New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 3 - ENFORCEMENT REMEDIES › Section 8:43E-3.4 - Civil monetary penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A.
				26:2H-13 and 14, the Commissioner may assess a
				penalty for violation of licensure rules in accordance with the following standards:
1. For operation of a health care facility without
				a license, or continued operation of a facility after suspension or revocation of a
				license, $ 1,000 per day from the date of initiation of services;
2. For violation of an order for curtailment of
				admissions, $ 250.00 per patient, per day from the date of such admission to the
				date of discharge or lifting of the curtailment order;
3. For failure to obtain prior approval from the
				Inspections, Compliance and Complaints Program or the Long Term Care Assessment and
				Survey Program, as applicable, for occupancy of an area or initiation of a service
				following construction or application for licensure, $ 250.00 a day;
4. For construction or renovation of a facility
				without the Department of Community Affairs' approval of construction plans, $ 1,000
				per room or area renovated and immediate suspension of use in the room or area from
				the date of initial use until determined by the Department to be in compliance with
				licensure standards. This determination shall take into account any waivers granted
				by the Department.
5. For the transfer
				of ownership of a health care facility without prior approval of the Department, $
				500.00 per day from the date of the transfer of interest to the date of discovery by
				the Department. Such fine may be assessed against each of the parties at
				interest;
6. For maintaining or
				admitting more patients or residents to a facility than the maximum capacity
				permitted under the license, except in an emergency as documented by the facility in
				a contemporaneous notice to the Department, $ 25.00 per patient per day plus an
				amount equal to the average daily charge collected from such patient or
				patients;
7. For violations of licensure
				regulations related to patient care or physical plant standards that represent a
				risk to the health, safety, or welfare of patients or residents of a facility or the
				general public, $ 500.00 per violation where such deficiencies are isolated or
				occasional and do not represent a pattern or widespread practice throughout the
				facility;
8. Where there are multiple
				deficiencies related to patient care or physical plant standards throughout a
				facility, and/or such violations represent a direct risk that a patient's physical
				or mental health will be compromised, or where an actual violation of a resident's
				or patient's rights is found, a penalty of $ 1,000 per violation may be assessed for
				each day noncompliance is found;
9. For
				repeated violations of any licensing regulation within a 12-month period or on
				successive annual inspections, or failure to implement an approved plan of
				correction, where such violation was not the subject of a previous penalty
				assessment, $ 500.00 per violation, which may be assessed for each day noncompliance
				is found. If the initial violation resulted in the assessment of a penalty, within a
				12-month period or on successive annual inspections, the second violation shall
				result in a doubling of the original fine, and the third and successive violations
				shall result in a tripling of the original fine;
10. For violations resulting in either actual harm
				to a patient or resident, or in an immediate and serious risk of harm, $ 2,500 per
				violation, which may be assessed for each day noncompliance is found;
11. For failure to report information to the
				Department as required by statute or licensing regulation, after reasonable notice
				and an opportunity to cure the violation, $ 250.00 per day;
12. For failure to implement a Certificate of Need
				condition of approval, $ 1,000 per day, which shall be assessed either from the date
				specified in the Certificate of Need for implementation of the specific condition of
				approval, if identified, or from the date on which the Certificate of Need was
				considered to be implemented;
13. For
				violations of rules governing the prohibition of mandatory overtime contained in
				N.J.A.C. 8:43E-8, $ 1,000 per violation, which may be assessed for each day
				noncompliance is found;
14. For failure
				of an entity licensed in accordance with
				26:2H-1 et seq. to submit a serious
				preventable adverse event report to the Department in a timely fashion, as defined
				in 8:43E-10.6, the following, which shall
				be levied from the date following the date the report was due to be submitted to the
				Department until the date on which the report is received by the Department:
i. $ 1,000 per day for general hospitals, with the
				maximum penalty assessed per event not to exceed $ 100,000; and
ii. $ 250.00 per day for all other facilities,
				with the maximum penalty assessed per event not to exceed $ 25,000;
15. For failure of an entity licensed
				in accordance with
				26:2H-1 et seq. to disclose to a
				patient or resident, pursuant to
				8:43E-10.7, a serious preventable
				adverse event that affected that patient or resident, the following:
i. $ 1,000 for failure to disclose an event that
				the health care facility also failed to report, in a timely manner, to the
				Department; and
ii. $ 5,000 for failure
				to disclose an event that the health care facility reported, in a timely manner, to
				the Department;
16. For
				violation of N.J.A.C. 8:43G-12A or 36.3(b)4, governing emergency care for sexual
				assault victims, $ 5,000 per violation, which may be assessed for each day
				noncompliance is found;
17. For
				violations of the requirements of N.J.A.C. 8:43E-11 that result in injury to a
				health care worker, $ 5,000 per violation, which may be assessed for each day
				noncompliance is found;
18. For
				violations of the requirements of N.J.A.C. 8:43E-11 not resulting in injury as set
				forth in (a)17 above, $ 2,500 per violation, which may be assessed for each day
				noncompliance is found;
19. For
				violations of N.J.A.C. 8:43E-12 resulting in either actual harm or immediate and
				serious risk of harm, to individuals who are directly employed by a covered health
				care facility, $ 2,500 per violation, which may be assessed for each day
				noncompliance is found;
20. For other
				violations of N.J.A.C. 8:43E-12 not resulting in harm as set forth in (a)19 above, $
				1,000 per violation, which may be assessed for each day noncompliance is found;
				and
21. For violations of N.J.A.C.
				8:43E-14, governing human trafficking handling and response training, $ 1,000 per
				violation, which may be assessed for each day noncompliance is found.