reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.2 - Water supply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				residence shall be provided with a safe supply of potable water meeting the
				standards as set forth in the Safe Drinking Water Act rules at
N.J.A.C.
				7:10
. The PA shall document that for every dwelling unit serviced by a
				private well, testing of the potable water supply is conducted to determine if
				the standards in the Safe Drinking Water Act rules at
N.J.A.C.
				7:10
are met before occupancy and at least once every five years. In
				accordance with the Private Well Testing Act,
				P.L.
				2001, c. 40,
58:12A-26
et seq. and
				the rules promulgated pursuant thereto,
N.J.A.C. 7:9E
, PAs
				leasing residences to consumers shall arrange for testing of potable water
				supply from a private well at least once every five years, and, within 30 days
				after receipt of the test results, shall provide a written copy of the test
				results to each rental unit and each new tenant.
(b) The source of such water supply shall be
				approved by the New Jersey Department of Environmental Protection or the local
				health agency.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.3 - Residences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every residence
				shall contain a kitchen sink of non-absorbent impervious material.
(b) Every residence shall be provided with a
				minimum of one toilet, bathroom sink, and a bathtub or shower.
(c) There shall be at least one toilet, sink,
				and one bath or shower for each eight consumers.
(d) The bathroom sink shall be located in or
				adjoining the toilet area.
(e)
				Every toilet, bathroom sink and bathtub or shower shall be:
1. Accessible from within the building
				without passing through any part of any other rooming unit; and
2. Contained in a room or rooms which are
				separated from all other rooms by walls, doors or partitions that afford
				privacy.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.4 - Garbage and rubbish disposal

Current through Register Vol. 56, No. 14, July 15, 2024
Outdoor garbage, rubbish, or other organic waste shall be
				  stored in covered, watertight receptacles. A sufficient number of garbage or
				  rubbish receptacles shall be available, and shall conform to all applicable
				  State rules and local ordinances.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.5 - Electrical system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				residence shall be provided with electrical service, which shall be adequately
				maintained and conform to all relevant local and State electrical codes. The
				electrical system shall be in working order and size sufficient for the
				appliances and equipment used. Every outlet and lamp shall be maintained in a
				good and safe condition and shall be connected to the source of electric
				power.
(b) Extension cords and
				flexible cords shall not be used as a substitute for permanent wiring.
				Extension cords and flexible cords shall not be affixed to structures, extended
				through walls, ceilings, floors, under drapes, or floor coverings, nor be
				subject to environmental damage or physical impact. If used, extension cords
				shall be in good working order and size sufficient for the appliances and
				equipment used. Large appliances, such as air conditioners, refrigerators,
				freezers, washers, and dryers shall be directly plugged into an electrical
				outlet.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.6 - Lighting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every bedroom
				shall have at least one window or skylight facing directly to the
				outdoors.
(b) The minimum glazed
				area of the total windows or skylights shall be eight percent of the floor area
				of each room.
(c) Every habitable
				room shall contain sufficient wall-type electric outlets and lamps or light
				fixtures to enable consumer residents to use the room for its intended
				function. Lighting in habitable rooms must be sufficient to read by. Open or
				unscreened halogen lamp stands shall be prohibited.
(d) Every portion of each staircase, hall,
				cellar, basement, landing, furnace room, utility room, and all similar
				non-habitable space shall have light available at all times.
(e) Every portion of any interior or exterior
				passageway or staircase shall have light available at all times.
(f) Every bathroom and toilet room shall have
				light available at all times. Artificial lighting shall be controlled by a wall
				switch so located as to avoid danger of electrical hazard. There must be
				sufficient light to use the room and/or area for its intended
				purpose.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.7 - Ventilation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A means of
				ventilation shall be provided for every habitable room.
(b) Means of ventilation shall be provided
				for every bathroom or water closet compartment.
(c) Ventilation shall be sufficient to remove
				odors.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.8 - Heating and cooling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Space
				heaters, including, but not limited to, electrical, kerosene, and quartz
				heaters, shall be prohibited unless a waiver is granted by the licensing
				authority. Every residence shall have heating facilities that are:
1. Properly installed;
2. Maintained in good and safe working
				condition; and
3. Capable of safely
				and adequately heating all habitable rooms and bathrooms located therein to a
				temperature of at least 70 degrees Fahrenheit when the outside temperature is
				14 degrees Fahrenheit.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.10 - Kitchen facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Major
				appliances shall minimally include a refrigerator, freezer (or refrigerator
				with freezer compartment), an oven, and a cooktop.
(b) Food products shall be thawed, stored,
				processed, and prepared in a safe manner in all supervised
				residences.
(c) Refrigeration and
				storage of food shall be provided at not more than 45 degrees Fahrenheit.
				Freezer compartments shall operate at no more than zero degrees Fahrenheit and
				must be maintained in good condition and without excessive ice
				build-up.
(d) All food and drink
				shall be safe for human consumption, clean, wholesome, free of spoilage, and
				prepared and served in a sanitary manner. There shall be at least a two-day
				supply of food and drink in the supervised residence at all times.
(e) All equipment, surfaces, and utensils
				used in the residence for eating, drinking, preparation, and storage shall be:
1. Kept clean and in good
				condition;
2. Thoroughly washed
				after each use; and
3. In
				sufficient quantity for the number of occupants.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.11 - Occupancy and use of space

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Every rooming unit occupied for sleeping purposes by one consumer shall contain
				at least 80 square feet of floor space. Every room occupied for sleeping
				purposes by more than one consumer shall contain at least 60 square feet of
				floor space for each consumer. Doors for privacy shall be provided and
				maintained. Means of egress to the rest of the home shall be direct and not
				through any other bedroom.
(b) At
				least one-half of the floor area of every habitable room shall have a ceiling
				height of at least seven feet. The floor area of that part of any room where
				the ceiling is less than five feet shall not be considered as part of the floor
				area in computing the total floor area of the room for the purpose of
				determining the maximum permissible occupancy thereof.
(c) Sufficient closet space for storage shall
				be provided. The storage space shall be uncluttered and sufficient for clothing
				and supplies.
(d) Rooms shall be of
				adequate size for the number of people, types of activities, and
				storage.
(e) A room located in
				whole or in part below the level of the ground may be used for sleeping,
				provided that the following requirements are met:
1. The walls and floor that are in contact
				with the earth shall be dampproofed; and
2. All requirements of this section and
10:37A-8.12
through
8.17
applicable to habitable rooms shall be
				satisfied.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.12 - Uniform Fire Code

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of
N.J.A.C. 5:70
, the
				  Uniform Fire Code, are incorporated herein by reference, and shall apply to all
				  supervised residences. A certificate of a satisfactory life hazard use
				  inspection conducted by the city, township, or State fire authority minimally
				  every 12 months shall be available in each supervised residence that is a
				  single family detached house.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.13 - Smoke and carbon monoxide detectors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Smoke detectors shall be installed at
				locations as follows:
1. At least one on
				every level of the dwelling, including basements, but excluding attics without
				any living space;
2. In enclosed
				stairwells;
3. In each bedroom;
				and
4. Within 10 feet of the door
				to each bedroom.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.14 - Fire drills

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fire drills
				shall be conducted in all licensed supervised residences.
1. Fire drills shall be conducted monthly
				with at least one drill being conducted on each staff covered shift each
				quarter. Within a 12-month period, at least one of the drills on each staff
				covered shift shall be conducted with an activated hard-wired fire alarm
				system, if the home is equipped with such a system. The drills that are
				conducted without activating a hard-wired fire alarm system shall be initiated
				by activating a battery powered smoke detector.
2. Evacuation shall be completed in less than
				three minutes. If timely evacuation without assistance is not possible, a plan
				must be developed and documented to accommodate each consumer needing
				assistance, and all plans must be executable at the same time. Assistance may
				be provided without such plans if needed in A+ supervised residences in which
				staff are continuously stationed whenever a consumer is home. In the event that
				an evacuation takes three minutes or longer, the PA in supervised residences
				shall develop and implement a plan of correction that will result in compliance
				with this standard.
3. For each
				fire drill, the time, date, participants, problem areas, resolution of
				problems, and timeliness of egress shall be documented by agency staff or an
				assigned consumer.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.16 - Fireplaces

Current through Register Vol. 56, No. 14, July 15, 2024
All fireplaces, if operable and utilized, shall be cleaned
				  and have a documented inspection every two years. If an unused fireplace is to
				  become operable, it shall be cleaned and have a documented inspection prior to
				  use.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 8 - FACILITY › Section 10:37A-8.17 - Variances

Current through Register Vol. 56, No. 14, July 15, 2024
The PA shall provide the Department with a copy of all
				  applications for variances from the codes cited in
10:37A-8.1
and the
				  action taken on them.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 9 - HEARINGS, APPEALS, COMPLAINTS › Section 10:37A-9.1 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
Administrative hearings regarding final Department actions
				  will be conducted in accordance with 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 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 9 - HEARINGS, APPEALS, COMPLAINTS › Section 10:37A-9.2 - Development of residential complaint procedures

Current through Register Vol. 56, No. 14, July 15, 2024
All PAs shall establish internal complaint procedures, which
				  will be subject to DOH review and approval at the time of the initial licensing
				  and triennial licensing reviews. Complaint procedures shall allow for a
				  consumer of the PA, or his or her designee, to make known a grievance regarding
				  services provided or which failed to be provided; to seek appropriate redress
				  related thereto; and to have corrective action taken as might be warranted. The
				  policy and procedure for consumer complaints shall be posted in a public place
				  at the PA office site and a copy given to each consumer upon beginning the
				  program. Any implementation of the complaint procedure shall be documented in
				  the consumer's clinical record.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 9 - HEARINGS, APPEALS, COMPLAINTS › Section 10:37A-9.3 - Complaint process; ombudsperson

Current through Register Vol. 56, No. 14, July 15, 2024
The PA's internal complaint procedures shall be consistent
				  with the provisions of
N.J.A.C. 10:37-4.6
regarding consumer complaint agency ombudsperson and review
				  procedures, which are incorporated by reference.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 9 - HEARINGS, APPEALS, COMPLAINTS › Section 10:37A-9.4 - Consumer protection

Current through Register Vol. 56, No. 14, July 15, 2024
No consumer shall be subject to retaliation of any form by
				  the PA because of the filing of any complaint.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 10 - QUALITY ASSURANCE › Section 10:37A-10.1 - Quality assurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The PA
				shall develop and implement written policies and procedures for an ongoing
				quality assurance (QA) program that meet the QA requirements for community
				agencies as articulated in N.J.A.C. 10:37-9. In addition, the PA shall ensure,
				through its quality assurance program, that supervised residences meet the
				program and facility requirements for licensure as specified in this chapter
				and that shared supportive housing residences meet the facility requirements
				for licensure as specified in this chapter.
(b) Areas to be monitored and evaluated
				include the following:
1. Therapeutic
				environment and life safety monitoring shall include at least quarterly
				documentation of safety inspections (including testing of smoke detectors) to
				assure the health, safety, and welfare of consumers in supervised residences
				and annual documentation of these inspections in shared supportive housing
				residences;
2. Adequacy of planning
				for more independent living and reduction of service intensity.
i. Barriers to discharge/transfer to a less
				restrictive living environment shall be reviewed annually for all consumers
				living in supervised residences.
ii. These review findings shall be forwarded
				to the agency quality assurance oversight (or utilization review) committee for
				review and follow-up and should be available at the time of a licensing review;
				and
3. Adequacy of
				intake and admission review process to ensure vacancies are filled
				expeditiously. Vacancy rates and the reasons for those vacancy rates shall also
				be monitored.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 11 - EXCLUSION AND DISCHARGE FROM SUPERVISED RESIDENCES › Section 10:37A-11.1 - General rule regarding the discharge of consumers from supervised residences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No consumer of
				a licensed supervised residence shall be prohibited from utilizing or residing
				in a residence unless:
1. Such action is
				justified by one of the conditions specified in
10:37A-11.2
or
11.4(b)
; and
2.
				The PA follows all of the procedures set forth in
10:37A-11.3
or
11.4(b)
, as applicable. A consumer may be discharged
				voluntarily if the PA has complied with the procedures set forth at
10:37A-11.3(b)
.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 11 - EXCLUSION AND DISCHARGE FROM SUPERVISED RESIDENCES › Section 10:37A-11.2 - Conditions permitting discharge from supervised residences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A consumer may
				be discharged from a supervised residence pursuant to written PA policies,
				which may include only the following conditions for discharge:
1. The PA reasonably concludes that the
				consumer clearly violates the rules set forth in the consumer service agreement
				(
10:37A-4.2
), which
				creates a substantial, continuing, and immediate threat to the physical safety
				of other persons, or to the emotional or psychological health of other
				consumers of the residence; provided, however, that the
PA shall not discharge such consumer on this basis if the
				  consumer has been civilly committed to an inpatient treatment facility pursuant
				  to
30:4-27.1
et seq.
2. The PA reasonably concludes
				that the consumer's clearly inappropriate behavior renders the residence or the
				PA out of compliance with any agreements to which the PA is signatory as a
				lessee or with any applicable law or rule.
3. The consumer repeatedly violates a rule
				governing consumer conduct, which is reasonable both in itself and its
				application, after the PA delivers to him or her a written notice to cease
				violating such rule. No such rule shall be the basis for discharging a consumer
				unless it is reflected in a consumer services agreement and/or other documents
				in compliance with this chapter.
4.
				The consumer has received the maximum clinical benefit of the services offered
				by the residence, an appropriate alternative living arrangement (where the
				consumer has sufficient financial resources), other than a shelter, motel, or
				hospital, is available to him or her prior to discharge, and the PA reasonably
				determines that discharge would be in the consumer's best clinical
				interests.
5. The consumer absents
				himself or herself from the residence for a continuous period of 30 days
				without providing the PA with notice of intent that he or she will return after
				the expiration of such 30-day period; provided, however, that continued absence
				beyond 30 days shall be a condition for discharge if such absence is not in the
				consumer's clinical best interest.
6. The consumer has refused necessary and
				appropriate services offered by the PA pursuant to a properly developed
				individualized rehabilitation plan; the refusal is contrary to his or her
				clinical interest; the consumer has failed to offer any alternate plan, which
				would be consistent with his or her clinical interest; and an alternative
				living arrangement other than a hospital is available.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 11 - EXCLUSION AND DISCHARGE FROM SUPERVISED RESIDENCES › Section 10:37A-11.3 - Discharge procedures from supervised residences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The PA may discharge and remove a
				consumer from a supervised residence only after complying with all of the
				procedures set forth in this chapter.
(b) The PA shall comply with the following
				procedures in all cases prior to discharge, except when the consumer cannot be
				located, or, despite the PA's effort to comply, the consumer is unwilling to
				participate:
1. The PA's assigned clinical
				staff shall fully inform the consumer of and discuss with the consumer the
				factual and clinical basis for discharge, and, if the consumer does not agree,
				approve the discharge;
2. The PA
				shall offer to utilize the consumer Complaint/Agency Ombuds Procedure, N.J.A.C.
				10:37-4, to attempt to resolve any problems; and
3. The PA's assigned clinical staff shall
				formulate a written discharge plan and document all efforts to obtain
				appropriate alternate living arrangements and appropriate alternate treatment
				modalities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 11 - EXCLUSION AND DISCHARGE FROM SUPERVISED RESIDENCES › Section 10:37A-11.4 - Miscellaneous provisions regarding the exclusion and discharge of consumers from supervised residences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A PA
				shall not discharge or exclude a consumer from a supervised residence as a
				retaliation or reprisal for such consumer's attempt to assert his or her
				rights, desires, or needs.
(b)
				Exclusion. Whenever a consumer's behavior presents a substantial, immediate
				threat to the physical safety of others, or to the emotional or psychological
				health of other consumers, the PA may remove the consumer immediately and
				temporarily, if necessary, and may prevent the consumer from returning until
				the immediate threat has been obviated. The PA may not discharge such consumer,
				however, unless a condition for discharge listed at
10:37A-11.2
exists, and
				unless the PA follows all procedures for discharge set forth in this chapter.
				If the PA prevents the consumer's return for more than 24 hours, it must comply
				with the following procedures:
1. The
				proposed decision shall be submitted to the chief executive officer of the PA
				for his or her approval;
2. If the
				chief executive officer approves, the PA shall schedule an administrative
				review of such exclusion within the next 48 hours, before a reviewing officer
				appointed as set forth in
10:37A-11.3(d)
, and such review shall determine the propriety of the continuation of
				such exclusion. Such review shall be conducted pursuant to the procedures set
				forth at
10:37A-11.3(d)
, to the extent that such procedures are feasible and applicable. The
				reviewing officer shall make such order as he or she shall consider fair and
				appropriate.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS › Section 10:37A-12.1 - Initial licensing process

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				All inquiries related to licensure of supervised residences and supportive
				housing residences shall be made to:
New Jersey Department of Health
Division of Certificate of Need and Licensing
PO Box 358
Trenton, NJ 08625-0358
(b) To become a licensed PA, an agency shall:
1. Demonstrate the intent and ability to
				operate a residence in accordance with this chapter;
2. Be a mental health services provider with
				a service contract or, with a waiver of the contract requirement, an
				affiliation agreement with the Division. Such a service contract or affiliation
				agreement shall include provisions for the operation of community residences;
				and
3. Pay the fee(s) required by
				10:37A-12.2.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS › Section 10:37A-12.2 - Licensure fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Providers of
				supervised residences applying for a new license shall pay an initial
				application fee of $ 575.00. Providers of shared supportive housing residences
				shall pay an initial application fee of $ 100.00.
(b) On an annual basis, the PA shall submit
				the fee(s) listed at (c) below to DOH at the address listed at N.J.A.C.
				10:37A-12.1(a). Checks shall be made payable to the "State of New Jersey." No
				license shall be issued where payment of this fee has not been received in full
				by DOH. Failure to pay the fees applicable to an existing license shall result
				in revocation of that license.
(c)
				PAs shall pay the following annual licensure renewal fees:
1. For a supervised residence in a single
				detached house (SR SDH):
i.
For the first SR SDH license
						  ..................................
$ 575.00
ii.
For each additional SR SDH license
						  ...........................
$ 278.50
2.
				For community support services in a supervised apartment program (CSS SR APT)
				or community support services in a supervised residence family care program
				(CSS SR FC) license:
i.
For the first CSS SR APT or CSS SR FC license
						  .................
$ 575.00
ii.
For each additional CSS SR APT or CSS SR FC license
						  ..........
$ 287.50
3.
For each shared supportive housing residence
						  ..................
$ 100.00
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS › Section 10:37A-12.3 - Conditional licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				conditional license may be issued whenever:
1.
				Compliance with a standard pertaining to the consumer's safety, rights, or
				staffing is lacking during a housing inspection or program review;
2. A corrective action plan required pursuant
				to N.J.A.C. 10:37A-12.10, is not submitted to DOH by the PA at the designated
				time, or it is determined by DOH to be inadequate;
3. A review of a complaint or serious
				incident identifies deficiencies that warrant conditional status; or
4. A repeat deficiency is noted during a
				program review, or during a housing inspection it is evident that a previously
				noted deficiency has not been corrected.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS › Section 10:37A-12.4 - Licensing of supervised residences in single detached homes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) DOH shall
				inspect any proposed supervised residence in a single detached home, and shall
				review agency and program operations, policies, procedures, and supporting
				documentation for compliance with the provisions of this chapter, as well as
				the applicable provisions at N.J.A.C. 10:37 and 10:37D. In addition, the PA
				shall submit a current certificate of occupancy or certificate of continued
				occupancy, indicating a residential or institutional use group designation if
				the city or municipality in which the home is located has a process for issuing
				such a document for newly purchased or newly rented homes.
(b) DOH shall notify the PA, in writing, of
				any violations.
(c) Once the PA has
				corrected all violations, the PA shall request a final site inspection and
				shall submit documents indicating habitability.
(d) A license shall be issued once intent and
				capability to comply with all program requirements is demonstrated, inspections
				are satisfactory (including satisfactory certificate of life hazard use
				inspection by the fire official with jurisdiction and documentation that any
				renovations, additions, modifications, repairs, and alterations completed after
				issuance of the Certificate of Occupancy (CO) or Certificate of Continued
				Occupancy (CCO), and requiring permits from the local authority have final
				approval from the local authority), life hazard use registration (pursuant to
				Department of Community Affairs rules at
				5:70-2.4(c)) is
				initiated and there is reasonable assurance that the supervised residence in a
				single detached home shall be operated in a manner required by this chapter.
				For new construction, a certificate of occupancy issued under the Uniform
				Construction Code shall be accepted in lieu of the life hazard use inspection
				by the Fire Official. Supervised residences in single detached homes shall not
				be occupied until licensed.
(e) The
				license shall be issued by DOH.
(f)
				The license shall be limited to a specifically identified facility, issued for
				a period of two years, and shall indicate the maximum number of persons to be
				served within that facility.
(g)
				The original license (not a copy) shall be available on the agency's premises
				for review by DOH, or any interested members of the public, during normal
				business hours.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS › Section 10:37A-12.5 - Licensed supervised residences in apartments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) DOH may inspect any proposed apartment
				site(s), and review agency and program operations policies, procedures, and
				supporting documentation for compliance with the provisions of this subchapter
				and the applicable provisions at N.J.A.C. 10:37 and 10:37D.
(b) DOH shall notify the PA, in writing, of
				any and all violations.
(c) Once
				the PA has corrected all violations, the PA shall request a final site
				inspection and shall submit documents indicating habitability if requested by
				DOH.
(d) A license shall be issued
				once intent and capability to comply with all program requirements is
				demonstrated, inspections, if any, are satisfactory and there is reasonable
				assurance that the supervised residences in apartment(s) shall be operated in a
				manner required by this chapter.
(e) The license shall be issued by
				DOH.
(f) The license shall be
				issued to the PA for a specific number of supervised residences in apartments
				and total capacity for consumers within a county for a period of two years. The
				PA shall notify DCN&L, of any new apartment (before it is occupied), any
				additional bed capacity, and any apartment that is closed. If adding a new
				apartment or bed capacity will exceed the licensed capacity of the apartment
				program, the PA shall not allow the consumer(s) to occupy the new apartment(s)
				or bed(s) until the licensed capacity is increased. The PA shall not occupy a
				new apartment in a county in which it is not licensed to operate apartments
				until such a license is issued. The new facilities shall comply with all
				requirements of this chapter. The PA shall notify DCN&L of all supervised
				residences apartments at the time of the housing inspection.
(g) The license shall be available on the
				agency's premises for review by DCN&L and/or DOH, and any members of the
				public, during normal business hours.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS › Section 10:37A-12.6 - Licensing supervised residences in family care homes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The PA shall develop a written services
				agreement with the individual who operates a supervised residence in a family
				care home.
(b) The content of the
				services agreement between the PA and the individual who operates a supervised
				residence in a family care home shall have been approved by the
				Division.
(c) DOH may inspect any
				proposed supervised residence in a family care home and review all agency and
				program operations, policies, procedures, and supporting documentation for
				compliance with the provisions of this chapter and all other applicable rules.
				The PA shall notify DCN&L, at the address at N.J.A.C. 10:37A-12.1(a), of
				any proposed supervised residence in a family care home (before placing a
				consumer in it), of any additional bed capacity, and any new family care home
				that is closed. If adding a new supervised residence in a family care home or
				increasing bed capacity will exceed the licensed capacity of the family care
				program, the PA shall not place a consumer in the new supervised residence in a
				family care home or in the new bed until the licensed capacity is increased.
				The PA shall not place a consumer in a new supervised residence in a family
				care home in a county in which it is not licensed to operate supervised
				residences in family care homes until such a license is issued. The PA shall
				notify DCN&L, of all supervised residences in family care homes at the time
				of the housing inspection.
(d) DOH
				shall notify the PA, in writing, of any violations.
(e) Once the PA has corrected all violations,
				the PA shall request a final site inspection and shall submit documents
				indicating habitability, if requested by DOH.
(f) A license shall be issued once intent to
				comply with all program requirements is demonstrated, inspections, if any, are
				satisfactory, and there is reasonable assurance that the supervised residences
				in family care home(s) shall be operated in a manner required by this
				chapter.
(g) The license shall be
				issued by DOH.
(h) The license
				shall be issued to the PA for a period of two years and shall be limited to a
				defined number of supervised residences in family care homes within a county
				and shall indicate the maximum number of consumers to be served. No supervised
				residence in a family care home shall serve more than three consumers at any
				one time (unless up to four consumers were being served prior to January 3,
				2005). The PA shall not exceed the capacity specified on the license.
(i) The license shall be available on the
				PA's premises for review by DCN&L and/or DOH, and any members of the
				public, during normal business hours.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS › Section 10:37A-12.7 - Licensing shared supportive housing residences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) DOH may inspect any proposed supportive
				housing residence and review all program operations for compliance with the
				provisions of this chapter.
(b) DOH
				shall notify the PA, in writing, of any violations.
(c) Inspections of shared supportive housing
				residences to be licensed will be in accordance with provisions contained in
				10:37A-8.1 through 8.12 unless
				specifically excluded.
(d) Licenses
				shall be issued once intent and capability to comply with all program
				requirements is demonstrated, inspections, if any, are satisfactory and there
				is reasonable assurance that the supportive housing residence shall be operated
				in a manner required by this chapter.
(e) All licensed shared supportive housing
				residences shall be evaluated on site every two years by DCN&L, and at the
				discretion of DOH, as needed.
(f)
				The license shall be issued by DOH to the PA for two years.
(g) The license shall be available on the
				PA's premises for review during normally scheduled business hours.
(h) Should all consumers receiving services
				in a shared supportive housing residence refuse or not receive services for a
				period of 90 days, the PA shall notify DCN&L, at which time the license
				will be terminated.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS › Section 10:37A-12.8 - Waiver of standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Requests for waivers of standards contained in this section shall be made to
				the Department, in writing, at the address identified at
10:37A-12.1(a)
, with supporting information justifying the request.
(b) Waivers of specific program rules shall
				be considered, at the discretion of the Department in consultation with the
				Assistant Commissioner, or designee, of the Division, provided that one or more
				of the following conditions have been met:
1.
				Where strict enforcement of the rule would result in unreasonable hardship on
				the consumer resident;
2. The
				waiver addresses a particular need of a consumer resident(s) but does not
				adversely affect the health, safety, welfare, or rights of the consumer
				resident; or
3. There is a clear
				clinical or programmatic justification for such a waiver that will enhance a
				PA's effectiveness or efficiency without an adverse effect on any consumer's
				health, safety, welfare, or rights; and
4. There is a clearly demonstrated need for
				the type of program services to support the continuum of community-based
				services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS › Section 10:37A-12.9 - License renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				licenses shall be subject to renewal every two years, except for the community
				support services license. The community support services license shall be
				renewed at the time of the triennial program review.
(b) Determination of license renewal shall be
				based on the housing inspection and triennial program review conducted by
				DCN&L. A housing inspection shall be conducted minimally every two
				years.
(c) Deemed status may be
				considered as part of the DOH licensing process at the time of the triennial
				program review. For programs granted deemed status, in some cases a triennial
				program review will be conducted and it shall primarily focus on, but shall not
				be limited to, staffing and clinical records. Deemed status may be considered
				in those cases where:
1. The residential
				program is accredited within the past three years by an accrediting body
				recognized by DOH and the accreditation remains in effect; and
2. The program submits the accrediting body
				report indicating the program is accredited, as well as other documentation
				requested by DOH. As applicable, any remediation plan required by the
				accrediting body shall also be submitted.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS › Section 10:37A-12.10 - Inspection and monitoring of residences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All PAs and residences shall be subject
				to site reviews in accordance with N.J.A.C 8:121, Licensure Standards for
				Mental Health Programs.
(b)
				Supervised residences that are single family detached homes shall be inspected
				on site at least every two years by DOH and, at the discretion of DOH or
				DCN&L, as needed.
(c)
				Supervised residences located in PA apartments shall be inspected on site at
				least every two years by DOH and, at the discretion of DOH or DCN&L, as
				needed.
(d) All PA family care
				homes shall be evaluated at least every two years by DOH and, at the discretion
				of DOH or DCN&L, as needed.
(e)
				All licensed shared supportive housing residences shall be evaluated on-site
				every two years by DOH and, at the discretion of DOH or DCN&L, as
				needed.
(f) A written report of
				residence inspections, including all deficiencies and violations, shall be
				provided to the PA by DOH within 60 days from the date of the site
				review.
(g) A review shall be
				conducted by DOH at least every three years to assess the PA's compliance with
				the programmatic requirements in this chapter. A written report shall be
				provided to the PA within 90 days of the review.
(h) No later than 40 days after receipt of an
				inspection or review report, the PA shall provide a plan of correction (POC) to
				DOH. The POC shall document which specific violations have been corrected and
				the actions taken or planned, as well as the anticipated date of full
				correction, for each specific outstanding violation.
(i) The PA shall be notified in writing
				whether the POC is approved for implementation or whether there are any areas
				that need to be addressed further.
(j) For any violations cited by DOH as
				presenting an imminent threat to the health or safety of a consumer, the PA
				shall correct them or remove the threat created by such violations immediately
				and shall provide written notice, within 48 hours, to DOH that such action has
				been taken.
(k) If the DOH report
				identifies violations other than those presenting an imminent threat to the
				health and/or safety of a consumer, once the POC is approved by DOH, the PA
				shall provide a report to DCN&L on progress toward remediation of
				deficiencies every 60 days until compliance is achieved.
(l) When the PA is cited for a physical
				violation and the maintenance is the responsibility of another party, there
				must be documented evidence that the PA has informed the building owner and his
				or her agent of the need to correct any violations. If such violations are not
				corrected, the PA shall take further action as appropriate.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS › Section 10:37A-12.11 - Appeal of the Department's findings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The PA may appeal findings of DCN&L,
				pursuant to N.J.A.C. 10:37A-12.13, Review of administrative sanctions. In the
				case of life-threatening violations, such appeal shall be conducted pursuant to
				N.J.A.C. 10:37A-12.14, Emergency situation.
(b) The appeal of findings shall be directed
				to the DOH Commissioner, or designee, with a copy sent to DCN&L, within 20
				days of receipt of the written report of findings. Such appeals shall be
				submitted to DOH, DCN&L, PO Box 358, Trenton, NJ 08625-0358. Copies of
				these appeals shall be sent to Assistant Commissioner's Office, Division of
				Mental Health and Addiction Services, PO Box 362, Trenton, New Jersey,
				08625-0362.
(c) A decision on the
				merits of the appeal shall be provided within 20 days of its receipt. This
				decision shall be made by DOH, in consultation with the Division.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS › Section 10:37A-12.12 - Administrative sanction for PA's failure to adequately address violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				that the PA does not submit the corrective action plan specified at N.J.A.C.
				10:37A-12.10(g), (h), and (k) by the required date, or if violations have not
				been abated within time frames specified in the report or other DOH
				correspondence, DOH shall have the option of directing the Division to suspend
				payments to which the PA may be entitled under any agreements with the
				Division, and DOH shall have the option of imposition of a moratorium on
				admissions to the residence, revocation of the current license to operate the
				residence or program, non-renewal of the license to operate the residence or
				program, or imposition of other administrative sanctions.
(b) In the event that DOH requires the
				revocation or non-renewal of the license and the relocation of the consumers, a
				written order shall be directed to the PA's executive director and to the
				President of the Board of Directors of the PA.
(c) Under the supervision of the Division,
				the PA shall be responsible for placement of consumers when an order to vacate
				the premises and the revocation of a license has been issued by DOH.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 12 - LICENSING, SITE REVIEW, AND WAIVERS › Section 10:37A-12.13 - Review of administrative sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where an administrative sanction exists
				or a negative licensing action has been taken pursuant to
10:37A-12.12
and the PA
				denies the basis of the sanction or licensing action, the PA may submit a
				written request for a review of the action to the Department within 20 days of
				receipt of the sanction or licensing action at the address indicated in
10:37A-12.11(b)
. A decision shall be rendered by the Department within five working
				days of the receipt of the written request for a review.
(b) If the PA chooses to appeal a final
				decision made by the Department regarding an administrative sanction or
				licensing action pursuant to the provisions of (a) above, the PA may request an
				administrative 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
.