reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 4 - ASSISTED LIVING ADMINISTRATORS › Section 8:43I-4.7 - Right to hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons disqualified
				from certification due to a false sworn statement and application as required by
				8:43I-4.1(a)  shall be
				granted a hearing only if they are contesting the accuracy of the criminal history
				record background check. No person so disqualified shall be permitted to establish
				rehabilitation, nor shall a hearing be granted to provide for an evaluation of
				rehabilitation pursuant to
				26:2H-84(d).
(b) Persons disqualified from certification for
				failure to establish rehabilitation shall be entitled to a hearing challenging the
				accuracy of the criminal history record background check, the denial of a
				determination of rehabilitation, or both.
(c) All hearings authorized by this chapter shall
				be held by and under the rules of the Office of Administrative Law, N.J.A.C. 1:1,
				pursuant to 52:14B-1 et seq.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 4 - ASSISTED LIVING ADMINISTRATORS › Section 8:43I-4.8 - Penalty for false sworn statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				submits a false sworn statement pursuant to
				8:43I-4.1(a)  shall be
				disqualified from certification as a assisted living administrator in New Jersey,
				and may be assessed a fine of not more than $ 1,000, or both.
(b) Any person disqualified pursuant to paragraph
				a, above, shall be ineligible to submit an application for certification or to
				receive criminal history record background check clearance for a period of two years
				from the date of the disqualification notice. Acceptance of a new application is
				conditioned upon payment of any outstanding fine balance and the completion of a new
				and truthful sworn statement and fingerprint impressions as required by
				8:43I-4.1 and 4.2.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 4 - ASSISTED LIVING ADMINISTRATORS › Section 8:43I-4.9 - Full certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A conditionally certified assisted living
				administrator will be granted full, unrestricted certification, upon:
1. Completion of an approved training program and
				passing the State written exam as required by N.J.A.C. 8:36-1.5(a)3 i and ii;
				and
2. Receipt by the Department of the
				fingerprint supported criminal history record background check from both the
				Division of State Police and the Federal Bureau of Investigation indicating that
				either:
i. The person has no disqualifying
				convictions; or
ii. The person has
				disqualifying convictions, but the Department has issued a determination of
				rehabilitation in accordance with
				8:43I-4.4.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 4 - ASSISTED LIVING ADMINISTRATORS › Section 8:43I-4.10 - Extension of time for persons renewing certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may
				issue an extension of time for individuals seeking to renew their certification as
				an assisted living administrator. Extensions will be issued when, for circumstances
				not within the control of the assisted living administrator, processing times will
				not permit the Department to complete the background checks prior to the expiration
				date of their current certification. The assisted living administrator must complete
				a fingerprint appointment prior to the expiration date listed on their current
				certification document. Extension requests must contain: the name of the employer,
				the name of the assisted living administrator, the assisted living administrator's
				social security number, current certification date, and certification
				number.
(b) Extensions are valid for 120
				days, and are deemed revoked if the assisted living administrator is disqualified
				from certification in accordance with this chapter.
(c) Each employer shall retain a copy of the
				extension authorization on file to prove current certification status of the
				assisted living administrator.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 4 - ASSISTED LIVING ADMINISTRATORS › Section 8:43I-4.11 - Suspension of criminal history record background checks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will
				suspend the criminal history record background check on any individual who:
1. Has an outstanding arrest warrant in any
				jurisdiction;
2. Has a pending criminal
				case that could result in conviction of a disqualifying offense;
3. Is the subject of a criminal investigation
				being conducted by the Department; or
4.
				Has terminated their employment as a conditionally certified assisted living
				administrator or has withdrawn or been dropped from an approved CALA training
				program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 4 - ASSISTED LIVING ADMINISTRATORS › Section 8:43I-4.12 - Payment of fees

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  26:2H-7.1 9, the applicant for
				  certification as an assisted living administrator or certified assistant living
				  administrator, as the case may be, shall assume the cost of the criminal history
				  record background check conducted pursuant to this chapter. The Department may
				  withhold the release of the criminal history record background check results if the
				  applicant fails to pay the cost of the fingerprint checks, tenders a bad check or
				  invalid credit card, until such time as the costs are paid in full.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 5 - CRIMINAL BACKGROUND INVESTIGATION REGISTRY › Section 8:43I-5.1 - Central criminal history record background check registry

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				maintain a central criminal history record background check registry on each
				applicant who files an application pursuant to this chapter. The registry shall
				include the following data elements, which shall be public records:
1. The full name of the applicant;
2. The applicant's mailing address;
3. The applicant's certification number, if
				issued;
4. The date any application is
				received;
5. The certificate(s) for
				which the background check was conducted;
6. The date the New Jersey criminal history is
				received from the Division of State Police;
7. The date the Federal criminal history check is
				received from the Federal Bureau of Investigation (FBI);
8. The employer, if known;
9. The date on which any certification extension
				was issued;
10. A listing of whether the
				applicant was qualified or disqualified from certification;
11. If a hearing was requested in the event of a
				denial; and
12. The results of any
				hearing, and the final agency decision result that was issued to any
				hearing.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 8:43J-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this
				chapter is to establish licensure standards for pediatric medical day care
				facilities.
(b) A pediatric medical day
				care facility provides health care services to medically complex or
				technology-dependent children whose medical condition requires treatment and
				services beyond the scope provided by day care centers to children with special
				health care needs.
(c) A pediatric
				medical day care facility provides a comprehensive program of services designed to
				meet the medical, developmental, educational, nutritional, and psycho-social needs
				of the children served.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43J-2.1 - Licensee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The license holder
				shall have responsibility for the operation, management and financial viability of
				its facility.
(b) The licensee shall
				disclose in writing to the Department the ownership of entities that hold the
				license, any management company hired to operate the facility and the ownership of
				the property on which the facility operates and shall make ownership information
				available in the facility on request to any party.
(c) Absent a finding by the Department that the
				individual is rehabilitated using the standards and procedures at
				8:43J-2.5(a)2, an
				individual is ineligible to own or operate a facility in New Jersey if the
				individual:
1. Has a history of continuing or
				serious violations of N.J.A.C. 8 or 10;
2. Has engaged in conduct that would constitute
				continuing or serious violations of N.J.A.C. 8 or 10 if the conduct occurred in New
				Jersey; or
3. A forum of competent
				jurisdiction has made a finding of the individual's dishonesty or of unethical
				conduct in either a civil or a criminal matter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43J-2.2 - Licensure application procedures and requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person,
				organization, or corporation desiring to operate a pediatric medical day care
				facility, or to expand or relocate an existing facility, shall submit a project
				proposal and a completed Application for a Long Term Care Facility License LCS-9,
				along with the appropriate licensure fee.
1. The
				application form can be obtained from the Department's forms website at
				nj.gov/health/forms, or upon request to the following:
Director, Office of Certificate of Need and Healthcare Facility
				  Licensure Division of Certificate of Need and Licensing New Jersey Department of
				  Health PO Box 358 Trenton, NJ 08625-0358.
2. The project proposal shall include scaled plans
				of the proposed facility, for preliminary review.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43J-2.3 - License

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				issue a license to the operator of the facility when:
1. The applicant submits the following documents
				to the Office of Certificate of Need and Healthcare Facility Licensure:
i. A copy of the certificate of occupancy from the
				local authority;
ii. Documentation of a
				satisfactory fire safety inspection by the local fire authority; and
iii. A copy of the written final release of the
				physical plant construction plans by the Health Care Plan Review Unit, Division of
				Codes and Standards, New Jersey Department of Community Affairs, if applicable;
				and
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43J-2.4 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				charge the following nonrefundable fees:
1.
Application for licensure
$ 1,500 plus $
						  10.00 per
slot
2.
Annual renewal fee
$ 1,500 plus $ 10.00
						  per
slot
3.
Addition of program slots
$ 1,500 plus $
						  10.00 per
slot
4.
Reduction of program slots
$ 375.00
5.
Relocation of existing facility
$
						  375.00
6.
Transfer of ownership application
$
						  1,500
7.
Inspection fee (initial)
$ 450.00
8.
Inspection fee (biennial)
$ 450.00
(b)
				Failure to pay any of the applicable fees shall result in nonrenewal of the license
				for existing facilities and the refusal to issue an initial license for new
				facilities.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43J-2.5 - Requirement for criminal background investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				not issue or continue licensure for the operation of a pediatric medical day care
				facility unless, in accordance with
				30:5B-6.1 0 et seq., current or
				prospective staff members, administrators, and individuals seeking employment at or
				ownership of a pediatric medical day care facility, including volunteer staff, shall
				have obtained clearance from the Department's Criminal Background Investigation
				Unit, prior to respectively, owning, operating, administering, volunteering or
				working for a pediatric medical day care facility.
1. In accordance with
				30:5B-6.1 4, the Department shall not
				issue clearance to own, operate, administer, volunteer or work for a pediatric
				medical day care facility to a person who has been convicted of any of the following
				crimes and offenses:
i. A crime against a child,
				including endangering the welfare of a child and child pornography, pursuant to
				2C:24-4;
ii. Child molestation, pursuant to
				2C:14-1 et seq.;
iii. Abuse, abandonment or neglect of a child,
				pursuant to 9:6-3;
iv. Endangering the welfare of an incompetent
				person, pursuant to
				2C:24-7;
v. Sexual assault, criminal sexual contact or
				lewdness, pursuant to
				2C:14-2 through
				2C:14-4, inclusive;
vi. Murder, pursuant to
				2C:11-3 or manslaughter, pursuant to
				2C:11-4;
vii. Stalking, pursuant to
				2C:12-10;
viii. Kidnapping and related offenses, including
				criminal restraint, false imprisonment, interference with custody, criminal coercion
				or enticing a child into a motor vehicle, structure or isolated area, in violation
				of any crime established in Chapter 13 of Title 2C of the Revised Statutes of New
				Jersey (2C:13-1 et seq.);
ix. Arson, pursuant to
				2C:17-1 or causing or risking
				widespread injury or damage that would constitute a crime of the second degree or
				higher, pursuant to
				2C:17-2;
x. Terroristic threats, pursuant to
				2C:12-3; and
xi. An attempt or conspiracy to commit any of the
				crimes or offenses listed in (a)1i through x above.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43J-2.6 - Facility standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any existing or
				proposed facility with a construction program shall submit plans to the Health Care
				Plan Review Unit, Division of Codes and Standards, New Jersey Department of
				Community Affairs, PO Box 815, Trenton, NJ 08625-0815, for review and approval prior
				to the initiation of construction, renovations or expansion.
1. Construction of freestanding facilities for new
				buildings and alterations, renovations, and additions to existing buildings for
				freestanding facilities shall comply with N.J.A.C. 8:43J-13.
2. Construction of facilities within long-term
				care facilities for new buildings and alterations, renovations and additions for
				facilities in existing buildings that are part of long-term care facilities shall
				comply with N.J.A.C. 8:43J-13.
3. The
				physical standards of an existing building that a facility intends to locate or
				relocate to shall comply with N.J.A.C. 8:43J-13.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43J-2.7 - Surveys

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Department approves an initial
				licensure application and the facility is ready for occupancy, representatives of
				the Department shall conduct a survey of the facility to determine if the facility
				adheres to this chapter.
1. The Department shall
				notify the facility in writing of the findings of the survey, including any
				deficiencies found.
2. The facility
				shall notify the Division of Health Facility Survey and Field Operations when the
				deficiencies, if any, have been corrected, and the Department shall schedule one or
				more resurveys of the facility prior to occupancy of the facility.
3. The facility shall employ professional
				personnel in accordance with the staffing requirements in this
				chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43J-2.9 - Surrender of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				notify the Department, each child's parent, the child's primary health care provider
				and any guarantors of payment:
1. At least 30 days
				prior to the voluntary surrender of a license or relocation of a facility;
				or
2. As the Department directs in an
				order of revocation or suspension or in a notice of refusal to renew.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43J-2.10 - Action against a licensee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				26:2H-1 et seq., the Commissioner or
				his or her designee may impose all enforcement actions permitted under N.J.A.C.
				8:43E for violation of this chapter or other laws.
(b) Enforcement actions include civil monetary
				penalty, curtailment of admissions, appointment of a receiver, revocation of a
				license, order to cease and desist operation of an unlicensed health care facility
				and other remedies for violations of law.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43J-2.11 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
If the Department proposes to revoke, deny or refuse to renew a
				  license, or to assess a monetary penalty pursuant to N.J.A.C. 8:43E, 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.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43J-2.12 - Transfer of ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to transferring ownership of a facility,
				the prospective owner shall apply to the Office of Certificate of Need and
				Healthcare Facilities Licensure for approval of the transfer by submitting the
				following:
1. A cover letter stating the proposed
				owner's intention to purchase the facility, identifying the facility by name,
				address and county and stating the licensed child capacity (that is, the number of
				licensed slots);
2. A written
				description of the proposed transaction, including:
i. Identification of the current owners of the
				facility;
ii. Identification of 100
				percent of the proposed owners, including the names and addresses of all principals
				(that is, individuals and/or entities with a 10 percent or more interest);
				and
iii. If applicable, a copy of an
				organizational chart, including parent corporations and wholly owned subsidiaries of
				the proposed owner;
3. A copy
				of the agreement of sale and, if applicable, a copy of any lease; and
4. The names of any licensed health care
				facilities and states in which they are located that the proposed owner or any of
				the principals own, operate or manage in New Jersey or any other state.
i. If the proposed owner or any of its principals
				own, operate or manage facilities in other states, the proposed owner shall submit
				letters from the state health departments or applicable regulatory agencies in each
				of the respective states, verifying that the facilities have operated in substantial
				compliance during the last 12-month period and have had no enforcement actions
				imposed during that period of time.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43J-2.13 - Waiver of licensing standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner or
				his or her designee, in accordance with the general purposes and intent of
				26:2H-1 et seq. and this chapter, may
				waive provisions of this chapter if, in his or her opinion, such waiver would not
				render the premises, equipment, personnel, finances, rules and bylaws and standards
				of health care at a facility unfit or inadequate.
1. A facility seeking a waiver of these rules
				shall apply in writing to the Director of the Office of Certificate of Need and
				Healthcare Facility Licensure of the Department.
2. A written request for a waiver shall include
				the following:
i. A citation to the specific rule
				or part of the rule for which a waiver is requested;
ii. Reasons for requesting a waiver, including a
				statement of the type and degree of hardship that would result to the facility upon
				adherence;
iii. An alternative proposal
				that would ensure the care and safety of the children in the facility; and
iv. Documentation to support the request for a
				waiver.
3. The Department may
				request additional information before processing a request for waiver.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43J-2.14 - Duty to update information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever any
				information included in a license or renewal application changes, the licensee shall
				provide that information to the Office of Certificate of Need and Healthcare
				Facility Licensure, in writing, within 10 calendar days of the change.
(b) Failure to comply with the requirements of
				this chapter may result in penalties being assessed against a facility pursuant to
				N.J.A.C. 8:43E.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43J-3.1 - Appointment of the administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The license holder
				shall appoint an administrator who is a full-time employee of the
				facility.
(b) A facility shall designate
				an alternate in writing to act in the absence of the administrator.
1. The designated alternate shall meet the
				qualification standards for an administrator at
				8:43J-3.2.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43J-3.2 - Qualifications of the administrator of a pediatric medical day care facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator or
				designated alternate of a pediatric medical day care facility shall:
1. Have a master's degree from a college or
				university approved by a state department of education and at least one year of
				full-time administrative or supervisory experience in a licensed health care
				facility;
2. Have a baccalaureate degree
				from a college or university approved by a state department of education and three
				years of full-time experience in a licensed health care facility, at least one year
				of which shall have been in a full-time administrative or supervisory capacity;
				or
3. Have at least one year of
				full-time administrative or supervisory experience in a licensed health care
				facility and be:
i. A physician;
ii. A licensed social worker;
iii. A licensed clinical social worker;
iv. A registered professional nurse with either a
				Master of Science (MS) degree or a Bachelor of Science in Nursing (BSN) degree;
				or
v. An advanced practice nurse
				(APN).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43J-3.3 - Responsibilities of the administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator
				shall be responsible for, at minimum, the following:
1. Ensuring the development, implementation and
				enforcement of all policies and procedures, including child rights;
2. Planning and administering the operational,
				managerial, fiscal and reporting components of the facility;
3. Participating in the quality improvement
				program for child-care and staff performance;
4. Ensuring that all personnel are assigned duties
				based upon their education, training, competencies and job descriptions;
5. Ensuring the provision of staff orientation,
				staff education and ongoing staff training in accordance with this
				chapter;
6. Establishing and maintaining
				liaison relationships and communication between facility staff and services
				providers and with a child's parent; and
7. Ensuring that each child satisfies
				N.J.A.C. 8:43J-6.1(c)
				 prior to admission.
i. For purposes of this paragraph, the
				administrator may rely on an authorization letter from the fiscal agent reflecting a
				determination of eligibility pursuant to
				N.J.A.C.
				10:166-3.4(c)5
				i.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43J-3.5 - Childcare policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				develop, implement and review, at intervals specified in its policies and
				procedures, a manual of policies and procedures for the care of medically complex or
				technology-dependent children.
(b) Each
				review of the manual shall be documented and the manual shall be available in the
				facility to representatives of the Department at all times.
(c) The manual shall address at least the
				following:
1. Emergency care of children, which
				includes a disposition procedure to be followed in the event of a medical emergency,
				which includes notification of the child's parent;
2. Child instruction and health education,
				including the provision of printed and/or written instructions and information for a
				child's parent, with multilingual instructions, as indicated;
3. Advance directives, including, but not limited
				to, the following:
i. Routine inquiry, at the time
				of admission and at such other times as are appropriate under the circumstances, of
				a child's parent of the existence of an advanced directive;
ii. Requirements for provision of a written
				statement of a child's rights regarding advance directives, approved by the
				Commissioner or his or her designee, to such child's parent; and
iii. Requirements for documentation in the medical
				record;
4. The prohibition of
				smoking in the facility in accordance with
				26:3D-55 et seq.;
5. Discharge, transfer, and readmission of
				children, including criteria for each; and
6. Exclusion of children and staff from the
				facility, and authorization to return to the facility, for children and staff with
				acute infectious diseases.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43J-3.6 - Mandatory notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				notify the Department immediately by telephone at (609) 633-9034, or (609) 392-2020
				after business hours, followed by written confirmation within 72 hours, of the
				following:
1. Termination of employment of the
				administrator and the name and qualifications of the administrator's replacement;
i. If a new administrator cannot be designated
				within 72 hours, the facility shall notify the Department in writing and the
				facility shall make arrangements, which are acceptable to the Department, for
				administrative supervision; and
ii. A
				new administrator shall be appointed within 30 days; and
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43J-3.7 - Financial arrangements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall:
1. Inform a child's parent in writing of the fees
				for services and supplies for which a fee is charged;
2. Maintain a written record of all financial
				arrangements with the child's parent and furnish a copy of the record to the child's
				parent;
3. Assess no additional charges,
				expenses or other financial liabilities in excess of the daily, weekly or monthly
				rate included in the admission agreement, except:
i. Upon written approval and authority of the
				child's parent, who shall be given a copy of the written approval;
ii. Upon written orders of the child's primary
				health care provider, specifying services and supplies not included in the admission
				agreement;
iii. Upon 15 days' prior
				written notice to the child's parent of additional charges, expenses or other
				financial liabilities due to the increased cost of maintenance and/or operation of
				the facility; and/or
iv. In the event of
				a health emergency involving the child and requiring immediate special services or
				supplies to be furnished during the period of the emergency.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43J-3.8 - Denial of admission

Current through Register Vol. 56, No. 14, July 15, 2024
If a facility denies admission to a child, the administrator
				  shall give the child's parent the reason for such denial in writing, signed by the
				  administrator, within 15 days of the denial determination.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43J-3.9 - Involuntary discharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator
				shall provide written notice to a child's parent of a decision to involuntarily
				discharge the child from the facility at least 30 days prior to the proposed
				discharge date.
1. The notice shall state the
				reason for discharge, the right to appeal the determination, and the procedure by
				which to make such an appeal.
2. A copy
				of the notice shall be entered in the child's medical record.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43J-3.10 - Interpretation services

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall demonstrate the ability to provide a means to
				  communicate with children and/or their parents who are non-English speaking and/or
				  have communication disabilities, using available community or on-site resources.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43J-3.11 - Notification of parent

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall notify the child's parent in the event that
				  the child sustains an injury, or an accident or incident occurs, immediately after
				  the occurrence and shall document the notification in the child's medical record
				  immediately following such notification.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43J-3.12 - General record policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				maintain the following records:
1. A chronological
				listing of children admitted and discharged, including the destination of children
				who are discharged; and
2. Statistical
				data concerning use of program services and demographic information related to
				children.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43J-3.13 - Required documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All facilities shall have the following
				documents on the premises and available to staff:
1. This chapter;
2. N.J.A.C. 8:43E;
3. N.J.A.C. 10:166;
4. N.J.A.C. 10:122; and
5. The facility's policy and procedure
				manual(s).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 4 - CHILD RIGHTS › Section 8:43J-4.1 - Policies and procedures regarding the rights of children

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				establish and implement written policies and procedures regarding the rights of
				children, which shall be available to the child's parent, staff and the public and
				shall post them in a conspicuous location in the facility in English and the primary
				language(s) of the children's parents.
(b) The facility shall provide staff with
				in-service education concerning the implementation of policies and procedures
				regarding child rights.
(c) The facility
				shall notify the Department of Children and Families, Division of Youth and Family
				Services, of any suspected child abuse.
(d) The facility shall comply with all applicable
				laws concerning child rights.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 5 - CHILD ASSESSMENT AND INTERDISCIPLINARY PLAN OF CARE › Section 8:43J-5.1 - Pre-admission assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility shall conduct a pre-admission
				assessment to screen the child for PMDC clinical eligibility pursuant to
				N.J.A.C.
				8:43J-6.1(c), which shall consist
				of a review of the child's medical records by the facility's nursing director and a
				home visit by a member of the interdisciplinary team and which shall address the
				child's:
1. Medical history;
2. Developmental status;
3. Nutritional status;
4. Use of assistive devices;
5. Treatment procedures; and
6. Medications.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 5 - CHILD ASSESSMENT AND INTERDISCIPLINARY PLAN OF CARE › Section 8:43J-5.2 - Admission procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator or
				his or her designee shall conduct an interview with the child's parent prior to or
				at the time of the child's admission that addresses, at a minimum, the matters in
				(a)1 through 5 below, and shall summarize the interview in the child's medical
				record:
1. An orientation of the facility's
				policies and services;
2. Hours and days
				on which services are provided;
3. The
				fee schedule;
4. The child's rights;
				and
5. Criteria for attendance,
				treatment and discharge.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 5 - CHILD ASSESSMENT AND INTERDISCIPLINARY PLAN OF CARE › Section 8:43J-5.3 - Initial assessment and initial plan of care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered
				professional nurse shall complete an initial assessment no earlier then five working
				days prior to, or upon, the day of admission for each child, which shall address, at
				minimum, the child's personal hygiene, immediate dietary needs, procedures,
				medications and diagnosis.
(b) A
				registered professional nurse shall develop a written initial plan of care that is
				based on the initial assessment within two business days of admission.
(c) The facility shall have a copy of a history
				taken and a report of a physical examination performed by the child's primary health
				care provider within 30 days prior to, or upon, admission to the facility.
(d) The facility shall have orders in place from a
				child's primary health care provider on the day of admission.
(e) The nursing, dietary, social work,
				developmental, rehabilitation, and/or pharmacy services, as applicable, and in
				accordance with professional standards of practice, shall execute each primary
				health care provider's order.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 5 - CHILD ASSESSMENT AND INTERDISCIPLINARY PLAN OF CARE › Section 8:43J-5.4 - Development and implementation of interdisciplinary plan of care and discharge planning

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered
				professional nurse shall develop a written interdisciplinary plan of care within 15
				business days of the date of admission, which shall address, at a minimum:
1. The child's scheduled days of
				attendance;
2. The specific goals of
				care;
3. The time frames for achieving
				the goals and the schedule for evaluation of progress;
4. The interventions needed to accommodate the
				medical, nursing, psychosocial and educational needs of the child and
				family;
5. The child's needs and
				preferences as identified by the child's parent;
6. The orders for treatment, services, medications
				and diet;
7. The time intervals at which
				the facility shall review the child's response to treatment; and
8. Specific discharge criteria.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 6 - GENERAL SERVICES › Section 8:43J-6.1 - General services provided

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility shall
				provide, in accordance with this chapter, therapeutic, rehabilitative and
				developmental services to children for a minimum of six consecutive hours per day,
				each day the facility is open, exclusive of the transportation time referred to in
				N.J.A.C.
				8:43J-16.1.
(b) Facilities shall comply with the requirements
				at N.J.A.C. 10:122, the Manual of Requirements for Child Care Centers.
1. Where the provisions of this chapter differ
				from those of N.J.A.C. 10:122, the requirements of this chapter shall
				govern.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 6 - GENERAL SERVICES › Section 8:43J-6.2 - General staffing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only direct care
				staff members, excluding volunteers, of a facility shall count towards the staffing
				level.
(b) All facilities shall have, in
				addition to the nursing director, a minimum of two registered professional nurses on
				site at all times when children are present.
(c) The facility shall maintain a staffing ratio
				of one direct care staff member for every three children in attendance.
(d) As part of the staffing ratio in (c) above,
				the facility shall also maintain a ratio of one licensed nurse for every six
				children in attendance.
(e) The nursing
				director shall increase the number of licensed nurses providing direct care when
				necessary based on the medical needs of the children being served.
(f) Transportation staff shall not count as direct
				care staff for purposes of satisfying the staffing ratio, except during any hours
				that they spend in the facility providing direct care to the children.
1. The time spent driving children to or from a
				facility shall not count as direct care staff hours.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 6 - GENERAL SERVICES › Section 8:43J-6.3 - Personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				make reasonable efforts to ensure that all staff providing direct care to children
				in the facility are in good health and are concerned for the safety and well-being
				of children;
1. A staff member who has been
				fingerprinted and is awaiting the results of the criminal background investigation
				may begin employment, as long as the staff member is not left unsupervised with
				children.
i. A staff member awaiting the results
				of a criminal background investigation shall not count toward a facility's staffing
				level.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 7 - NURSING SERVICES › Section 8:43J-7.1 - Designation of nursing director

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility shall
				designate in writing a nursing director, who shall be a registered professional
				nurse who meets the criteria at
				8:43J-7.2.
1. The facility shall designate in writing a
				registered professional nurse to act in the event of the nursing director's
				absence.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 7 - NURSING SERVICES › Section 8:43J-7.2 - Qualifications of nursing director

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The nursing director
				shall be a registered professional nurse who, in the five years prior to being named
				nursing director, has had:
1. At least three years
				of full-time pediatric nursing experience, of which at least one of those years
				shall have been in:
i. A pediatric intensive care
				unit;
ii. A neonatal intensive care
				unit;
iii. A pediatric nursing
				home;
iv. Pediatric home care;
v. A pediatric medical day care facility;
				or
vi. An in-patient pediatric
				rehabilitation hospital; and
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 7 - NURSING SERVICES › Section 8:43J-7.3 - Responsibilities of the nursing director

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The nursing director
				shall be responsible for:
1. The supervision of
				all nursing staff and unlicensed assistive personnel;
2. The direction, provision and quality of nursing
				services provided to children;
3.
				Overseeing the pre-admission and discharge planning processes; and
4. Overseeing the development of the
				interdisciplinary plan of care.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 7 - NURSING SERVICES › Section 8:43J-7.4 - Qualifications of nursing staff

Current through Register Vol. 56, No. 14, July 15, 2024
Registered professional nurses and licensed practical nurses
				  shall have at least one year of full-time pediatric experience working with
				  medically complex children.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 7 - NURSING SERVICES › Section 8:43J-7.5 - Provision of nursing services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				provide nursing services to children directly in the facility.
(b) A registered professional nurse shall be
				responsible for, at a minimum, the following:
1.
				Maintaining the standards of nursing practice including, but not limited to:
i. Monitoring of identified medical
				conditions;
ii. Administering and/or
				supervising the administration of prescribed medications and treatments;
iii. Coordinating rehabilitative
				services;
iv. Monitoring clinical
				behavior and nutritional status;
v.
				Monitoring growth and development;
vi.
				Implementing infection control procedures;
vii. Conducting daily checks to assure that a
				child's parent is maintaining the child's personal hygiene and administering
				medications as prescribed; and
viii.
				Communicating findings to a child's primary health care provider;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 7 - NURSING SERVICES › Section 8:43J-7.6 - Responsibilities of licensed nursing personnel

Current through Register Vol. 56, No. 14, July 15, 2024
A registered professional nurse may delegate, in accordance with
				  N.J.A.C. 13:37, selected nursing tasks in the implementation of the nursing regimen
				  to licensed practical nurses and unlicensed assistive personnel.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 8 - MEDICAL SERVICES › Section 8:43J-8.1 - Provision of medical services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Medical services
				shall be provided as follows:
1. The facility's
				medical director, with the administrator, shall establish written medical and
				administrative policies governing the provision of medical services to the children,
				which shall address, at a minimum:
i. Emergency
				procedures; and
ii. Standing
				orders;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 8 - MEDICAL SERVICES › Section 8:43J-8.2 - Designation of a medical director

Current through Register Vol. 56, No. 14, July 15, 2024
A facility shall designate a physician who is board-certified in
				  pediatrics to serve as the facility's medical director.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 8 - MEDICAL SERVICES › Section 8:43J-8.3 - Medical director's responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The medical director
				shall be responsible for, at a minimum, the following:
1. Assisting the facility in developing written
				objectives, policies, a procedure manual, an organizational plan and a quality
				improvement program for the medical service;
2. Serving as a liaison between the facility and
				the child's primary health care provider to facilitate compliance with the
				facility's policies and procedures; and
3. Reviewing the facility's written medical
				policies in cooperation with a child's primary health care provider for providing
				care to the child.