reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 11 - CUSTOMER INFORMATION › Section 5:18-11.5 - Propane services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Propane gas
				marketers shall provide customers with information on the fees associated with
				propane services, including information on whether the fees are calculated based on
				time and materials or as a flat rate based on the service work.
1. If the fees are calculated based on time and
				materials, propane gas marketers shall provide customers with a time estimate for
				the services.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 11 - CUSTOMER INFORMATION › Section 5:18-11.6 - Disclosure of Customer Rights and Company Policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Propane gas
				marketers shall provide customers with a Disclosure of Customer Rights and Company
				Policies, which contains the information provided in chapter Appendix C,
				incorporated herein by reference. If a marketer chooses to develop a Disclosure of
				Customer Rights and Company Policies that differs from the one provided in Appendix
				C, the information required in
				N.J.A.C.
				5:18-11.1 through 11.5 shall be provided in the
				order set forth in Appendix C and shall be presented in a clear and concise manner.
1. Propane gas marketers shall submit the
				Disclosure of Customer Rights and Company Policies to the Division for review two
				weeks prior to July 1, 2009.
2.
				Revisions to a Disclosure of Customer Rights and Company Policies previously
				approved by the Division of Codes and Standards shall be submitted to the Division
				for review prior to dissemination to customers.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Appendix B

Current through Register Vol. 56, No. 14, July 15, 2024
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click here
				to view image
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 1 - GENERAL PROVISIONS › Section 5:19-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The Continuing Care Retirement Community Regulation and Financial
				  Disclosure Act ( P.L. 1986, c. 103,
52:27D-330
et seq.) became
				  effective March 2, 1987. The Bill of Rights for Continuing Care Retirement Community
				  Residents in Independent Living Act ( P.L. 2013, c. 167,
52:27D-360.1
et al.) became
				  effective on May 1, 2014. The rules contained in this chapter are intended to enable
				  the Department of Community Affairs to implement the Act and to enable affected
				  providers to more easily and more fully comply with the requirements of the Act.
				  These rules are intended to supplement and not to supersede any applicable
				  regulations enforced by the New Jersey Department of Health, the New Jersey
				  Department of Human Services, the Office of the Ombudsman for the Institutionalized
				  Elderly, or by other State or Federal agencies having
				  jurisdiction.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 1 - GENERAL PROVISIONS › Section 5:19-1.2 - Affirmative determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				issue a certificate of authority upon its affirmative determination that all of the
				following requirements have been met:
1. The
				provider can fulfill its obligations under the continuing care agreement if the
				resident complies with the terms of the offer;
2. There is reasonable assurance that all proposed
				improvements can be completed as represented;
3. The provider, its officers and/or principals
				have not been convicted of a crime in this State, the United States, or any other
				state or foreign country within the past 10 years, the seriousness of which, in the
				opinion of the Department, warrants the denial of certification;
4. The provider, its officers and/or principals
				have not been subject to any permanent injunction or final administrative order
				restraining a false or misleading plan involving a facility disposition, the
				seriousness of which, in the opinion of the Department, warrants the denial of
				certification; and
5. The disclosure
				statement requirements have been satisfied.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.1 - Certification required

Current through Register Vol. 56, No. 14, July 15, 2024
A person shall not establish, operate or administer a continuing
				  care facility in this State without obtaining and maintaining a certificate of
				  authority pursuant to the Act. A certificate of authority granted pursuant to the
				  Act is not transferable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.2 - Nonapplicability

Current through Register Vol. 56, No. 14, July 15, 2024
Unless the method of disposition is adopted for purposes of
				  evasion, the provisions of these rules shall not apply to offers or
				  disposition:
1. Pursuant to court
				order;
2. By the United States, by this
				State or any of its agencies or political subdivisions;
3. Of real property located outside of the State.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.3 - Request for Letter of Nonapplicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				believes that a continuing care retirement community or similar facility is not
				subject to the provisions of the Act, or who is contemplating or proposing
				establishment of a continuing care retirement community or similar facility, which
				he or she believes may not be subject to the Act, may apply to the Department for a
				Letter of Nonapplicability.
1. Such application
				shall be in writing and shall list the reasons why such existing or proposed or
				contemplated continuing care retirement community or similar facility may not be
				subject to the Act.
2. An application
				for a Letter of Nonapplicability pursuant to this subsection shall be accompanied by
				a fee of $ 70.00.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.4 - Application for certification; submission and fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for a
				certificate of authority shall consist of a statement containing the items set forth
				in N.J.A.C. 5:19-3 and shall be submitted in the manner and form as provided
				therein, together with the filing fee in the amount of $ 560.00, plus $ 56.00 per
				living unit, made payable to the Treasurer, State of New Jersey.
1. In the event that living units are added during
				certification, an additional fee of $ 56.00 per living unit shall be paid. There
				shall be no refunds for deletions.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.5 - Notice of filing

Current through Register Vol. 56, No. 14, July 15, 2024
Upon receipt of an application for certification in proper form,
				  accompanied by payment of the required filing fee, the Department shall, within 10
				  business days, issue a notice of filing to the applicant. The notice of filing shall
				  not be construed as an approval of the application for certification or any portion
				  thereof.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.6 - Order of certification

Current through Register Vol. 56, No. 14, July 15, 2024
Within 90 days from the date of the notice of filing, or the
				  notice of correction as provided below, the Department shall issue a certificate of
				  authority if the Department affirmatively determines that the requirements of
				  5:19-1.2 and all applicable statutory
				  requirements have been met.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.7 - Notice of correction

Current through Register Vol. 56, No. 14, July 15, 2024
When the Department determines, upon inquiry and examination,
				  that any of the requirements of
				  5:19-1.2 or any other requirements under
				  the Act have not been met, the Department shall notify the applicant that the
				  application for certification must be corrected in such particulars within 30 days.
				  The applicant may request and receive an extension of 30 days to submit necessary
				  corrections. Additional 30 day extensions may be granted for good cause shown.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.8 - Order of rejection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event the
				requirements of the notice of correction are not met within the time allowed, the
				Department may enter an order rejecting the application for certification which
				shall include the findings of fact upon which the order is based.
(b) The order of rejection shall not take effect
				for a period of 20 days from the expiration of the 30 day period as set forth in
				5:19-2.7.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.9 - Petition for reconsideration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the issuance of
				an order of rejection, the applicant shall have the right to file a petition for
				reconsideration with the Department.
(b)
				In the event a petition for reconsideration is filed by the applicant, as provided,
				the order of rejection shall not take effect until such time as the hearing has been
				held and a final decision rendered by the Commissioner.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.10 - Automatic certification

Current through Register Vol. 56, No. 14, July 15, 2024
The continuing care retirement community shall be deemed to be
				  certified pursuant to
				  5:19-1.2 if, within 90 days of the
				  notice of filing or notice or correction, the Department has not issued a
				  certificate of authority or order of rejection and the applicant has not consented
				  to an extension of the time for review in writing.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.11 - Order of revocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The certificate of
				authority or temporary certificate of authority of a provider shall remain in effect
				until revoked, upon the Department's written finding of fact that the provider has:
1. Repeatedly failed to correct violations of the
				Act or these rules;
2. Failed to file an
				annual disclosure statement or resident agreement pursuant to the Act;
3. Failed to deliver to a prospective resident or
				their representative an annual disclosure statement or resident agreement pursuant
				to the Act;
4. Delivered to a
				prospective resident a disclosure statement which makes an untrue statement or omits
				a material fact and the provider at the time of the delivery of the disclosure
				statement had actual knowledge of the misstatement or omission;
5. Failed to comply with the terms of a cease and
				desist order; or
6. Committed serious
				violations of any other State or Federal law.
7. The provider has disseminated false or
				misleading advertising material which does not comply with the standards set forth
				in N.J.A.C. 5:19-5.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.13 - Annual report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provider shall
				file on a form designated by the Department an annual report reflecting any material
				changes in information contained in the original application for certification. This
				shall not diminish the obligation of the provider to notify the Department of
				material changes as they occur.
(b) The
				Annual Report shall be filed together with the Annual Disclosure Statement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.14 - Consolidated filing

Current through Register Vol. 56, No. 14, July 15, 2024
A provider may register additional property pursuant to a common
				  promotional plan as those previously certified by the Department by submitting
				  another application providing such additional information as may be necessary to
				  register the additional units.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 2 - CERTIFICATION › Section 5:19-2.15 - Cyclical inspections

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall visit each facility offering continuing care
				  in this State to examine its books and records at least once every four years.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 3 - APPLICATION FOR CERTIFICATION › Section 5:19-3.2 - Form of the application for certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for
				certification shall be submitted in the following form:
1. Two sets of the information and documents
				required to be filed shall be submitted in separate binders, fastened at the top in
				such a manner as to permit the reading of each page without requiring removal. The
				two required copies of the disclosure statement shall be submitted in separate
				binders;
2. All information and
				documents shall be arranged in the order set forth in
				5:19-3.1;
3. Each binder shall note the name and address of
				the provider and the name and address of the person responsible for the preparation
				of the application on the front cover;
4. The first page shall be a table of
				contents;
5. The right side of the first
				page of each section shall bear a tab numbered in conformity with the table of
				contents. Each tab shall be visible without the necessity of lifting any other
				tab;
6. If a section or document is
				omitted, a single sheet of paper, properly tabbed, shall be inserted containing a
				description of what is omitted and an explanation as to the reason for the
				omission;
7. With the exception of maps,
				drawings, surveys and the like, all documents shall be no smaller than 8-1/2 inches
				by 11 inches nor larger than 8-1/2 inches by 14 inches.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 3 - APPLICATION FOR CERTIFICATION › Section 5:19-3.3 - Amendment of the application for certification

Current through Register Vol. 56, No. 14, July 15, 2024
The provider shall promptly report to the Department any material
				  changes in the information or documents contained in the application for
				  certification, with a request for an amendment to the application for certification.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 3 - APPLICATION FOR CERTIFICATION › Section 5:19-3.4 - Review of requests for amendment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				process and review requests for amendments of an application for certification in
				accordance with the standards and procedures established in this chapter for review
				of an application for certification.
(b)
				Requests for amendments shall be accompanied by a fee of $ 50.00. This fee shall not
				be required for amendments concerned exclusively with price changes.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 3 - APPLICATION FOR CERTIFICATION › Section 5:19-3.5 - Public inspection of application for certification

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall retain copies of all certified applications,
				  together with all amendments thereto that have been approved, and shall make them
				  reasonably available for public inspection during ordinary business hours at the
				  Department's office.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 3 - APPLICATION FOR CERTIFICATION › Section 5:19-3.6 - Copies of the application for certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				comply with all reasonable requests for copies of an application for certification,
				together with all amendments thereto.
(b) The Department shall charge a fee for such
				copies as follows:
First page to tenth page
$ 0.75 per page
Eleventh page to 20th page
$ 0.50 per page
All pages over 20
$ 0.25 per page
This fee shall be in addition to a charge for the cost of
				  postage.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 4 - DISCLOSURE STATEMENT › Section 5:19-4.1 - Disclosure statement required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The disclosure
				statement shall disclose fully and accurately the characteristics of the facility
				and the interests offered and shall make known to prospective residents all unusual
				and material circumstances and features affecting the facility.
(b) The disclosure statement shall be in clear and
				plain language understandable by a lay person and shall combine simplicity and
				accuracy in order to fully advise residents of their rights, privileges,
				obligations, and restrictions. The disclosure described in this section shall also
				reflect all of the terms required pursuant to the Bill of Rights for Continuing Care
				Retirement Community Residents in Independent Living Act ( P.L. 2013, c. 167,
52:27D-360.1
et al.) and
				N.J.A.C. 5:19-9, including a clear explanation of the rights and responsibilities of
				the residents of the facility.
(c) The
				Department may require the provider to alter or amend the proposed disclosure
				statement in order to assure full and fair disclosure to prospective residents and
				may require the revision of a disclosure statement which it finds to be
				unnecessarily complex, confusing, unclear, or illegible. The obligation of full and
				fair disclosure shall be a continuing obligation of the facility and its operators,
				contractors, and principals.
(d) The
				provider shall provide a disclosure statement to a prospective resident of a
				continuing care facility or the person with whom the provider shall enter into a
				contract to provide continuing care, prior to the execution of the contract or at
				the time of or prior to the transfer of any money or other property to the provider
				by or on behalf of the prospective resident, whichever occurs first, at no charge to
				the prospective resident.
(e) A
				disclosure statement shall not be deemed current unless it contains all amendments
				filed with the Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 4 - DISCLOSURE STATEMENT › Section 5:19-4.3 - Form of disclosure statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The disclosure
				statement shall be in the following form:
1. A
				front cover shall contain the name and address of the provider, the name and
				location of the continuing care retirement community, the effective date of the
				disclosure statement which shall be the date of certification by the Department and
				shall contain the following statement in 10-point bold face type:
NOTICE TO PURCHASERS
THIS DISCLOSURE STATEMENT IS FOR INFORMATIONAL PURPOSES ONLY.
				  PURCHASERS SHOULD ASCERTAIN FOR THEMSELVES THAT THE UNIT OFFERED MEETS THEIR
				  PERSONAL REQUIREMENTS. THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS HAS NEITHER
				  APPROVED NOR DISAPPROVED THE MERITS OF THIS DISCLOSURE STATEMENT. BE SURE TO READ
				  CAREFULLY ALL DOCUMENTS BEFORE YOU SIGN THEM.
2. The disclosure statement and the contract shall
				each state on the cover or top of the first page in bold print the following:
THIS MATTER INVOLVES A SUBSTANTIAL FINANCIAL INVESTMENT AND A
				  LEGALLY BINDING CONTRACT. IN EVALUATING THE DISCLOSURE STATEMENT AND THE CONTRACT
				  PRIOR TO ANY COMMITMENT, IT IS RECOMMENDED THAT YOU CONSULT WITH AN ATTORNEY AND
				  FINANCIAL ADVISOR OF YOUR CHOICE, IF YOU SO ELECT, WHO CAN REVIEW THESE DOCUMENTS
				  WITH YOU.
3. A reasonably
				detailed table of contents showing the subject matter of the various sections,
				subsections or documents contained in the disclosure statement and the page number
				on which each appears shall be added at the front of the disclosure
				statement;
4. The provider shall attach a
				copy of the standard form of contract for continuing care used by the provider as an
				exhibit to each disclosure statement;
5.
				The disclosure statement shall be printed on good quality unglazed white paper no
				smaller than 8-1/2 inches by 11 inches nor larger than 8-1/2 inches by 14 inches.
				The cover may be of a different color provided the printed material contained
				thereon shall be legible;
6. No portion
				of the disclosure statement shall be underscored, italicized, or printed in larger,
				heavier or different color type than the remainder of the statement unless required
				or permitted by the Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 4 - DISCLOSURE STATEMENT › Section 5:19-4.4 - Filing of disclosure statement

Current through Register Vol. 56, No. 14, July 15, 2024
Two copies of the proposed disclosure statement shall be filed
				  with the application for certification and, if the Department requires revisions to
				  the proposed disclosure statement, two copies of the revised disclosure statements
				  shall be filed.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 4 - DISCLOSURE STATEMENT › Section 5:19-4.5 - Amendment of the disclosure statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A provider shall
				amend its disclosure statement at any time if, in the opinion of the provider or the
				Department, an amendment is necessary to prevent the disclosure statement from
				containing any material misstatement of fact or omission to state a material fact as
				required pursuant to the Act. The provider shall file an amendment or amended
				disclosure statement with the Department before the provider provides it to a
				resident or prospective resident.
(b)
				Amendments and corrections to the disclosure statement shall be by replacement of
				the amended or corrected material by paste-over or other permanent means.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 4 - DISCLOSURE STATEMENT › Section 5:19-4.6 - Review of request for amendments

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall process and review requests for amendments
				  of a disclosure statement in accordance with the standards and procedures
				  established in this chapter for review of a disclosure statement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 4 - DISCLOSURE STATEMENT › Section 5:19-4.7 - Use of the disclosure statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The disclosure
				statement shall not be used for any promotional purposes before certification of the
				facility and thereafter may only be used in its entirety.
(b) No person shall represent or imply that the
				Department approves or recommends the continuing care retirement community.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 4 - DISCLOSURE STATEMENT › Section 5:19-4.8 - Assistance by provider

Current through Register Vol. 56, No. 14, July 15, 2024
The provider shall designate and make knowledgeable personnel
				  available to prospective residents to answer questions about any information
				  contained in the disclosure statement or contract.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 4 - DISCLOSURE STATEMENT › Section 5:19-4.9 - Annual disclosure statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provider shall
				file an annual disclosure statement with the Department which contains the
				information required for the initial disclosure statement pursuant to N.J.A.C.
				5:19-4. The annual disclosure statement also shall include a narrative describing
				any material differences between the pro forma income statement filed pursuant to
				these rules either as part of the initial application for a certificate of authority
				or the most recent annual disclosure statement and the actual results of operations
				during the fiscal year. The statement also shall contain a revised pro forma income
				statement for the next fiscal year. The Department may request additional income
				statements if necessary.
(b) The
				provider shall file the annual disclosure statement within six months following the
				end of the provider's fiscal year.
(c)
				Prior to the provider's acceptance of part or all of any application or entrance fee
				or the execution of the continuing care agreement by the resident, whichever occurs
				first, the provider shall deliver the most current annual disclosure statement to
				the current or prospective resident and to any other person with whom the continuing
				care agreement is or may be entered into.
(d) The annual disclosure statement, when filed
				with the Department, shall be accompanied by a fee of $ 130.00 plus $ 13.00 per
				certified unit.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 5 - ADVERTISING › Section 5:19-5.1 - General standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All advertising
				which is used by or on behalf of the provider to promote a continuing care
				retirement community shall be accurate, truthful and not misleading so as to fully
				inform the public and foster their understanding and trust.
(b) No provider or person acting on behalf of the
				provider shall make, publish, disseminate, circulate or place before the public, or
				cause, directly or indirectly, to be made, published, disseminated, circulated or
				placed before the public in a newspaper or other publication, or in the form of a
				notice, circular, pamphlet, letter or poster, or over any radio or television
				station, or in any other way, an advertisement, announcement or statement of any
				sort containing an assertion, representation or statement which is untrue, deceptive
				or misleading.
(c) No provider or person
				acting on behalf of the provider shall file with the Department or make, publish,
				disseminate, circulate or deliver to any person or place before the public, or
				cause, directly or indirectly, to be made, published, disseminated, circulated or
				delivered to any person, or placed before the public, any disclosure statement,
				financial statement or continuing care agreement that contains an assertion,
				representation, or statement which is untrue, deceptive or misleading.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 5 - ADVERTISING › Section 5:19-5.2 - Specific standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Without limiting the
				general standards of advertising in this chapter, all advertising, except
				billboards, shall substantially conform to the following specific standards:
1. Advertising that refers to a specific entrance
				fee shall state the full entrance fee and shall state any periodic charges,
				assessments or cost to the purchaser;
2.
				In order to eliminate fictitious pricing or illusory discounts, no certificates
				shall be distributed indicating that a discount from the advertised price shall be
				given. This shall not preclude the giving of a discount on the basis of any
				reasonable criteria;
3. Advertising
				shall not refer to any facility that does not then exist unless that fact is
				prominently stated in the advertising and the proposed date of completion is
				contained therein;
4. Any reference to
				proposed improvements for which the purchaser will be assessed shall clearly set
				forth the fact of the assessment and the amount of the assessment;
5. Advertising shall not state that items or
				services are free when the cost thereof is included in the monthly maintenance
				fee.
6. Advertising shall not contain
				photographs, sketches or artist's conceptions of proposed facilities unless the fact
				that the photographs, sketches or artist's conceptions are of proposed facilities is
				stated immediately adjacent to them;
7.
				Advertising shall not refer in wording, photograph, sketch or artist's conception to
				any recreational, medical, social, shopping or other facility that is not located
				within the continuing care retirement community unless so stated and the approximate
				distance therefrom in miles is set forth;
8. Advertising shall not refer to a price increase
				unless the amount and date of the increase are indicated;
9. Advertising in the form of vacation
				certificates or other promotions intended to induce prospective residents to visit
				the continuing care retirement community that requires the holders thereof the
				attend or submit to a sales promotion shall clearly and conspicuously state the
				necessity of attendance at or submission to the sales promotion and the approximate
				length of time required to be spent by the prospective resident at such sales
				promotion;
10. Any model unit that is
				used as a part of a promotional plan shall be in substantial conformity with the
				units that are subsequently constructed unless otherwise noted in the contract.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 6 - CONTRACTS › Section 5:19-6.1 - General standards

Current through Register Vol. 56, No. 14, July 15, 2024
All contracts or agreements for continuing care in a continuing
				  care retirement community shall be fair and reasonable and shall not impose undue
				  restrictions or hardships upon the resident.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 6 - CONTRACTS › Section 5:19-6.2 - Notice of rescission

Current through Register Vol. 56, No. 14, July 15, 2024
Every contract or agreement shall contain the following notice in
				  12-point bold face type or larger, directly above the space provided for the
				  signature of the resident.
NOTICE TO THE RESIDENT: YOU HAVE THE RIGHT TO CANCEL THIS CONTRACT
				  OR AGREEMENT BY SENDING OR DELIVERING WRITTEN NOTICE OF CANCELLATION TO THE PROVIDER
				  BY MIDNIGHT OF THE 30TH CALENDAR DAY FOLLOWING THE DAY ON WHICH IT WAS EXECUTED BY
				  BOTH PARTIES, OR AN INITIAL DEPOSIT WAS MADE. SUCH CANCELLATION IS WITHOUT PENALTY,
				  AND ALL DEPOSITS MADE BY YOU SHALL BE PROMPTLY REFUNDED, EXCEPT FOR THE APPLICATION
				  FEE AND FOR EXPENSES INCURRED BY THE PROVIDER AT THE RESIDENT'S SPECIFIC REQUEST,
				  PROVIDED THAT SUCH EXPENSES ARE ITEMIZED AND SUPPORTED BY APPROPRIATE
				  DOCUMENTATION.
AFTER THIS 30-DAY CANCELLATION PERIOD, YOU RETAIN THE RIGHT TO
				  CANCEL THIS CONTRACT FOR ANY REASON, UPON 60 DAYS' WRITTEN NOTICE. IF YOU CANCEL THE
				  CONTRACT IN THIS MANNER, YOU MAY BE ENTITLED TO A FULL OR PARTIAL REFUND OF YOUR
				  ENTRANCE FEE, AS PROVIDED ELSEWHERE IN THE CONTRACT.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 6 - CONTRACTS › Section 5:19-6.3 - Deposits and application fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All deposits, down
				payments, or other funds paid to a provider by a purchaser shall be held in an
				interest bearing separate trust account in a banking or similar institution located
				within this State or deposited with an attorney licensed to practice law in this
				State, or until occupancy or cancellation of the contract, as governed by
5:19-7.4
. Occupancy of the
				living unit by the resident prior to the expiration of the 30-day rescission period
				shall not be construed as a waiver of any part of said rescission period. If
				desired, the resident may wait until the end of the 30-day rescission period to take
				occupancy, without waiver or penalty.
(b) Application fees shall not exceed $ 500.00
				unless the provider can demonstrate that the actual cost of processing exceeds $
				500.00.
(c) The amount of the entrance
				fee, the method by which the provider has calculated the amounts refundable, and the
				amounts thereof that are refundable (including any conditions that may affect the
				amount of any refund) shall be set forth in a clear and conspicuous manner, in plain
				and easily understood language in the contract.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 6 - CONTRACTS › Section 5:19-6.5 - Rescission and removal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A resident has the right to rescind a
				continuing care agreement without penalty or forfeiture, except for the application
				fee and those costs specifically incurred by the facility at the request of the
				resident and set forth in writing in a separate addendum signed by both parties to
				the agreement, within 30 days after making an initial deposit or executing the
				agreement. A resident shall not be required to move into the facility designated in
				the agreement before the expiration of the 30-day period.
(b) If a resident dies before the date the unit is
				available for occupancy pursuant to a continuing care agreement, or through illness,
				injury or incapacity is precluded from becoming a resident under the terms of the
				continuing care agreement, the agreement shall be automatically rescinded and the
				resident or the resident's legal representative shall receive a full refund of all
				moneys paid to the facility, except those costs specifically incurred by the
				facility at the request of the resident and set forth in writing in a separate
				addendum signed by both parties to the agreement.
(c) No agreement for care shall permit dismissal
				or discharge of the resident from the facility prior to the expiration of the
				agreement without just cause for the removal. For the purposes of the Act, "just
				cause" means but is not limited to a good faith determination in writing, signed by
				the medical director and the administrator of the facility, that a resident is a
				danger to himself or others while remaining in the facility. The written
				determination shall state:
1. That the
				determination is made in good faith;
2.
				The reasons supporting the determination that the resident is a danger to himself or
				others;
3. The basis for the conclusion
				that there is no less restrictive alternative to dismissal, discharge or
				cancellation, as the case may be, for abating the dangerousness of the resident;
				and
4. The basis for the conclusion that
				the danger is such that a notice period of less than 60 days is
				appropriate.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 7 - FINANCIAL RESPONSIBILITY › Section 5:19-7.1 - Liquid reserves

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each provider shall
				establish and maintain liquid reserves in an amount equal to or exceeding the
				greater of:
1. The total of all principal and
				interest payments due during the next 12 months on account of any mortgage loan or
				other long term financing of the facility; or
2. 15 percent of the projected annual operating
				expenses of the facility, exclusive of depreciation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 7 - FINANCIAL RESPONSIBILITY › Section 5:19-7.2 - Financial responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may
				require a provider to establish and maintain in escrow, on a current basis with a
				bank, trust company or other escrow agent approved by the Department, a portion of
				all entrance fees received by the provider in an aggregate amount not to exceed the
				total of all principal and interest payments due during the next 12 months on
				account of any first mortgage loan or other long-term financing of the facility. The
				provider may invest the funds in the escrow account, with the earnings thereon
				payable to the provider. If the provider so requests in writing, the escrow agent
				shall release up to one-twelfth of the original principal balance of the escrow
				account. The escrow agent shall not so release funds more than once during any
				calendar month, and then only after the escrow agent has given written notice to the
				Department at least 10 days prior to release. The amount of this escrow fund shall
				be included in satisfying the reserves required pursuant to
				5:19-7.1.
(b) This section shall be applicable only when the
				Department has cause to believe that additional protection is necessary to secure
				the provider's performance of the terms of all resident agreements.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 7 - FINANCIAL RESPONSIBILITY › Section 5:19-7.3 - Department's lien

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				issuance of a certificate of authority pursuant to these rules, or at any other time
				the Department determines it is in the best interest of residents of a facility, the
				Department may file a lien on the real and personal property of the provider or
				facility to secure the obligations of the provider pursuant to existing and future
				contracts for continuing care. A lien filed under this section is effective for a
				period of 10 days following its filing and may be extended by the Department if the
				Department finds that the extension is advisable for the protection of residents of
				the facility.
(b) The Department may
				foreclose on the lien upon the liquidation of the facility or the insolvency or
				bankruptcy of the provider. In this event, the Department shall use the proceeds
				thereof for full or partial satisfaction of obligations of the provider pursuant to
				contracts for continuing care in effect at that time.
(c) The lien provided for in this section is
				subordinate to the lien of any first mortgage on the real property of the facility,
				and if the Department determines and so states in writing that it is advisable for
				the efficient operation of the facility, the lien may be subordinated to the claims
				of other persons.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 7 - FINANCIAL RESPONSIBILITY › Section 5:19-7.5 - Provider's collateral

Current through Register Vol. 56, No. 14, July 15, 2024
A provider shall pledge only the unencumbered assets of a
				  continuing care facility as collateral for the purpose of securing loans for other
				  continuing care facilities, whether proposed or existing.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 7 - FINANCIAL RESPONSIBILITY › Section 5:19-7.6 - Bankruptcy or insolvency of provider

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may
				apply to a court of competent jurisdiction or to the Federal bankruptcy court, if
				that court had previously taken jurisdiction over the provider or facility, for an
				order authorizing the Department to appoint a trustee to rehabilitate or to
				liquidate the facility if the Department determines that:
1. A portion of a provider's reserve fund escrow
				as required pursuant to the Act has been or is proposed to be released;
2. A provider is or will be unable to meet the pro
				forma income or cash flow projections filed pursuant to
				52:27D-336, except in a manner that may
				endanger the ability of the provider to fully meet its continuing care contract
				obligations.
3. A provider has failed to
				maintain the reserves required under the Act; or
4. A provider is bankrupt or insolvent, or in
				imminent danger of becoming bankrupt or insolvent.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 7 - FINANCIAL RESPONSIBILITY › Section 5:19-7.7 - Initial occupancy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A provider shall not
				permit the first resident to occupy a unit until the provider has:
1. Supplied the Department with a financial
				feasibility study, including an opinion letter, demonstrating, to the Department's
				satisfaction, that the project may reasonably be expected to be financially viable;
				and
2. Received and accepted binding
				contracts for occupancy of at least 50 percent of the units either in the facility
				or in the portion of the facility being certified.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 8 - NONBINDING RESERVATION AGREEMENTS › Section 5:19-8.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
Upon application to and certification by the Department as
				  provided in 5:19-8.2 below, a provider may accept a
				  nominal sum, not to exceed 10 percent of the entrance fee, which sum shall be held
				  in trust, as a nonbinding reservation for the purpose of determining the market
				  demand for a proposed continuing care retirement community and shall not be deemed
				  to be an offer or disposition of an interest therein, provided the provider shall do
				  so under the terms and conditions contained in this subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 8 - NONBINDING RESERVATION AGREEMENTS › Section 5:19-8.2 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to accepting
				any nonbinding reservation agreements, the provider shall submit an application to
				the Department for certification that contains the following information:
1. The name and address of the provider;
2. The location and description of the facility to
				be developed;
3. The number and types of
				living units to be contained in the continuing care retirement community as well as
				a description of the services and facilities;
4. The selling price at which each living unit
				will be offered, together with a general description of the living unit or interest
				offered at that price and the estimated periodic charges;
5. The name and address of the person or firm
				holding the deposits and the name and location of the banking or similar institution
				wherein the deposits will be deposited;
6. A statement that no binding contract for a
				living unit will be offered or accepted until the continuing care retirement
				community is certified by the Department in accordance with this chapter;
7. A copy of the most recent financial statement
				of the provider, certified to be true and accurate by an independent public
				accountant;
8. A copy of all advertising
				material;
9. A copy of the proposed
				reservation agreement form;
10. Any
				other material deemed necessary by the Department in furtherance of the provisions
				of this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 8 - NONBINDING RESERVATION AGREEMENTS › Section 5:19-8.3 - Advertising standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All nonbinding
				reservations advertising material shall conform to the provisions of N.J.A.C. 5:19-5
				and, in addition, shall contain the following:
1.
				A statement that the purpose of the advertising is to solicit nonbinding
				reservations;
2. A statement that the
				nonbinding reservation is not a contract and may be cancelled by the prospective
				purchaser at any time, without cause;
3.
				A statement that any money paid to the developer shall be refunded to the
				prospective purchaser upon request and cancellation of the nonbinding reservation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 8 - NONBINDING RESERVATION AGREEMENTS › Section 5:19-8.4 - Reservation form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every provider
				accepting any nonbinding reservation agreement shall be given a reservation form to
				all prospective purchasers, which shall contain the following items:
1. The name and location of the project;
2. The name and address of the provider;
3. The name and address of the prospective
				purchaser;
4. A description of the
				particular living unit reserved;
5. The
				purchase price and terms;
6. A notice in
				10-point bold face type that the nonbinding reservation agreement does not obligate
				the purchaser in any way; that there is or is not, as the case may be, a guarantee
				by the provider that the purchase price and terms will not be changed for such
				period of time as may be specified in the agreement; that there is or is not, as the
				case may be, a guarantee that the living unit described in the agreement will be
				built or otherwise made available for purchase by the prospective purchaser; and
				that he or she may receive a refund of the deposit, upon request, at any time prior
				to the execution of a contract or agreement of sale;
7. All nonbinding reservation agreements shall be
				signed by the party reserving the unit and the provider or the provider's
				agent;
8. A statement of the period of
				time for which the nonbinding reservation agreement is effective.