New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43G - HOSPITAL LICENSING STANDARDS › Subchapter 1 - GENERAL PROVISIONS › Section 8:43G-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise:
"Commissioner" means the Commissioner of the Department or his or
				  her designee.
"Deemed status" means an acknowledgment of compliance with certain
				  Department licensure standards that the
Department grants to a hospital because the hospital holds
				  accreditation from an accrediting body recognized by the Centers for Medicare &
				  Medicaid Services pursuant to 42 CFR Part 488, in place of the Department
				  determining the hospital's compliance status by means of the Department
				  independently performing a licensure inspection using Department staff.
1. The Department, through the granting of deemed status,
				  substitutes the standards of the accrediting body for certain selected Department
				  licensing standards.
"Department" means the Department of Health.
"Discharge plan" means a patient-specific post-hospital written
				  care plan developed by a hospital's discharge planning team that identifies the
				  after-care assistance the patient requires, and includes the services and resources
				  necessary for the patient's transition from the hospital.
"Discharge planning team" means the people employed by a hospital
				  as part of its discharge planning staff as set forth at
N.J.A.C.
				  8:43G-11.4
.
"Facility" means a general acute care, special or psychiatric
				  hospital licensed pursuant to this chapter.
"Hospital" means an institution, whether operated for profit or
				  not, whether maintained, supervised or controlled by an agency of the government of
				  the State or any county or municipality or not, which maintains and operates
				  facilities for the diagnosis, treatment or care of two or more non-related
				  individuals suffering from illness, injury or deformity and where emergency,
				  out-patient, surgical, obstetrical, convalescent or other medical and nursing care
				  is rendered for periods exceeding 24 hours.
"Hospital-based off-site ambulatory care service facility" means
				  an ambulatory care service facility which has met the criteria as set forth in
				  8:43G-2.11(c) to be classified as same and which has applied for and received a
				  license authorizing the facility to operate as a hospital-based off-site ambulatory
				  care service facility.
"Hospitalization" means the admission and care of any person for a
				  continuous period, longer than 24 hours, for the purpose of diagnosis and/or
				  treatment bearing on the physical or mental health of such persons.
"Inspection" includes a survey, inspection, investigation or other
				  regulatory oversight activity necessary for the Department to carry out an
				  obligation imposed by applicable State licensing rules, statutes or Federal
				  Medicare/Medicaid certification regulations or statutes including any on-site visit
				  to a hospital by Department staff to determine a facility's compliance with
				  applicable State licensing rules, statutes or Federal Medicare/Medicaid
				  certification regulations or statutes.
"License" means the certificate issued by the Department for the
				  operation of a facility.
1. A license constitutes the facility's authority to receive
				  patients and residents and to perform the services included within the scope of this
				  chapter and as specified on the license.
"Licensee" means a person or organization to which the Department
				  grants a license to operate a health facility that has ultimate authority and
				  responsibility for the operation, management, control, conduct and functioning of
				  the facility.
"Licensing Office" means the Certificate of Need and Healthcare
				  Facility Licensure Program, Division of Certificate of Need and Licensing,
				  Department of Health , PO Box 358, Trenton, New Jersey 08625-0358.
"Licensed practical nurse" shall have the meaning set forth in
				  45:11-27(d).
"Other licensed health care professionals" means:
1. "Physical therapist," which shall have the meaning set forth in
				  N.J.S.A. 45:9-37.1 3; and
2. "Respiratory care practitioner," which shall have the meaning
				  set forth in 45:14E-3.
"Patient" means a person who receives a health care service from a
				  provider.
"Registered professional nurse" shall have the meaning set forth
				  in 45:11-26(e) and such nurses shall be licensed by the New Jersey Board of
				  Nursing.
"Regulatory compliance statement" means a submission to the
				  Licensing Office consisting of:
1. A written attestation on facility letterhead, signed by a
				  facility's chief executive officer, stating that the facility is in compliance with
				  the requirements of this chapter and that the facility will continue to remain in
				  compliance during the term of the license;
2. A copy of a documentation of a facility's certification by or
				  accreditation from an accrediting body recognized by the Centers for Medicare &
				  Medicaid Services of the U.S. Department of Health and Human Services; and
3. Upon request of the Licensing Office, a copy of the accrediting
				  body's most recent report of its survey of the facility and recommendations for
				  corrective actions, and a progress report of all corrective actions the facility has
				  taken in response to the accreditation body's report.
"Survey" means the evaluation of the quality of care and/or the
				  fitness of the premises, staff and services provided by a facility as conducted by
				  the Department and/or its designees to determine compliance or non-compliance with
				  applicable State licensing laws, including statutes and rules and Federal Medicare
				  and/or Medicaid certification laws, including statutes and regulations.
"Unlicensed assistive personnel" or "UAP" means unlicensed
				  individuals (formerly known as "ancillary nursing personnel") to whom selective
				  nursing tasks are delegated.