 2 - LICENSURE PROCEDURES › Section 8:36-2.8 - Action against a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department
				determines that operational or safety deficiencies exist, it may require that all
				admissions to the facility cease. This may be done simultaneously with, or in lieu
				of, action to revoke licensure and/or impose a fine and in accordance with
				8:43E-1.1 et seq. The Commissioner or
				his or her designee shall notify the facility in writing of such
				determination.
(b) The Commissioner may
				order the immediate removal of residents from a facility whenever he or she
				determines that there is imminent danger to any resident.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 2 - LICENSURE PROCEDURES › Section 8:36-2.9 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department
				proposes to suspend, revoke, deny, assess a monetary penalty, or refuse to renew a
				license, the licensee or applicant may request a hearing which shall be conducted
				pursuant to the Administrative Procedure Act,
				52:14B-1 et seq. and 52:14F-1 et seq.,
				and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(b) Prior to transmittal of any hearing request to
				the Office of Administrative Law, the Department may schedule a conference to
				attempt to settle the matter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 2 - LICENSURE PROCEDURES › Section 8:36-2.10 - Advertisement of assisted living

Current through Register Vol. 56, No. 14, July 15, 2024
Only facilities licensed as assisted living residences or
				  comprehensive personal care homes may describe and offer themselves to the public as
				  providing assisted living services and care or other similar services. Violation of
				  this requirement shall constitute operation of a health care facility without a
				  license, and shall be subject to penalty in accordance with
				  26:2H-14 and N.J.A.C. 8:43E-1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 3 - ADMINISTRATION › Section 8:36-3.1 - Appointment of administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An administrator
				shall be appointed and an alternate shall be designated in writing to act in the
				absence of the administrator. The administrator or a designated alternate shall be
				available at all times and shall be on-site at the facility on a full-time basis in
				facilities that have 60 or more licensed beds, and on a half-time basis in
				facilities that have fewer than 60 licensed beds, in accordance with the definition
				of "full-time" and "half-time" at
				8:36-1.3.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 3 - ADMINISTRATION › Section 8:36-3.2 - Qualifications of the administrator of an assisted living residence or comprehensive personal care home

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator of an assisted living
				residence or comprehensive personal care home shall:
1. Be at least 21 years of age;
2. Possess a high school diploma or equivalent;
				and
3. Hold a current New Jersey license
				as a nursing home administrator or hold a current New Jersey certification as an
				assisted living administrator.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 3 - ADMINISTRATION › Section 8:36-3.3 - Qualifications of trainers for assisted living administrators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Qualified trainers
				for assisted living administrators shall possess either the education and experience
				described in (a)1 through 3 below or the experience described in (a)4 and 5 below:
1. Two years experience as an administrator in the
				areas of housing, hotel management, or health care or two years experience in
				teaching adults, or any combination thereof; and
2. Completion of at least 40 hours in assisted
				living administrator training, which shall include basic concepts of assisted
				living, age-related changes and aging in place, assessments, scope of services and
				service planning, shared responsibility and managed risk, documentation, staffing
				patterns, nursing activities and medication administration, and promoting a
				home-like environment; and
3. A
				practicum, consisting of a minimum of 16 hours, at a New Jersey licensed assisted
				living facility which shall include satisfactory completion of a resident service
				needs assessment, service plan and risk management agreement; or
4. Two years of experience as a certified assisted
				living administrator in a licensed assisted living facility or two years experience
				in teaching adults, or any combination thereof; and
5. A practicum, consisting of a minimum of 16
				hours, at a New Jersey licensed assisted living facility which shall include
				satisfactory completion of a resident service needs assessment, service plan, and
				risk management agreement.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 3 - ADMINISTRATION › Section 8:36-3.4 - Administrator's responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator or
				designee shall be responsible for, but not limited to, the following:
1. Ensuring the development, implementation, and
				enforcement of all policies and procedures, including resident rights;
2. Planning for, and administration of, the
				managerial, operational, fiscal, and reporting components of the facility;
3. Ensuring that all personnel are assigned duties
				based upon their ability and competency to perform the job and in accordance with
				written job descriptions;
4. Ensuring
				the provision of staff orientation and staff education;
5. Establishing and maintaining liaison
				relationships and communication with facility staff and services and with residents
				and their families; and
6. Establishing
				and maintaining liaison relationships and communications with community hospitals,
				social service agencies, and mental health service agencies.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 3 - ADMINISTRATION › Section 8:36-3.5 - Actions against an assisted living administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				certificate issued to an assisted living administrator in accordance with this
				subchapter may be revoked, suspended , or restricted for improper practice. Improper
				practice means, but is not limited to:
1. A
				finding of abuse, neglect, or misappropriation of property of a resident of an
				assisted living residence, comprehensive personal care home, or assisted living
				program, or of a patient, resident, or client of any other facility or agency
				licensed by the Department;
2.
				Conviction of any offense that is a disqualifying offense pursuant to
				N.J.S.A.
				26:2H-7.17 and N.J.A.C. 8:43I-4;
3. Improper practice as an assisted living
				administrator, as defined by this chapter; i. The Department may request that the
				Assisted Living Administrators Panel, defined at
				N.J.A.C.
				8:36-3.6, review any allegations of improper
				practice, and to advise the Department as to the scope and severity of any alleged
				improper practice, or whether the practice is acceptable.
4. Any violation of these or other regulations
				applicable to the operation of an assisted living facility or program; and
5. Falsification or fraudulent use of any required
				documents, including documents submitted in order to obtain or renew a certification
				issued by the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 3 - ADMINISTRATION › Section 8:36-3.6 - Assisted Living Administrators Panel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An Assisted Living
				Administrators Panel shall be formed whose purpose shall be to advise the Department
				on the training, education and administrative practice issues for all certified
				assisted living administrators and those individuals attempting to obtain
				certification as an assisted living administrator.
(b) The panel shall consist of 11 members, in
				accordance with the following criteria:
1. One
				member shall be from the Department's Certificate of Need and Licensing
				Program;
2. One member shall be from the
				Division of Health Facility Survey and Field Operations;
3. One member shall be from the Department of
				Human Services' Medicaid Waiver Program;
4. One member shall be the State Long-Term Care
				Ombudsman , or his or her designee;
5.
				One member shall be a certified assisted living administrator affiliated with a
				for-profit assisted living facility;
6.
				One member shall be a certified assisted living administrator affiliated with a
				not-for-profit assisted living facility;
7. One member shall be a certified assisted living
				administrator affiliated with an assisted living facility that is affiliated with an
				acute care hospital;
8. One member shall
				be a certified assisted living administrator affiliated with an assisted living
				program;
9. Two members shall be
				registered professional nurses with experience in assisted living, one of whom shall
				be currently employed in an assisted living facility or program; and
10. One member shall be a representative of a
				consumer advocacy group for the elderly.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.1 - Types of services provided to residents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assisted living
				residence, comprehensive personal care home or assisted living program shall provide
				and/or coordinate personal care and services to residents, based on assessment by
				qualified persons, in accordance with the New Jersey Nurse Practice Act,
				45:11-23 and N.J.A.C. 13:37, this
				chapter, and the individual needs of each resident, in a manner which promotes and
				encourages assisted living values.
(b)
				The assisted living residence or comprehensive personal care home shall be capable
				of providing at least the following services: assistance with personal care,
				nursing, pharmacy, dining, activities, recreational, and social work services to
				meet the individual needs of each resident.
(c) The assisted living residence, comprehensive
				personal care home, or assisted living program shall provide supervision of
				self-administration of medications, and administration of medications by trained and
				supervised personnel, as needed by residents and in accordance with this
				chapter.
(d) The assisted living
				residence, comprehensive personal care home, or assisted living program shall be
				capable of providing nursing services to maintain residents, including residents who
				require nursing home level of care. However, the resident may be, but is not
				required to be moved from the facility or program if it is documented in the
				resident record that a higher level of care is required, as demonstrated by one or
				more of the following characteristics:
1. The
				resident requires 24-hour, seven day a week nursing supervision;
2. The resident is bedridden for more than 14
				consecutive days;
3. The resident is
				consistently and totally dependent in four or more of the following activities of
				daily living: dressing, bathing, toilet use, transfer, locomotion, bed mobility, and
				eating;
4. The resident has a cognitive
				decline severe enough to prevent the making of simple decisions regarding activities
				such as bathing, dressing and eating and cannot respond appropriately to cueing and
				simple directions;
5. The resident
				requires treatment of a stage three or four pressure sore or multiple stage two
				pressure sores. However, a resident who requires treatment of a single stage two
				pressure sore shall be retained and a plan of care developed and implemented to
				stabilize the pressure sore and the condition which caused it;
6. The resident requires more than "assistance
				with transfer";
7. The resident is a
				danger to self or others; or
8. The
				resident has a medically unstable condition and/or has special health problems, and
				a regimen of therapy cannot be appropriately developed and implemented in the
				assisted living environment.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.2 - Ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The ownership of the
				facility or program and the property on which it is located shall be disclosed to
				the Department.
(b) No facility or
				program shall be owned or operated by any person convicted of a crime relating
				adversely to the person's capability of owning or operating the facility or
				program.
(c) The owner or governing
				authority of the facility or program shall assume legal responsibility for the
				management, operation, and financial viability of the facility or program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.4 - Submission and availability of documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility or
				program shall, upon request, submit in writing any documents which are required by
				this chapter to the Director of the Certificate of Need and Licensing Program.
				Additionally, upon request of the Department, the facility or program shall submit
				in writing data related to utilization, demographics, costs, charges, staffing, and
				other planning and financial data necessary to evaluate the services
				provided.
(b) The facility shall report
				the number of resident days per calendar year to the Department's Certificate of
				Need and Licensing Program by April 15 of each year, for the prior calendar
				year.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.5 - Personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility or
				program shall develop and implement written job descriptions to ensure that all
				personnel are assigned duties based upon their education, training, and competencies
				and in accordance with their job descriptions.
(b) All personnel who require licensure,
				certification, or authorization to provide resident care shall be licensed,
				certified, or authorized under the appropriate laws or rules of the State of New
				Jersey.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.6 - Staffing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility or
				program shall maintain and implement written staffing schedules. Actual hours worked
				by each employee shall be documented.
(b) The facility or program shall develop and
				implement a staff orientation and a staff education plan, including plans for each
				service and designation of person(s) responsible for training. All personnel shall
				receive orientation at the time of employment and at least annual in-service
				education regarding, at a minimum, the following:
1. The provision of services and assistance in
				accordance with the concepts of assisted living and including care of residents with
				physical impairment;
2. Emergency plans
				and procedures;
3. The infection
				prevention and control program;
4.
				Resident rights;
5. Abuse and
				neglect;
6. Pain management;
				and
7. The care of residents with
				Alzheimer's and related dementia conditions and in accordance with N.J.A.C.
				8:36-19.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.7 - Policy and procedure manual

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A policy and
				procedure manual(s) for the organization and operation of the facility or program
				shall be developed, implemented, and reviewed at least annually. Each review of the
				manual(s) shall be documented, and the manual(s) shall be available in the facility
				or program to representatives of the Department at all times. The manual(s) shall
				include at least the following:
1. An
				organizational chart delineating the lines of authority, responsibility, and
				accountability for the administration and resident care services of the facility or
				program;
2. A description of the
				services which the assisted living residence, comprehensive personal care home or
				assisted living program is capable of providing;
3. Policies and procedures for maintaining
				security;
4. Policies and procedures
				for reporting all alleged and/or suspected cases of resident abuse or exploitation
				to the Complaints Program of the Division of Health Facility Survey and Field
				Operations at 1-800-792-9770. If the resident is 60 years of age or older, the State
				Long-Term Care Ombudsman shall also be notified, in compliance with
				N.J.S.A.
				52:27G-7.1et seq., at 1-877-582-6995;
5. Policies and procedures for maintaining
				confidentiality of resident records, including policies and procedures for
				examination of resident records by the resident and other authorized persons and for
				release of resident records to any individual outside the facility or program, as
				consented to by the resident or as required by law or third-party payor;
6. Policies and procedures for the maintenance of
				personnel records for each employee, including at least his or her name, previous
				employment, educational background, credentials, license number with effective date
				and date of expiration (if applicable), certification (if applicable), verification
				of credentials, records of physical examinations, job description, records of
				orientation and inservice education, and evaluation of job performance;
7. Policies and procedures, including content and
				frequency, for physical examinations and immunizations and tuberculin testing upon
				employment and subsequently for employees and individuals providing direct resident
				care services in the facility through contractual arrangements or written agreement;
				and
8. Policies and procedures
				delineating the responsibilities of the facility's staff in making prompt
				notification regarding the death of a resident as required by
				N.J.S.A.
				26:2H-5e and
				N.J.A.C.
				8:36-15.7(a).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.8 - Resident transportation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				be capable of providing resident transportation, either directly or by arrangement,
				to and from health care services provided outside the facility, and shall promote
				reasonable plans for security and accountability for the resident and his or her
				personal possessions, as well as transfer of resident information to and from the
				provider of the service, as required by individual residents and specified in
				resident service plans.
(b) The facility
				or program shall assist residents, if needed, in arranging for transportation to
				activities of social, religious, and community groups in which the resident chooses
				to participate.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.9 - Written agreements

Current through Register Vol. 56, No. 14, July 15, 2024
The facility or program shall have a written agreement or its
				  equivalent, or a linkage for services not provided directly by the facility or
				  program. If the facility or program provides care to residents with psychiatric
				  disorders, the facility or program shall also have a written agreement with one or
				  more community mental health centers specifying which services will be provided by
				  the mental health center. The written agreements shall require that services be
				  provided in accordance with this chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.10 - Reportable events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall notify the Division of
				Health Facility Survey and Field Operations immediately by telephone at (609)
				633-9034 or (609) 392-2020 if after business hours, followed within 72 hours by
				written confirmation, of the following:
1.
				Termination of employment of the administrator, and the name and qualifications of
				his or her replacement;
2. Any
				elopements; and
3. Any suspected cases
				of resident abuse or exploitation, which have been reported to the State Long-Term
				Care Ombudsman .
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.11 - Notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall conspicuously post a notice
				that the following information is available in the facility during normal business
				hours, to residents and the public:
1. All waivers
				granted by the Department;
2. A copy of
				the last annual licensure inspection survey report and the list of deficiencies from
				any valid complaint investigation during the past 12 months;
3. Policies and procedures regarding resident
				rights;
4. Business hours of the
				facility;
5. Policies and procedures for
				maintaining security of the assisted living residence and comprehensive personal
				care home;
6. The toll-free hot line
				number of the Department; telephone numbers of county agencies and of the State
				Long-Term Care Ombudsman; and
7. The
				names of, and a means to formally contact, the owner and/or members of the governing
				authority.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.12 - Maintenance of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				maintain an annual chronological listing of residents admitted and discharged,
				including the destination of residents who are discharged.
(b) Statistical data, such as resident census and
				facility characteristics, shall be forwarded to the Department on request, in a
				format provided by the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.13 - Admission and retention of residents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator of
				the assisted living residence, comprehensive personal care home, or assisted living
				program or the administrator's designee shall conduct an interview with the resident
				and, if the resident agrees, the resident's family, guardian, or interested agency,
				prior to or at the time of the resident's admission. The interview shall include at
				least orientation to the facility's or program's policies, business hours, fee
				schedule, services provided, resident rights, and criteria for admission and
				discharge. Documentation of the resident interview shall be included in the resident
				record.
(b) At the initial interview
				prior to, or at the time of, admission of each resident, the administrator or the
				administrator's designee should be provided with the name, address, and telephone
				number of a family member, guardian, or responsible person who can be notified in
				the event of the resident's illness, incident, or other emergency. This information
				is voluntary on the part of the resident. A resident shall not be denied admission
				to the facility or program solely for declining to provide this information.
(c) If a facility or program has reason
				to believe, based on a resident's behavior, that the resident poses a danger to
				himself or herself or others, and that the facility or program is not capable of
				providing proper care to the resident, then the attending physician or the physician
				on call, in consultation with facility or program staff and a resident
				representative, shall determine whether the resident is appropriately placed in that
				facility or program. The facility or program or resident representative shall
				initiate the mental health screening process in accordance with
				N.J.S.A.
				30:4-27.1et seq., and N.J.A.C. 10:31, Screening
				and Screening Outreach Program , and, based on the results and recommendations of
				that screening process, shall attempt to locate a new placement, if
				necessary.
(d) If an applicant, after
				applying in writing, is denied admission to the assisted living residence,
				comprehensive personal care home, or assisted living program, the applicant and/or
				his or her family, guardian, or responsible person shall, upon written request, be
				given the reason for such denial in writing, signed by the administrator, within 15
				days of the receipt of the written request.
(e) If there is an infirmary in the facility,
				residents shall be transferred to the infirmary only if they have consented to such
				transfer and shall remain in the infirmary for a limited time only, generally not to
				exceed one week.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.14 - Involuntary discharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Written notification
				by the administrator shall be provided to a resident and/or his or her family,
				guardian, or designated responsible person, of a decision to involuntarily discharge
				the resident from the facility or program. Such involuntary discharge shall only be
				upon grounds contained in the facility's or program's policies and procedures and
				shall occur only if the resident has been notified and informed of such policies in
				advance. The notice of discharge shall be given at least 30 days in advance and
				shall include the reason for discharge and the resident's right to appeal. This 30
				day advance notice shall not apply if the discharge is for reasons in accordance
				with the criteria specified at
				8:36-5.1(d). A copy of
				the notice shall be entered in the resident's record.
(b) In an emergency situation, as stated in
				8:36-5.1(d), for the
				protection of the life and safety of the resident or others, the facility or program
				may transfer the resident without 30 days notice. The Department shall be notified
				in the event of such discharge.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.15 - Notification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The resident's
				family, guardian, and/or designated responsible person or community agency shall be
				notified, when known, and with the resident's consent, immediately after the
				occurrence, in the event of the following:
1. The
				resident acquires an acute illness requiring medical care;
2. Any serious accident, criminal act or incident
				occurs which involves the resident and results in serious harm or injury or results
				in the resident's arrest or detention;
3. The resident is transferred from the facility;
				or
4. The resident expires.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.16 - Interpretation services

Current through Register Vol. 56, No. 14, July 15, 2024
The facility or program shall demonstrate the ability to provide
				  a means to communicate with any resident admitted who is non-English-speaking and/or
				  has a communication disability, using available community or on-site resources.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.17 - Referral and transfer agreements

Current through Register Vol. 56, No. 14, July 15, 2024
Each licensed assisted living residence and comprehensive
				  personal care home shall maintain written referral and/or transfer agreements with
				  at least one licensed acute care hospital in New Jersey, at least one licensed
				  State, county, or private psychiatric hospital in New Jersey, and with at least one
				  licensed New Jersey long-term care facility. A written agreement with an acute care
				  hospital with licensed adult psychiatric beds in New Jersey shall enable compliance
				  with the psychiatric hospital component of this requirement.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 5 - GENERAL REQUIREMENTS › Section 8:36-5.18 - Managed risk agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The choice and
				independence of action of a resident may need to be limited when a resident's
				individual choice, preference and/or actions are identified as placing the resident
				or others at risk, lead to adverse outcome and/or violate the norms of the facility
				or program or the majority of the residents. When the resident assessment process
				identified in N.J.A.C. 8:36-7 indicates that there is a high probability that a
				choice or action of the resident has resulted or will result in any of the
				preceding, the assisted living residence, comprehensive personal care, home or
				assisted living program shall:
1. Identify the
				specific cause(s) for concern;
2.
				Provide the resident (and if the resident agrees, the resident's family or
				representative) with clear, understandable information about the possible
				consequences of his or her choice or action;
3. Seek to negotiate a managed risk agreement with
				the resident (or legal guardian) that will minimize the possible risk and adverse
				consequences while still respecting the resident's preferences; and
4. Document the process of negotiation and, if no
				agreement can be reached, the lack of agreement and the decisions of the parties
				involved.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 6 - RESIDENT CARE POLICIES › Section 8:36-6.1 - Resident care policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Written resident
				care policies and procedures shall be established, implemented, and reviewed at
				intervals specified in the policies and procedures. Each review of the policies and
				procedures shall be documented. Policies and procedures shall include, but not be
				limited to, the following:
1. Resident
				rights;
2. Advance directives, including
				but not limited to, the following:
i. The
				circumstances under which an inquiry will be made of individuals regarding the
				existence and location of an advance directive;
ii. Requirements for provision of a written
				statement of resident rights regarding advance directives, approved by the
				Commissioner or his or her designee, to residents upon admission; and
iii. Requirements for documentation in the
				resident record;
3. The
				determination of staffing levels to ensure delivery of services and assistance as
				needed for each resident of the facility or program during each 24-hour period.
				Services may be provided directly by staff employed by the facility or program or in
				accordance with a written contract;
4.
				The delivery of personal care and assistance to residents in accordance with
				assisted living concepts which specify that each resident will be encouraged to
				maintain his or her independence and personal decision making abilities;
5. The referral of residents to health care
				providers in accordance with individual needs and resident service plans;
6. Emergency medical and dental care of residents,
				including notification of the resident's family, guardian, or responsible person,
				when known, and with the resident's consent, and care of residents during periods of
				acute illness;
7. Resident instruction
				and health education;
8. The control of
				smoking in the facility, in accordance with
				N.J.S.A.
				26:3D-55et seq. and N.J.A.C. 8:6;
9. Discharge, termination by the facility,
				transfer, and readmission of residents, including criteria for each;
10. The care and control of pets if the facility
				permits pets in the facility or on its premises; and
11. A policy to determine those circumstances
				where the resident's absence should be investigated.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 6 - RESIDENT CARE POLICIES › Section 8:36-6.2 - Financial arrangements and full disclosure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				disclose in the admission agreement the service it will provide, the public programs
				or benefits that it accepts or delivers, the policies that affect a resident's
				ability to remain in the residence and any waivers that have been granted of the
				regulations regarding physical plant requirements at N.J.A.C. 8:36-14 for assisted
				living residences or N.J.A.C. 8:36-22 for comprehensive personal care
				homes.
(b) Concerning financial
				arrangements, the facility shall:
1. Upon admission
				and at the time of any change in charges, inform the residents in writing, of any
				and all fees for services provided and charges for supplies routinely provided by
				the facility. The facility shall also inform the resident of the costs of supplies
				which are specially ordered. At the resident's request, this information may be
				provided instead to the resident's family, guardian, or responsible
				person;
2. Impose no additional charges
				for increased level of care without documentation of reassessment by the registered
				nurse that necessitates the increase;
3.
				Impose no additional charges, expenses, or other financial liabilities in excess of
				the daily, weekly, or monthly rate included in the admission agreement, unless
				written notification is provided to the resident.
i. Where there is written documentation of the
				resident's agreement to the purchase and cost of supplies which are purchased
				through the facility;
4.
				Maintain a written record of all financial arrangements with the resident and/or his
				or her family, guardian, or responsible person with copies furnished to the
				resident; and
5. Provide the resident
				with information about obtaining financial assistance available from third-party
				payors and/or other payors and referral systems for resident financial
				assistance.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 6 - RESIDENT CARE POLICIES › Section 8:36-6.3 - Personal needs allowance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator or
				his or her representative shall develop a policy and procedure for handling the
				monthly personal needs allowance for each resident who receives Supplemental
				Security Income (SSI) or other forms of public assistance. The personal needs
				allowance shall be at least the amount specified by the New Jersey State Department
				of Human Services pursuant to
				44:7-87(h)  and
				N.J.A.C. 10:123-3.
(b) Every
				administrator to whom resident's personal funds are entrusted shall maintain written
				records, such as a ledger, including the date each payment was received, the amount
				of payment, the date of each disbursement, the amount of each disbursement, the
				reason for each disbursement and to whom each disbursement was made. The personal
				needs allowance shall not be commingled with any other facility operating account
				and shall be deposited into an interest bearing account. Each resident shall receive
				his or her personal needs allowance within 72 hours of the receipt of the check by
				the administrator.
(c) The resident or,
				if the resident is not competent, the resident's representative with financial power
				of attorney, shall sign to acknowledge receipt of funds, goods or services purchased
				with such funds at the time of disbursement.