New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 8:33-1.2 - General statements of public policy and rules of general application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is the public
				policy of the State that access to health care services of the highest quality are
				of vital concern to the public health. Recognizing the significant changes in the
				economics of the health care system since the inception of the certificate of need
				program, decisions as to most health care services, acquisition of medical
				technology, and expansion of facilities can best be made by the health care
				provider. The appropriate role of the State with respect to services no longer
				subject to certificate of need is that of licensure of facilities and services to
				ensure the quality of care. For reasons of maintaining the quality of certain health
				care services, a limitation of the proliferation of such services may continue to be
				essential to protect the viability of the services as well as the providers now
				rendering them, to protect the role of such institutions as urban hospitals, whose
				importance to the Statewide health care system is indisputable, and to guard against
				the closing of important facilities and the transfer of services from facilities in
				a manner which is harmful to the public interest. Pursuant to
				26:2H-1, to protect and promote the
				health of the inhabitants of the State, the Department shall have the central,
				comprehensive responsibility for the development and administration of the State's
				policy with respect to health planning for all such health care facilities and
				services. Based on the particular needs of the State, this plan may include limiting
				the proliferation of certain health care services to preserve the viability of
				existing providers and urban hospitals, which play a vital role in the Statewide
				health care delivery system. The Department also must guard against the closing of
				important institutions and the transfer of services from facilities in a manner that
				is harmful to the public interest. All such health care facilities and services
				shall be subject to the provisions established herein.
(b) The Commissioner, to implement the provisions
				and purposes stated above, shall have the power to inquire into the accessibility to
				and availability of health care services and the operation of health care facilities
				and to conduct periodic inspections of such facilities with respect to the fitness
				and adequacy of the premises, equipment, personnel, rules and bylaws and the
				adequacy of financial resources and resources of future revenues.
(c) No certificates 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(s) to be served, can be financially accomplished
				and maintained, licensed in accordance with applicable licensure regulations, will
				not have an adverse economic or financial impact on the delivery of or access to
				health care services in the region or Statewide, and will contribute to the orderly
				development of adequate and effective health care services. In making such
				determinations there shall be taken into consideration the availability of
				facilities or services which serve as alternatives or substitutes, the need for
				special equipment and services in the area, the adequacy of financial resources and
				sources of present and future revenues, the availability of sufficient human
				resources in the several professional disciplines, the accessibility to and
				availability of health care services to low income persons, and such other factors
				as may be established by regulation. In the case of an application by a health care
				facility established or operated by any recognized religious body or denomination,
				the needs of the members of such religious body or denomination for care and
				treatment in accordance with their religious or ethical convictions may be
				considered to be public need.
(d)
				Certificate of need applications shall be reviewed for conformance with the rules in
				effect on the date the application is accepted for processing or deemed complete for
				processing, as applicable.
(e)
				Recommendations concerning certificates of need shall be governed and based upon the
				principles and considerations set forth in these rules, as well as applicable State
				laws and rules.
(f) Certificates of need
				shall be issued by the Commissioner based upon criteria and standards promulgated by
				the Commissioner and approved by the Health Care Administration Board. (See N.J.A.C.
				8:33 and the applicable chapter for specific services.) If any application is
				denied, 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 therefor. The Commissioner, within 30 days of receiving all appropriate
				hearing records, shall make his or her determination, which shall be a final agency
				decision.
(g) Projects involving
				building construction or renovations require submission of architectural plans to
				the Department of Community Affairs for approval prior to initiating building
				construction or renovations, in accordance with this chapter and the Department's
				licensing rules, regardless of whether the project requires a certificate of need or
				is exempt from the certificate of need requirement. At project completion, written
				notification and a copy of the certificate of occupancy shall be submitted to the
				Department of Community Affairs for final approval of the project.
(h) Written notification or application for a
				license, as applicable, shall be submitted to the Department's Office of Certificate
				of Need and Healthcare Facility Licensure prior to the planned use of the beds,
				services or facility, in accordance with this chapter and the Department's licensing
				rules.
(i) Application for a license on
				forms prescribed by the Department shall be filed with the Office of Certificate of
				Need and Healthcare Facility Licensure for approval prior to any transfer of
				ownership of beds, service or facility, in accordance with this chapter and the
				Department's licensing rules.
(j) No
				health care facility shall be operated unless it shall possess a valid license
				issued by the Department pursuant to
				26:2H-1 et seq. The establishment of a
				new health care facility, the expansion of beds and services, and renovations or
				additions to health care facilities require approval from the Department's Office of
				Certificate of Need and Healthcare Facility Licensure prior to operation/occupancy
				of the beds, services or areas.