reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 155 - CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND PROGRAM › Subchapter 1 - CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND PROGRAM › Section 10:155-1.16 - Administration of payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State
				Office shall oversee processing of payments from the Fund. Though in general
				payments shall be made directly to providers and vendors, consideration shall
				be given to making payments directly to families.
(b) Items in
				10:155-1.14, Eligible health
				services, shall be considered for payments.
(c) For the purpose of providing the moneys
				necessary to establish and meet the purposes of the Fund, the Commission shall
				establish a $ 1.50 annual surcharge per employee for all employers who are
				subject to the New Jersey "Unemployment Compensation Law,"
				43:21-1 et seq. The surcharge
				shall be collected by the Controller for the New Jersey Unemployment
				Compensation Fund and paid over to the State Treasurer for deposit in the Fund
				annually as provided by the statute.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 155 - CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND PROGRAM › Subchapter 1 - CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND PROGRAM › Section 10:155-1.17 - Appeal process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				applies to the appeals:
1. Upon receipt of a
				determination by the State Office, an applicant who disputes that determination
				may appeal to the Catastrophic Illness in Children Relief Fund Commission by
				filing a written appeal to:
New Jersey State Department of Human Services
Catastrophic Illness in Children Relief Fund
				  Commission
PO Box 0728
Trenton, NJ 08625-0728
Attn: Chairperson
2. Appeals must be postmarked and mailed to
				the above address no later than 30 days from the date of notice of the
				determination made by the State Office. The Commission may waive the deadline
				for cause.
3. The written appeal
				shall include all reasons and grounds for disputing the determination made by
				the State Office and all proof and documentation in support of the
				appeal.
4. The Commission shall
				conduct such review and analysis as is necessary to reach a decision on the
				appeal. At its discretion, the Commission may direct a conference to be
				convened with the applicant, or may refer the matter to the Office of
				Administrative law pursuant to the Administrative Procedure Act,
				52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
5. Except for appeals referred to the Office
				of Administrative Law, the Commission shall render a decision on the appeal
				within 180 days from the date of original receipt of the appeal. Appeals
				referred to the Office of Administrative Law shall be decided by the Commission
				within 45 days from the date of filing of the Initial Decision of the
				Administrative Law Judge, or at such later date as permitted by law.
6. A decision made by the Commission shall be
				final. It may be appealed to the Superior Court of New Jersey as permitted by
				court rules.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 155 - CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND PROGRAM › Subchapter 1 - CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND PROGRAM › Section 10:155-1.18 - Special cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Special cases shall be referred to the
				Commission for its review and consideration. Special cases shall include, but
				are not limited to, the following:
1. In
				special cases in which a family has more than one child with a catastrophic
				illness (as defined by expenses in excess of the 10 percent of the first $
				100,000 of annual income of a family plus 15 percent of the excess income over
				$ 100,000 threshold for each child), consideration shall be given to waiving
				the family responsibility as outlined in
				10:155-1.2 for the other
				child/children given that the family would have already met the family
				responsibility for the first child in a State fiscal year.
2. For special hardship cases that come
				before the Commission during a batch cycle, after the standard disbursement
				guidelines have been applied to each case in the batch and sufficient monies
				remain in the Fund, consideration shall be given to waiving the standard
				disbursement guidelines (that is, the family responsibility and the caps as
				outlined in
				N.J.A.C.
				10:155-1.2 and 1.7).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 155 - CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND PROGRAM › Subchapter 1 - CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND PROGRAM › Section 10:155-1.19 - Confidentiality of information

Current through Register Vol. 56, No. 14, July 15, 2024
Information received pursuant to the duties required by the
				  Act shall not be disclosed publicly in such a manner as to identify individuals
				  unless special circumstances require such disclosure and the proper notice is
				  served and parent or legal guardian's consent is given, as may be necessary for
				  pending legal proceedings.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 155 - CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND PROGRAM › Subchapter 1 - CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND PROGRAM › Section 10:155-1.20 - Recovery of Commission expenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a family
				receives assistance from the Fund for a child, in accordance with this chapter,
				and subsequently recovers damages or a financial award for the child's medical
				expenses, pursuant to a settlement or judgment in a legal action, the family
				shall reimburse the Fund for either:
1. The
				amount of assistance received from the Fund; or
2. The portion of assistance received for the
				injury, illness or condition covered by the damage or judgment, less the
				family's expenses of recovery.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 155 - CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND PROGRAM › Appendix I

Current through Register Vol. 56, No. 14, July 15, 2024
Examples of Catastrophic Illness in Children
						Relief Fund Program +
The examples below illustrate the extent to
						which the Fund would assist three
families with different income levels.
FAMILY #1 (with income of $ 30,000)
Family
						income:...................................................
$ 30,000
Eligibility Standard (Exceeding 10% of income):
						.................
3,000
Amount of Eligible Medical Expenses not Covered by
						Insurance:....
15,000
Family Responsibility (Exceeding 10% of Eligibility
						Standard):...
300
Amount of Fund's Financial Assistance to Family:
						................
14,700
Amount for which Family remains responsible:
						....................
300
FAMILY #2 (with income of $ 80,000)
Family
						income:...................................................
$ 80,000
Eligibility Standard (Exceeding 10% of income):
						.................
8,000
Amount of Eligible Medical Expenses not Covered by
						Insurance:....
15,000
Family Responsibility (Exceeding 10% of Eligibility
						Standard):...
800
Amount of Fund's Financial Assistance to Family:
						................
14,200
Amount for which Family remains responsible:
						....................
800
FAMILY #3 (with income of $ 120,000)
Family
						income:...................................................
$ 120,000
Eligibility
						Standard:............................................
13,000
Exceeding 10% of the first $ 100,000 or 10,000
Exceeding 15% of the excess over $ 100,000 or 3,000
Amount of Eligible Medical Expenses not Covered by
						Insurance:....
15,000
Family Responsibility (Exceeding 10% of Eligibility
						Standard):...
1,300
Amount of Fund's Financial Assistance to Family:
						................
13,700
Amount for which Family remains responsible:
						....................
1,300
+ Assuming: an annual $ 100,000 cap; adequate
						monies available in Fund
obviating need for additional restrictions and
						cost-sharing; and none of the
cases are in the "special" category.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 1 - DEFINITIONS AND STAFF QUALIFICATIONS AND RESPONSIBILITIES › Section 10:161B-1.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				applies to all substance (alcohol and drug) use disorder treatment facilities
				that provide outpatient substance use disorder treatment services to adults and
				juveniles, including: outpatient, intensive outpatient, partial care,
				outpatient detoxification, and opioid treatment which includes opioid
				maintenance and opioid detoxification. Outpatient substance use disorder
				treatment facilities provide diagnostic and treatment services to persons who
				present at the facility to receive services and depart from the facility on the
				same day. The rules in this chapter constitute the basis for the inspection of
				outpatient substance use disorder treatment facilities by the New Jersey
				Department of Health (DOH).
(b)
				This chapter also applies to hospitals licensed by the DOH, pursuant to
				N.J.A.C. 8:43G, which offer hospital-based outpatient substance use disorder
				treatment services in a designated outpatient unit or facility or provide any
				of the modalities of outpatient substance use disorder treatment listed at (a)
				above. DOH does require a separate license for hospital-based substance use
				disorder treatment programs; hospitals providing services covered by this
				chapter shall comply with these standards and shall be licensed, monitored,
				and/or reviewed by DOH.
(c) This
				chapter also applies to primary health care facilities, as defined and licensed
				by the DOH, pursuant to N.J.A.C. 8:43A, which offer outpatient substance use
				disorder assessment, referral, and/or treatment services or provide any of the
				modalities of outpatient substance use disorder treatment listed at (a) above.
				The Division of Certificate of Need and Licensing (DCN&L) does require a
				separate outpatient substance use disorder treatment facility license for
				primary health care facilities; primary health care facilities providing
				services covered by this chapter shall comply with these standards and shall be
				licensed, monitored, and reviewed by DOH.
(d) Facilities currently licensed as
				Ambulatory Care Outpatient Drug Treatment Facilities under
N.J.A.C.
				8:43A
shall comply with this chapter and shall apply for licensure as
				an outpatient substance use disorder treatment facility upon expiration of
				existing licenses, in accordance with (a) or (b) above.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 1 - DEFINITIONS AND STAFF QUALIFICATIONS AND RESPONSIBILITIES › Section 10:161B-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to protect the health and
				  safety of clients by establishing minimum rules and standards of care with
				  which an outpatient substance use disorder treatment facility must adhere to be
				  licensed to operate in New Jersey.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 1 - DEFINITIONS AND STAFF QUALIFICATIONS AND RESPONSIBILITIES › Section 10:161B-1.4 - Qualifications and responsibilities of the medical director

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Opioid
				treatment and detoxification facilities are required under N.J.A.C. 10:161B-7
				to hire a physician as medical director who is currently licensed in accordance
				with the laws of this State to perform the scope of services set forth in this
				chapter. This physician must be certified by the American Society of Addiction
				Medicine (ASAM), or its successor certification board, by June 1, 2012.
1. A physician currently licensed to practice
				in the State of New Jersey, who has not completed ASAM certification by June 1,
				2012, must have worked in a substance use disorder treatment facility a minimum
				of five years for at least 20 hours per week and have completed the
				ASAM/American Association for the Treatment of Opioid
Dependence (AATOD) clinicians training course,
http://www.aatod.org/resources/additional-education-on-opioid-dependence/providers-clinical-support-system-for-medic
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 1 - DEFINITIONS AND STAFF QUALIFICATIONS AND RESPONSIBILITIES › Section 10:161B-1.5 - Qualifications and responsibilities of the director of nursing services

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				In addition to the requirement of medical director, opioid treatment programs
				and facilities providing detoxification services are also required to hire a
				director of nursing services pursuant to N.J.A.C. 10:161B-8. The program shall
				hire a registered professional nurse (RN) currently licensed in New Jersey, and
				who has at least six months of full-time experience, or the full-time
				equivalent, in nursing supervision or nursing administration in the management
				of addictions in a licensed substance use disorder treatment facility. In an
				opioid treatment program or a facility providing detoxification services, the
				individual must have one year of supervisory experience or three years of
				experience in a substance use disorder treatment program or facility.
(b) The director of nursing services shall be
				responsible for the direction, provision and quality of nursing services
				provided to clients, including the following:
1. Providing administrative oversight of the
				facility's nursing services, and where appropriate, directly supervising the
				facility's nursing staff;
2.
				Assisting the administrator of the facility in the development and maintenance
				of written objectives, policies and procedures, an organizational plan, and a
				quality assurance program for nursing services, and reviewing all nursing
				policies and procedures at least annually;
3. In conjunction with the administrator and
				the governing authority of the program, planning and budgeting for nursing
				services;
4. Ensuring the
				coordination and integration of nursing services with other client care
				services to ensure continuity of care for each client;
5. Ensuring that the program complies with
				required nursing staffing patterns;
6. Assisting in the development of written
				job descriptions for the nursing staff, and assigning duties of the nursing
				staff;
7. Participating in staff
				orientation and staff education activities, when applicable; and
8. Participating in team conferences with the
				multidisciplinary team, and the client care committee (if the facility chooses
				to establish a client care committee).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 1 - DEFINITIONS AND STAFF QUALIFICATIONS AND RESPONSIBILITIES › Section 10:161B-1.6 - Qualifications of pharmacists

Current through Register Vol. 56, No. 14, July 15, 2024
Each opioid treatment program and each outpatient
				  detoxification program dispensing medications on-site shall engage or contract
				  with a pharmacist currently registered with the New Jersey State Board of
				  Pharmacy.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 1 - DEFINITIONS AND STAFF QUALIFICATIONS AND RESPONSIBILITIES › Section 10:161B-1.8 - Qualifications and responsibilities of the director of substance abuse counseling services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every program shall employ at least one
				individual who meets at least the minimum following qualifications as the
				director of substance abuse counseling:
1. A
				New Jersey licensed psychologist who possesses a Certification of Proficiency
				in the Treatment of Alcohol and other Psychoactive Substance Use Disorders from
				the American Psychological Association, College of Professional Psychology,
				http://www.apa.org/practice/index.aspx, or is an LCADC;
2. A New Jersey licensed clinical social
				worker, who is a certified clinical supervisor by The Certification Board,
http://certbd.org/site/wp-content/uploads/Certified-Clinical-Supervisor-application.pdf
,
				or is an LCADC;
3. A New Jersey
				licensed professional counselor, or licensed marriage and family therapist, who
				is a certified clinical supervisor by The Certification Board,
http://certbd.org/site/wp-content/uploads/Certified-Clinical-Supervisor-application.pdf
,
				or who is an LCADC;
4. A New
				Jersey licensed clinical alcohol and drug counselor who, in addition, holds a
				Master's degree recognized by the New Jersey Board of Marriage and Family
				Therapy Examiners, Alcohol and Drug Counselor Committee, Division of Consumer
				Affairs, New Jersey Department of Law and Public Safety as meeting the
				educational requirements set forth in
				13:34C-2.2(b)1;
5. A New Jersey licensed physician, certified
				by the American Society of Addiction Medicine, or a Board-certified
				psychiatrist; or
6. A New Jersey
				licensed advanced practice nurse who is a certified clinical supervisor by the
				Certification Board,
http://certbd.org/site/wp-content/uploads/Certified-Clinical-Supervisor-application.pdf
,
				  or is an LCADC.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 1 - DEFINITIONS AND STAFF QUALIFICATIONS AND RESPONSIBILITIES › Section 10:161B-1.9 - Qualifications and responsibilities of the substance abuse counseling staff

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every facility shall ensure that the
				ratios of substance abuse counseling staff are maintained so that 50 percent of
				the staff are LCADC or CADC or other licensed health professionals doing work
				of an alcohol or drug counseling nature within their scope of practice by June
				1, 2012, and at all times thereafter. The remaining 50 percent of substance
				abuse counseling staff will be considered counselor-interns (formerly referred
				to as "substance abuse counselors in training") who are actively working toward
				LCADC or CADC status, or toward another health professional license that
				includes work of an alcohol or drug counseling nature within its scope of
				practice. The director of substance abuse counseling must maintain an active
				client caseload if the director of substance abuse counseling is to be counted
				in the above ratios.
1. Each substance abuse
				counselor shall be either an LCADC or a CADC or another licensed health
				professional doing work of an alcohol or drug counseling nature within their
				scope of practice.
i. A CADC shall work under
				the supervision of an LCADC, or another health professional licensed to
				supervise work of an alcohol or drug counseling nature within their scope of
				practice.
ii. A CADC cannot
				diagnose substance abuse without the signature approval of an LCADC or other
				clinical supervisor approved to do so.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 1 - DEFINITIONS AND STAFF QUALIFICATIONS AND RESPONSIBILITIES › Section 10:161B-1.10 - Qualifications of dieticians

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall hire at least one dietician registered by
				  the Commission on Dietetic Registration, 120 South Riverside Plaza, Suite 2000,
				  Chicago, IL 60606-6995,
http://www.cdrnet.org
, if the facility
				  serves any meals other than snacks to clients in the treatment program.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.1 - Applications for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All facilities
				operating as outpatient substance use disorder treatment facilities shall be
				licensed by DCN&L in accordance with this chapter. No facility shall
				operate an outpatient substance use disorder treatment facility until DCN&L
				issues a license to do so.
(b) Any
				person, organization, or corporation planning to operate an outpatient
				substance use disorder treatment facility shall obtain application forms from,
				and submit completed application forms with the appropriate fees for each site
				to:
New Jersey Department of Health
Division of Certificate of Need and Licensing
PO Box 358
Trenton, NJ 08625-0358
(c) DCN&L will maintain and update
				initial license application, renewal application, and inspection fees pertinent
				to newly licensed applicants and/or ongoing licensure and will update such fees
				by amending the fee section of this chapter as needed.
(d) Failure to pay the inspection and or
				licensing fees shall result in non-renewal of the license for existing
				facilities and the refusal to issue an initial license for new
				facilities.
(e) An application fee
				schedule shall be established and maintained by DOH, and will be included with
				the licensing application provided by DOH. As per the fee schedule, established
				rates at the time of submission of each application shall apply. All applicants
				shall submit a non-refundable application fee and a DOH inspection fee as
				follows:
1. First time applicants of newly
				created treatment agencies:
i. New facility
				fee ($ 1,750);
ii. Initial and
				ongoing biannual DOH inspection fee ($300.00);
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.2 - Licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once issued, a license shall not be
				assignable or transferable, and shall be immediately void if the program ceases
				to operate, relocates, or its ownership changes.
(b) Once issued, a license shall be granted
				for a period of one year (12 consecutive months), and shall be eligible for
				annual renewal on and up to 30 days following the license anniversary date
				(each renewal shall be dated back to the license anniversary date) upon
				submission of the appropriate licensing and inspection fees, providing the
				license has not been suspended or revoked by DCN&L, and the program
				otherwise continues to be in compliance with all local rules, State rules, and
				other requirements.
(c) Once
				issued, the license shall be conspicuously posted in the facility at all
				times.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.3 - Application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person,
				organization, or corporation applying for a license to operate an outpatient
				substance use disorder treatment facility shall specify the services in
10:161B-2.1(j)
the facility seeks to provide on the application.
(b) No facility or program shall admit
				clients until the facility or program has a license by DCN&L to operate the
				specific modality or modalities of treatment as referenced at
				N.J.A.C.
				10:161B-2.1(j).
(c) Survey and other site visits may be made
				to a facility at any time by authorized DCN&L staff. Such visits may
				include, but not be limited to, the review of all facility documents, client
				records, and conferences with clients. Such visits may be announced or
				unannounced.
(d) As of June 1,
				2009, upon annual renewal of its current license, each program shall specify
				the types of services to be provided, including if the program wishes to change
				the specification of services on the license.
(e) If a program adds any service listed at
				N.J.A.C.
				10:161B-2.1(j)  during the
				annual licensure period, the program shall submit an application to DCN&L
				for an amended license as well as adhere to all applicable local, State, and
				Federal approvals prior to providing the additional service. An amended license
				shall be based upon compliance with this chapter, and may be contingent upon an
				onsite inspection by representatives of DCN&L. Opioid treatment and
				detoxification services shall not be added during the license period without
				amending the license application.
(f) The applicant shall indicate on its
				application if a program is new or otherwise innovative, not fitting any of the
				categories specified in
				10:161B-2.1(j),
				and shall then submit a complete program description with the application,
				including, at a minimum, the following:
1.
				The target population, including number of clients to be served;
2. A detailed explanation of the services to
				be offered;
3. The frequency of
				counseling sessions;
4. The
				criteria and/or credentialing for staff;
5. The relationship to existing programs
				provided by the applicant;
6. The
				number of clients to be served at each facility and/or, if a new application, a
				projection of the number of clients to be served at each facility;
7. A proposed treatment category or modality
				of treatment; and
8. Documentation
				to demonstrate that the new and or innovative program is effective, safe and
				provides services that do not violate patient rights.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.4 - Newly constructed, renovated, expanded or relocated facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications
				for licensure of newly constructed or expanded facilities shall include the
				following:
1. A copy of the written approval
				of the plans and final construction approval by the Department of Community
				Affairs or by the facility's municipality; and
2. A proposed plan of operation or set of
				bylaws for the governing authority of the program.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.5 - Review and approval of a license application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				applicant or DCN&L may request a preliminary review meeting to discuss the
				applicant's proposed program. Such a functional preapplication review shall
				provide the applicant with an opportunity for technical assistance regarding
				the necessity, feasibility, requirements, costs, and benefits of applying for a
				license.
(b) Following receipt of
				an application, DCN&L shall review it for completeness, and relevant fees
				at N.J.A.C. 10:161B-2.1. If DCN&L
				deems that the application is incomplete, DCN&L shall notify the applicant,
				in writing, of any missing information. Such written notification from
				DCN&L shall occur within 15 working days upon receipt of said application.
1. The applicant shall be permitted to supply
				any missing information in the application to DCN&L within 30 working days.
				If the application is not deemed complete by DCN&L, in writing, to the
				applicant within six months, it shall be denied as incomplete and the applicant
				may reapply after 30 days. DCN&L shall not consider any application until
				it is deemed complete.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.6 - Surveys

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When both the written application for
				licensure is approved and the building is ready for occupancy, DCN&L
				representatives shall conduct a survey of the facility within 30 working days
				to determine if the facility complies with the rules in this chapter.
1. DCN&L shall notify the facility, in
				writing, of the findings of the survey, including any deficiencies found,
				within 20 working days after completion of the survey by DCN&L.
2. The facility shall notify DCN&L, in
				writing, when the deficiencies have been corrected. Within 30 working days of
				receiving written notification that the deficiencies have been corrected,
				DCN&L will reschedule at least one re-survey of the facility prior to
				occupancy; additional re-surveys may be scheduled prior to occupancy until all
				deficiencies are corrected.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.7 - Conditional license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A conditional license may be issued by
				DCN&L with specific conditions and standards defined on such license and/or
				written in a conditional license letter granted by DCN&L when the purposes
				and intent of the proposed program are outside the scope of a regular license.
				All standards within this chapter apply unless specifically mentioned in the
				conditions of said license. Such letter and conditional license must be
				conspicuously posted by the licensee in accordance with
				N.J.A.C.
				10:161B-2.2(c).
(b) DCN&L may issue a conditional license
				if DCN&L determines that it is in the best interest of the clients
				benefiting from the treatment program in question and in order to preserve
				and/or improve the proper functioning of the program.
(c) DCN&L may issue a conditional license
				in order to address contingencies and/or special program needs that can be
				addressed by the applicant and monitored by DCN&L, as agreed between
				DCN&L and the applicant, with the safety and well being of the clients and
				staff of the program as the overriding priority.
(d) A conditional license may be issued to a
				program providing a type or category of service not listed above in
				10:161B-2.1(j),
				nor otherwise addressed by this chapter.
(e) A conditional license may be issued to a
				new program that was reviewed before beginning to provide services. Within 30
				working days of DCN&L receiving written notification from the program that
				it is fully operational, DCN&L shall schedule a follow up visit to
				determine whether the program is functioning in accordance with this chapter,
				and is eligible to receive a regular license.
(f) The conditional license shall be
				conspicuously posted in the facility at all times.
(g) The conditional license is not assignable
				or transferable, and it shall be immediately void if the facility ceases to
				operate, if the facility's ownership changes, or if the facility is relocated
				to a different site.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.8 - Periodic surveys following licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Authorized
				DCN&L staff may conduct announced or unannounced visits and periodic
				surveys of licensed programs. The identity of clients will be kept confidential
				on all data collected by DCN&L staff for survey purposes.
(b) Survey visits may include, but shall not
				be limited to:
1. Review of the physical
				plant and architectural plans;
2.
				Review of all documents and client records;
3. Conferences or one on one interviews with
				clients and staff; and
4. Review of
				compliance with criteria set forth in this chapter.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.9 - Deficiency findings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A deficiency may be cited by DCN&L
				upon any single or multiple determination that the facility does not comply
				with a licensure regulation. Such findings may be made as the result of either
				an on-site survey or inspection or as the result of the evaluation of written
				reports or documentation submitted to DCN&L, or the omission or failure to
				act in a manner required by regulation.
(b) At the conclusion of a survey or within
				20 business days thereafter, DCN&L shall provide a facility with a written
				summary of any factual findings used as a basis to determine that a licensure
				violation has occurred, and a statement of each licensure regulation to which
				the finding of a deficiency relates.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.10 - Informal dispute resolution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility may
				request an opportunity to discuss the accuracy of survey findings with
				representatives of DOH in the following circumstances during a survey:
1. During the course of a survey to the
				extent such discussion does not interfere with the surveyor's ability to obtain
				full and objective information and to complete required survey tasks;
				or
2. During the exit interview or
				other summation of survey findings prior to the conclusion of the
				survey.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.11 - Plan of correction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) DCN&L may require that the facility
				submit a written plan of correction specifying how each deficiency that has
				been cited will be corrected along with the time frames for completion of each
				corrective action. A single plan of correction may address all events
				associated with a given deficiency.
(b) The plan of correction shall be submitted
				within 10 business days of the facility's receipt of the notice of violations,
				unless DCN&L specifically authorizes an extension for cause. Where
				deficiencies are the subject of informal dispute resolution pursuant to
				N.J.A.C.
				10:161B-2.10, the extension shall pertain
				only to the plans of correction for the deficiencies under review.
(c) DCN&L may require that the facility's
				representatives and/or board of directors appear at an office conference to
				review findings of serious or repeated licensure deficiencies and to review the
				causes for such violations and the facility's plan of correction.
(d) The plan of correction shall be reviewed
				by DCN&L and will be approved where the plan demonstrates that compliance
				will be achieved in a manner and time that ensures the health and safety of
				patients or residents. If the plan is not approved, DCN&L may request that
				an amended plan of correction be submitted within 10 business days. In relation
				to violations of resident or patient rights, DCN&L may direct specific
				corrective measures that must be implemented by facilities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.12 - Surrender of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a program
				elects to voluntarily surrender a license, it shall provide written notice of
				its intention to do so, and the specific date on which it shall surrender its
				license, to effect an orderly transfer of clients, as follows:
1. The program shall provide DCN&L with
				at least 45 days prior notice;
2.
				The program shall provide each client, prescribing physician(s) and primary
				substance abuse counselor(s) at least 30 days prior notice. In addition, the
				program shall arrange for each client to be transferred to a licensed facility
				or other licensed program capable of providing the appropriate level of
				care.
3. The program shall provide
				appropriate notice, in writing, to any program to which it has sent client
				referrals and from which it has received client referrals in the past three
				years; and
4. The program shall
				provide each guarantor of payment at least 30 days prior notice.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.13 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for licensure or a current
				licensee may seek a waiver of one or more provisions of this chapter, provided
				that the applicant or licensee demonstrates that compliance represents an
				unreasonable hardship for the applicant or licensee, and such a waiver is
				determined by DCN&L to be consistent with the general purpose and intent of
				its enabling statute and these rules; is consistent with prevailing DCN&L
				public policy; and would not otherwise jeopardize recovery, endanger the life,
				safety, health, or welfare of the client populations to be served, their
				families, personnel who work or would work at the program, or the
				public.
(b) An applicant or a
				current licensee seeking a waiver shall submit the request, in writing, to the
				address set forth at
				N.J.A.C.
				10:161B-2.1(b), and shall
				include the following:
1. The specific
				rule(s) for which a waiver(s) is requested;
2. The specific reason(s), justifying the
				waiver, including a statement of the type and degree of hardship that would
				result if the waiver were not granted;
3. An alternative proposal to ensure the
				safety of clients and staff, client families, and the public, as
				appropriate;
4. Specific
				documentation to support the waiver request and all assertions made in the
				request;
5. A statement addressing
				how the waiver would fulfill the purpose and intent of this chapter;
				and
6. Such other additional
				information that DCN&L may determine necessary and appropriate for
				evaluation and review of the waiver request on a case-by-case basis, including
				timeframes in which the waiver will no longer be needed; DCN&L shall
				determine whether the requested timeframes are reasonable.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.14 - Enforcement remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The DOH
				Commissioner, or designee, may impose the following enforcement remedies
				against a substance use disorder treatment facility for violations of licensure
				regulations or other statutory requirements:
1. A civil monetary penalty for unlicensed
				operations;
2. Curtailment of
				admissions to a licensed substance use disorder treatment facility;
3. Reduction of a full license to, or
				issuance of, a provisional license;
4. Suspension of a license;
5. Revocation of a license;
6. Seek an injunction and/or temporary
				restraints; and
7. Any other
				remedies for violations of statutes as provided by State or Federal law, or as
				authorized by Federal survey, certification, and enforcement regulations and
				agreements.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.15 - Notice of violations and enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
The DOH Commissioner, or designee, shall serve notice to a
				  facility of the proposed assessment of civil monetary penalties, suspension or
				  revocation of a license, or placement on a provisional license, setting forth
				  the specific violations, charges, or reasons for the action. Such notice shall
				  be served on a licensee or its registered agent in person or by certified
				  mail.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.16 - Effective date of enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
The assessment of civil monetary penalties, suspension or
				  revocation of a license, or the placement of a license on provisional status
				  shall become effective 30 business days after the date of mailing or the date
				  personally served on a licensee, unless the licensee shall file with DCN&L
				  a written answer to the charges and give written notice to DCN&L of its
				  desire for a hearing in which case the assessment, suspension, revocation, or
				  placement on provisional license status shall be held in abeyance until the
				  administrative hearing has been concluded and a final decision is rendered by
				  the DOH Commissioner or designee. Hearings shall be conducted in accordance
				  with N.J.A.C.
				  10:161B-2.24.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.17 - Enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The DOH Commissioner, or designee, may
				assess a civil monetary penalty for violation of licensure regulations
				according to the following standards:
1. For
				operation of a substance use disorder treatment facility without a license, or
				continued operation of a facility after suspension or revocation of a license,
				$ 25.00 per day for a first occurrence, and $ 50.00 per day for a subsequent
				occurrence, from the date of initiation of services;
2. For a violation of an order for
				curtailment of admissions, DCN&L shall construe the order for curtailment
				of admissions as an order of revocation, and shall impose penalties consistent
				with (a)1 above;
3. Failure to
				obtain prior approval from DCN&L for occupancy of a new or renovated area,
				or initiation of a new or enhanced service, shall be considered operation of a
				facility without a license, and DCN&L shall impose penalties consistent
				with (a)1 above;
4. Construction or
				renovation of a facility without the New Jersey Department of Community
				Affairs' approval of construction plans, shall be considered operation of an
				unlicensed facility, and DCN&L shall impose penalties consistent with (a)1
				above, until the newly constructed or renovated facility is determined by
				DCN&L to be in compliance with licensure standards. This determination
				shall take into account any waivers granted by DCN&L ; and
5. Operation of a licensed facility following
				the transfer of ownership of a substance use disorder treatment facility
				without prior approval of DCN&L, shall be considered operation of an
				unlicensed facility, and DCN&L shall impose penalties consistent with (a)1
				above. Such penalties may be assessed against each of the parties at
				interest;
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.18 - Failure to pay a penalty; remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days
				after the mailing date of a Notice of Proposed Assessment of a Penalty, a
				facility that intends to challenge the enforcement action shall notify
				DCN&L of its intent to request a hearing pursuant to the Administrative
				Procedure Act, N.J.S.A. 52:14B-1 et seq.
(b) The penalty becomes due and owing upon
				the 30th day from mailing of the Notice of Proposed Assessment of Penalties, if
				a notice requesting a hearing has not been received by DCN&L. If a hearing
				has been requested, the penalty is due 45 days after the issuance of a Final
				Agency Decision by the Commissioner, or designee, if DCN&L's assessment has
				not been withdrawn, rescinded, or reversed, and an appeal has not been timely
				filed with the New Jersey Superior Court, Appellate Division, pursuant to New
				Jersey Court Rule 2:2-3.
(c)
				Failure to pay a penalty within the time frames set forth in (a) or (b) above
				as applicable may result in one or both of the following actions:
1. Institution of a summary civil proceeding
				by the State pursuant to the Penalty Enforcement Law (2A:58-10 et seq.);
				and/or
2. Placing the facility on a
				provisional license status.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.19 - Curtailment of admissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) DCN&L may
				issue an order curtailing all new admissions and readmissions to a substance
				use disorder treatment facility including, but not limited to, the following
				circumstances:
1. Where violations of
				licensing regulations are found that have been determined to pose an immediate
				and serious threat of harm to clients of a substance use disorder treatment
				facility;
2. For the purpose of
				limiting the census of a facility if clients must be relocated upon closure,
				when DCN&L has issued a Notice of Proposed Revocation or Suspension of a
				substance use disorder treatment facility license;
3. Where the admission or readmission of new
				clients to a substance use disorder treatment facility would impair the
				facility's ability to correct serious or widespread violations of licensing
				regulations related to direct client care and cause a diminution of the quality
				of care; or
4. For exceeding the
				licensed or authorized bed or service capacity of a substance use disorder
				treatment facility, except in those instances where exceeding the licensed or
				authorized capacity was necessitated by emergency conditions and where
				immediate and satisfactory notice was provided to DCN&L.