reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 97 - NURSING HOME FINANCIAL TRANSPARENCY AND NATIONAL HEALTH CARE SAFETY NETWORK PARTICIPATION › Subchapter 1 - GENERAL PROVISIONS › Section 8:97-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this
				chapter is to establish nursing home financial reporting requirements and to require
				nursing homes to participate in the National Health Care Safety Network (NHSN)
				reporting standards in accordance with
				N.J.S.A.
				26:2H-1 et seq., specifically 26:2H-46.1 through
				46.4.
(b) This chapter applies to all
				nursing homes licensed pursuant to the Health Care Facilities Planning Act,
				N.J.S.A.
				26:2H-1 et seq., as defined at
				N.J.S.A.
				26:2H-29, including for-profit and nonprofit
				organizations, and regardless of payer or insurance status.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 97 - NURSING HOME FINANCIAL TRANSPARENCY AND NATIONAL HEALTH CARE SAFETY NETWORK PARTICIPATION › Subchapter 2 - OWNER-CERTIFIED FINANCIAL STATEMENTS AND COST REPORTS › Section 8:97-2.1 - Interpretation of terms

Current through Register Vol. 56, No. 14, July 15, 2024
The terms set forth in this subchapter shall be interpreted
				  consistently with the terms found in the IRS Form 990 and its instructions and
				  schedules, as promulgated in accordance with Internal Revenue Code sections 501 and
				  6033, and apply equally to for-profit and non-profit nursing homes formed pursuant
				  to Internal Revenue Code section 501(c)(3).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 97 - NURSING HOME FINANCIAL TRANSPARENCY AND NATIONAL HEALTH CARE SAFETY NETWORK PARTICIPATION › Subchapter 2 - OWNER-CERTIFIED FINANCIAL STATEMENTS AND COST REPORTS › Section 8:97-2.2 - Owner-certified financial statement requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner of a nursing home, whether an
				individual or member of a governing body, must submit an owner-certified financial
				statement, which consists of:
1. A balance
				sheet;
2. A statement of operations or
				income;
3. A statement of changes in net
				assets;
4. A statement of cash
				flows;
5. Additional information, data,
				and documents related to receipt and expenditures by nursing homes as required by
				the Department; and
6. A supplemental
				schedule with a statement detailing gross (charges) and net patient services revenue
				by payer, including, but not limited to, Medicare, NJ FamilyCare/Medicare, and other
				payers, and by revenue center.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 97 - NURSING HOME FINANCIAL TRANSPARENCY AND NATIONAL HEALTH CARE SAFETY NETWORK PARTICIPATION › Subchapter 2 - OWNER-CERTIFIED FINANCIAL STATEMENTS AND COST REPORTS › Section 8:97-2.3 - Posting and Department notification of annual owner-certified financial statements and CMS cost reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nursing home shall
				post to its internet website its annual owner-certified financial statement, and, if
				applicable, its most recently submitted CMS cost report, by no later than the 15th
				day of the sixth month following the end of the nursing home's fiscal
				year.
(b) A nonprofit nursing home may
				post its most recent public inspection copy of Internal Revenue Service Form 990,
				including applicable schedules and supporting documents, to satisfy all or part of
				the requirements of posting an annual owner-certified financial statement pursuant
				to (a) above.
(c) The requirement at (a)
				above, to post a CMS cost report applies only to nursing homes that are
				Medicare-certified and accept Medicaid or Medicare patients, receive funds from CMS,
				or submit cost reports to CMS.
(d) A
				health care system may satisfy the requirements at (a) above by posting on each of
				its system nursing homes' internet websites financial statements, and CMS cost
				reports, aggregating the financial data of all nursing homes that are part of the
				health care system; provided:
1. The health care
				system submits the average daily census, operating margin, and adjusted operating
				margin for each of the system nursing homes;
2. The health care system submits a statement of
				operations or income, with respect to each of the system nursing homes;
				and
3. Only nursing home financial data,
				and no data from any other facility types, should be included in the aggregated
				owner-certified financial statement for the health care system.
i. Health care systems may submit a supplemental
				schedule with specific line-of-business segment reporting, or the applicable
				Worksheets (Worksheets B Part II, G, G-1, G-2, and G-3) from their most recent CMS
				Cost Report to satisfy the requirement at (d)3 above.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 97 - NURSING HOME FINANCIAL TRANSPARENCY AND NATIONAL HEALTH CARE SAFETY NETWORK PARTICIPATION › Subchapter 3 - NATIONAL HEALTH CARE SAFETY NETWORK PARTICIPATION AND REPORTING REQUIREMENTS › Section 8:97-3.1 - Participation in the Long-Term Care Facility Component of the National Health Care Safety Network and additional reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each nursing home shall participate in the
				Long-Term Care Facility (LTCF) Component of the NHSN (LTCF-NHSN) by:
1. Enrolling in the LTCF-NHSN by completing and
				submitting the online enrollment form through the website at:
http://www.cdc.gov/nhsn/ltc/enroll.html
,
				and ensuring that it maintains continued enrollment and satisfies all associated
				reporting requirements;
2. Completing
				the LTCF Annual Facility Survey upon initial enrollment in the LTCF-NHSN, and by
				March 31 of each calendar year thereafter; and
3. Reporting data in accordance with the LTCF
				Monthly Reporting Plan by submitting to the NHSN the data or reports identified
				below in accordance with the indicated schedule, by the end of each month for the
				previous month's submission:
i. Weekly:
(1) LTCF COVID-19 Module, unless and until the
				Department deems this requirement no longer to be necessary based upon Federal
				guidance and communicates this to all facilities through formal notice through
				regular channels; and
(2) Health care
				personnel (HCP) and resident COVID-19 vaccination, unless and until the Department
				deems this requirement no longer to be necessary based upon Federal guidance and
				communicates this to all facilities through formal notice through regular channels;
				and
ii. Monthly:
(1) Multidrug-resistant organism and
Clostridioides difficile
infection (MDRO/CDI);
(2) Urinary tract infection (UTI);
(3) Healthcare personnel (HCP) safety component;
				and
(4) Prevention process measures,
				including hand hygiene, gloves, and gown
				adherence.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 97 - NURSING HOME FINANCIAL TRANSPARENCY AND NATIONAL HEALTH CARE SAFETY NETWORK PARTICIPATION › Subchapter 3 - NATIONAL HEALTH CARE SAFETY NETWORK PARTICIPATION AND REPORTING REQUIREMENTS › Section 8:97-3.2 - Internet posting of database link and designated staff

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Concurrent with the reporting and submission
				of information to the Department pursuant to this chapter, a nursing home shall post
				on its website:
1. A direct link to the nursing
				home's webpage on the data dashboard; and
2. The contact information for a staff person whom
				the nursing home designates to respond to questions from the public about the
				nursing home's policies, procedures, and operations.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 97 - NURSING HOME FINANCIAL TRANSPARENCY AND NATIONAL HEALTH CARE SAFETY NETWORK PARTICIPATION › Subchapter 4 - ENFORCEMENT REMEDIES › Section 8:97-4.1 - Enforcement remedies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				accordance with applicable enforcement procedures, and in addition to available
				enforcement remedies at
				N.J.A.C.
				8:43E-3, and subject to (b) below, the Department
				may assess civil monetary penalties pursuant to
				N.J.S.A.
				26:2H-13 and 14, as well as
				N.J.S.A.
				26:2H-46.12, for violations of this chapter as
				follows:
1. For failure to comply with the
				requirements set forth in this chapter, in regard to financial, operational, and
				clinical reporting and posting of applicable information, or to timely submit an
				attestation and plan of correction for any areas of noncompliance, up to $ 200.00
				per day until compliance occurs; and
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 1 - DEFINITIONS AND QUALIFICATIONS › Section 8:111-1.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				applies to substance (alcohol and drug) abuse treatment facilities that provide
				residential substance use disorders treatment to adults including, but not limited
				to, halfway houses, extended care facilities, long-term residential facilities,
				short-term residential treatment facilities and non-hospital-based (medical)
				detoxification, or any other similar such organization. The rules in this chapter
				constitute the basis for the licensure and inspection of residential substance use
				disorders treatment facilities by the New Jersey Department of Health.
(b) This chapter also applies to hospitals
				licensed pursuant to N.J.A.C. 8:43G that offer hospital-based medical detoxification
				services in a designated detoxification unit or facility or provide any of the
				modalities of residential treatment listed in (a) above. This chapter, while not
				requiring a separate license for hospital-based substance abuse treatment
				facilities, sets out standards with which hospitals providing services covered by
				this chapter must comply.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 1 - DEFINITIONS AND QUALIFICATIONS › Section 8:111-1.2 - 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 to which residential
				  substance use disorders treatment facilities must adhere in order to be licensed to
				  operate in New Jersey.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 1 - DEFINITIONS AND QUALIFICATIONS › Section 8:111-1.4 - Qualifications and responsibilities of the medical director and physicians

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Facilities required
				under N.J.A.C. 10:161A-7 to hire a medical director shall ensure that the physician
				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
				ASAM/ABAM, by July 15, 2016. This physician shall be a member in good standing in
				the medical community.
1. A physician currently
				licensed to practice in the State of New Jersey, who has not completed ASAM/ABAM
				certification by July 15, 2016, must have worked in a substance use disorders
				treatment facility a minimum of five years for at least 20 hours per week and have
				completed the ASAM/ABAM/American Association for the Treatment of Opioid Dependence
				(AATOD) clinicians training course,
http://www.aatod.org/clinician.html
.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 1 - DEFINITIONS AND QUALIFICATIONS › Section 8:111-1.5 - Qualifications and responsibilities of the director of nursing services and licensed nursing personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every facility
				required to provide nursing services shall designate a director of nursing who
				shall, at a minimum, meet the following qualifications:
1. Be a registered professional nurse pursuant to
				45:11-26 et seq. with at least one year in nursing supervision or nursing
				administration; and
2. One year
				full-time experience with the management of addictions in a licensed substance use
				disorders treatment facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 1 - DEFINITIONS AND QUALIFICATIONS › Section 8:111-1.6 - Qualifications of pharmacists

Current through Register Vol. 56, No. 14, July 15, 2024
Each pharmacist shall be currently licensed by the New Jersey
				  State Board of Pharmacy and shall be a member in good standing.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 1 - DEFINITIONS AND QUALIFICATIONS › Section 8:111-1.8 - Qualifications and responsibilities of the director of substance abuse counseling services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every facility shall
				ensure that there is at least one individual qualified to function as the director
				of substance abuse counseling services and that the clinical supervision
				requirements in this chapter are met. The director of substance abuse counseling
				shall meet at least one of the following qualifications:
1. Be a New Jersey licensed psychologist with at
				least five years of experience in addiction services, two of those years in a
				supervisory capacity, 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/
, or is a Certified
				Clinical Supervisor by the Addictions Professionals Certification Board of New
				Jersey (APCBNJ),
http://www.certbd.com/pdfs/initial-applications/ccs.pdf
;
2. Be a New Jersey licensed clinical social worker
				with at least five years of experience in addiction services, two of those years in
				a supervisory capacity, who is a certified clinical supervisor by the APCBNJ,
http://www.certbd.com/pdfs/initial-applications/ccs.pdf
;
3. Be a New Jersey licensed professional
				counselor, or licensed marriage and family therapist, with at least five years of
				experience in addiction services, two of those years in a supervisory capacity, who
				is a certified clinical supervisor by the APCBNJ,
http://www.certbd.com/pdfs/initial-applications/ccs.pdf
;
4. Be a New Jersey LCADC with at least five years
				of experience in addiction services, two of those years in a supervisory capacity,
				who, in addition, holds a clinical Master's degree recognized by the State Board of
				Marriage and Family Therapy Examiners, Alcohol and Drug Committee, Division of
				Consumer Affairs, New Jersey Department of Law and Public Safety;
5. Be a New Jersey licensed physician who is
				certified by the American Society of Addiction Medicine, or is a Board-certified
				psychiatrist, and has at least two years of supervisory experience in addiction
				services;
6. Be a New Jersey licensed
				advanced practice nurse with at least five years of experience in addiction
				services, two of those years in a supervisory capacity, who is a clinical supervisor
				certified by the APCBNJ,
http://www.certbd.com/pdfs/initial-applications/ccs.pdf
;
				or
7. Have a doctoral degree in human
				services, mental health or social work with at least two years of supervisory
				experience.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 1 - DEFINITIONS AND QUALIFICATIONS › Section 8:111-1.9 - 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 clinical professionals
				doing work of an alcohol and drug counseling nature within their scope of practice
				by July 15, 2016 and at all times thereafter. The remaining 50 percent of substance
				abuse counseling staff shall be designated as alcohol and drug counseling-interns or
				credentialed-interns (formerly referred to as "substance abuse counselors in
				training") who are actively working toward their LCADC or CADC status, or toward
				another New Jersey clinical license that includes work of an alcohol and drug
				counseling nature within its scope of practice. Counselor-interns may be actively
				working toward their LCADC or CADC status for no more than three years. 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 CADC or another licensed health professional doing work of an alcohol
				and drug counseling nature within their scope of practice.
i. A CADC must work under the supervision of an
				LCADC or another New Jersey licensed clinical professional designated as a qualified
				clinical supervisor per 13:34C-6.2.
ii.
				A CADC cannot diagnose substance abuse.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 1 - DEFINITIONS AND QUALIFICATIONS › Section 8:111-1.10 - Qualifications of dietitians and food service supervisors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall engage at least one
				dietitian registered by the Commission on Dietetic Registration of the Academy of
				Nutrition and Dietetics (CDR), 120 South Riverside Plaza, Suite 2190, Chicago,
				Illinois 60606-6995, telephone (800) 877-1600, ext. 5500, website
http://www.cdrnet.org/
.
(b) The facility shall engage food service
				supervisors who, if not dietitians, are:
1.
				Graduates of a dietetic technician or dietetic assistant training facility approved
				by the CDR; or
2. Graduates of a course
				providing 90 or more hours of classroom instruction in food service supervision
				approved by the New Jersey Department of Education, and have one year of full-time
				experience, or the full-time equivalent, as a food service supervisor in a health
				care facility in consultation with a dietitians; or trained and experienced in food
				service supervision and management through military service programs equivalent to
				this subsection.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.1 - Applications for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All facilities
				operating as residential substance use disorders treatment facilities shall be
				licensed by the Division in accordance with this chapter. No facility shall operate
				a residential substance use disorders treatment facility until the Division issues a
				license to do so.
(b) Any person,
				organization, or corporation planning to operate a residential substance use
				disorders treatment facility shall obtain application forms from, and submit
				completed application forms with the appropriate fees for each site to the Office of
				Certificate of Need and Licensing.
(c)
				The Division will maintain and update the 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 subsection of this
				section 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 the Department, and will be included
				with the licensing application provided by the Department. As per this fee schedule,
				established rates at the time of submission of each application will apply. All
				applicants shall submit a non-refundable application fee and a Department inspection
				fee as follows:
1. First time applicants of newly
				created treatment agencies:
i. New facility fee ($
				500.00 + $ 3.00 per Bed); and
ii.
				Initial and ongoing biennial Department inspection fee ($
				500.00);
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.2 - 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
				facility 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 must be
				dated back to the license anniversary date) upon submission of the appropriate
				licensing and inspection fees, provided that the Division has not suspended or
				revoked the license and the facility otherwise continues to be in compliance with
				all local rules, regulations, and other requirements.
(c) Once issued, the license shall be
				conspicuously posted in the facility at all times.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.3 - Application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person,
				organization, or corporation applying for a license to operate a residential
				substance use disorders treatment facility shall specify the services at N.J.A.C.
				8:111-2.1(j)that the facility seeks to provide on the application.
(b) No facility shall admit clients until the
				Division has issued a license to the facility to operate the specific modality or
				modalities of treatment as referenced at N.J.A.C. 8:111-2.1(j).
(c) The Division may make survey and other site
				visits to a facility at any time. Such visits may include, but shall not be limited
				to, the review of all program documents, client records, and conferences with
				clients. Such visits may be announced or unannounced.
(d) Upon annual renewal of its current license,
				each facility shall specify the types of services to be provided therein, including
				if the facility wishes to change the specification of services on the
				license.
(e) If a facility adds any
				service listed at N.J.A.C. 8:111-2.1(j)during the annual licensure period, the
				facility shall submit an application to the Division 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 on-site inspection by the Division.
(f) The applicant shall indicate on its
				application if a facility is new or otherwise innovative, not fitting into any of
				the categories specified at N.J.A.C. 8:111-2.1(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
				facilities 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 facility is effective, safe and provides
				services that do not violate client rights or compromise client health and
				safety.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.4 - 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 New Jersey Department of Community Affairs;
				and
2. A proposed plan of operation or
				set of bylaws for the governing authority of the facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.5 - Review and approval of a license application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				applicant or the Division may request a preliminary review meeting to discuss the
				applicant's proposed facility, which 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, the
				Division shall review it for completeness, and shall confirm its receipt of relevant
				fees as set forth at N.J.A.C. 8:111-2.1. If the Division deems that the application
				is incomplete, it shall notify the applicant in writing of any missing information.
1. The applicant shall be permitted to supply any
				missing information in the application to the Division within 30 working days of
				notification. If the application remains incomplete after six months have elapsed
				since the issuance pursuant to (b) above of the written incompleteness notice, the
				Division shall deny the application as incomplete and the applicant may reapply
				after 30 days. The Division shall not consider any application until it deems the
				application to be complete.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.6 - 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, the Division shall conduct a survey of the facility within 30 working
				days to determine if the facility complies with the rules in this chapter.
1. The Division 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.
2. The facility shall notify the Division, in
				writing, when the deficiencies have been corrected. Within 30 working days of
				receiving written notification that the deficiencies have been corrected, the
				Division will reschedule at least one resurvey of the facility prior to occupancy;
				additional resurveys may be scheduled prior to occupancy until all deficiencies are
				corrected.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.7 - Conditional license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division may
				issue a conditional license with specific conditions and standards defined on such
				license when the purposes and intent of the proposed facility are outside the scope
				of a regular license. All standards within this chapter apply unless specifically
				mentioned in the conditions of said license.
(b) The Division may issue a conditional license
				if it determines that it is in the best interest of the clients benefiting from the
				treatment facility in question and in order to preserve and/or improve the proper
				functioning of the facility.
(c) The
				Division may issue a conditional license in order to address contingencies and/or
				special facility needs that can be addressed by the applicant and monitored by the
				Division, as agreed between the Division and the applicant, with the safety and
				well-being of the clients and staff of the facility as the overriding
				priority.
(d) The Division may issue a
				conditional license to a facility providing a type or category of service that is
				neither listed at N.J.A.C. 8:111-2.1(j) and (k) nor otherwise addressed by this
				chapter.
(e) The Division may issue a
				conditional license to a new facility that was reviewed before it begins to provide
				services. Within 30 working days of the Division receiving written notification from
				the facility that it is fully operational, the Division shall schedule a follow-up
				visit to determine whether the facility 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 in accordance with N.J.A.C.
				8:111-2.2(c).
(g) The conditional
				license is not assignable or transferable and it shall be immediately void if the
				facility ceases to operate, the facility's ownership changes or the facility is
				relocated to a different site.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.8 - Periodic surveys following licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Division may conduct announced or unannounced visits and periodic surveys of
				licensed facilities. The Division shall keep confidential the identity of clients on
				all data it collects 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 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.9 - Deficiency findings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division may
				cite a deficiency upon any single or multiple determination that the facility does
				not comply with a licensure rule. 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 the Division or the omission or failure to act
				in a manner required by rule.
(b) At the
				conclusion of a survey or within 20 business days thereafter, the Division shall
				provide a facility 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
				rule to which the finding of a deficiency relates.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.10 - 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 the Department 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 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.11 - Plan of correction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division 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 timeframes 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 the Division specifically authorizes an extension for cause. If deficiencies
				are the subject of informal dispute resolution pursuant to N.J.A.C. 8:111-2.10, the
				extension shall pertain only to the plans of correction for the deficiencies under
				review.
(c) The Division 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.
1. Each facility shall provide the Division with
				the current mailing addresses for all members of the board of
				directors.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.12 - Surrender of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a facility
				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, as
				follows:
1. The facility shall provide the
				Division at least 45 days' notice prior to the license surrender date;
2. The facility shall provide each client,
				prescribing physician(s), and primary substance abuse counselor(s) at least 30 days'
				prior notice of its intention to surrender its license. In consultation with the
				Division, the facility shall arrange for each client to be transferred to a licensed
				facility or other licensed program capable of providing the appropriate level of
				client care;
3. The facility shall
				provide appropriate notice, in writing, to any facility to which it has sent client
				referrals and from which it has received client referrals in the past year;
				and
4. The facility shall provide each
				guarantor of payment at least 30 days prior notice.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.13 - 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 the Division to be consistent with the general purpose and intent
				of its enabling statute and this chapter; is consistent with prevailing policy and
				procedure of the Division; 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 facility, 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.
				8:111-2.1(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 is not granted;
3. An alternative
				proposal that 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 facility or the public;
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 the
				Division may determine necessary and appropriate for evaluation and review of the
				waiver request on a case-by-case basis, including timeframes within which the waiver
				will no longer be needed; the Division shall determine whether the requested
				timeframes are reasonable.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.14 - Enforcement remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner, or
				designee thereof, may impose the following enforcement remedies against a
				residential substance use disorders treatment facility for violations of licensure
				rules or other statutory requirements, as set forth in this chapter:
1. Civil monetary penalty for unlicensed
				operation;
2. Curtailment of admissions
				to a licensed substance use disorders treatment facility;
3. Reduction of a license 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 or rules as provided by State or Federal law, or
				as authorized by Federal survey, certification and enforcement regulations and
				agreements.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.15 - Notice of violations and enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner, or designee thereof, 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 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.16 - Effective date of enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
The assessment of civil monetary penalties, 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 the Division a written answer to the
				  charges and give written notice to the Division 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 Commissioner, or designee thereof.
				  Hearings shall be conducted, in accordance with N.J.A.C. 8:111-2.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.17 - Enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may
				assess a penalty for violation of licensure rules according to the following
				standards:
1. For operation of a substance use
				disorders 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 for any subsequent occurrence, from the date of initiation of
				services;
2. For a violation of an order
				for curtailment of admissions, the Division 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 the Division 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 the Division 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 the
				Division shall impose penalties consistent with (a)1 above, until the newly
				constructed or renovated facility is determined by the Division to be in compliance
				with licensure standards. This determination shall take into account any waivers
				granted by the Division; and
5.
				Operation of a licensed facility following the transfer of ownership of a substance
				use disorders treatment facility without prior approval of the Division shall be
				considered operation of an unlicensed facility and the Division 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 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.18 - 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 the Division
				of its intent to request a hearing pursuant to the Administrative Procedure Act,
				N.J.S.A. 52:14B-1et
				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 the Division.
				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 thereof, if the assessment of
				the Division 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 timeframes set forth in (a) or (b) above as applicable
				may result in one or more 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 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.19 - Curtailment of admissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division may
				issue an order curtailing all new admissions and readmissions to a substance use
				disorders treatment facility including, but not limited to, the following
				circumstances:
1. Where violations of licensing
				rules are found, that have been determined to pose an immediate and serious threat
				of harm to clients of a substance use disorders treatment facility;
2. For the purpose of limiting the census of a
				facility if clients must be relocated upon closure; when the Division has issued a
				Notice of Proposed Revocation; or suspension of a substance use disorders treatment
				facility license;
3. Where the admission
				or readmission of new clients to a substance use disorders treatment facility would
				impair the facility's ability to correct serious or widespread violations of
				licensing rules 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 disorders
				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 the Division.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.20 - Provisional license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division may
				place a substance use disorders treatment facility on provisional license status
				when the following circumstances apply:
1. Upon
				issuance of a Notice of Revocation of a License or a Notice of Suspension of a
				License, pursuant to N.J.A.C. 8:111-2.18 or 2.19, for a period extending through
				final adjudication of the action;
2.
				Upon issuance of an order for curtailment of admissions pursuant to N.J.A.C.
				8:111-2.16, until the Division finds the facility has achieved substantial
				compliance with all applicable licensing rules;
3. For violations of licensing rules that have
				been determined to pose a threat to the safety of clients of a substance use
				disorders treatment facility; or
4. Upon
				a recommendation to the Federal government and/or the New Jersey Division of Medical
				Assistance and Health Services, for the termination of a provider agreement for
				failure to meet the Federal certification rules.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 8:111-2.21 - Suspension of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may
				order the suspension of a license of a residential substance use disorders treatment
				facility or a component or distinct part of the facility upon a finding that
				violations pertaining to the care of clients or to the hazardous or unsafe
				conditions of the physical structure pose an immediate threat to the health, safety
				and welfare of the public or the clients of the facility.
(b) Upon a finding described at (a) above, the
				Commissioner shall serve notice in-person or by certified mail to the facility or
				its registered agent of the nature of the findings and violations and the proposed
				order of suspension. Such notice shall be served within five days of the finding.
				The notice shall provide the facility with a 30-day period from receipt to correct
				the violations and provide proof to the Division of such correction or to request a
				hearing.
(c) If the Division determines
				that the violations have not been corrected, and the facility has not filed notice
				within 30 days of receipt of the Commissioner's notice pursuant to (e) below
				requesting a hearing to contest the notice of suspension, then the license shall be
				deemed suspended. Upon the effective date of the suspension, the facility shall
				cease and desist from the provision of substance use disorders treatment services
				and effect an orderly transfer of clients to licensed facilities or other approved
				services and shall document all transfers.
(d) Within five working days, the Division shall
				approve and coordinate the process to be followed during an evacuation of the
				facility or cessation of services pursuant to an order for suspension or
				revocation.
(e) If the facility requests
				a hearing within 30 days of receipt of the Notice of Proposed Suspension of License,
				the Department shall arrange for an immediate hearing to be conducted by the Office
				of Administrative Law (OAL), and a final agency decision shall be issued by the
				Commissioner as soon as possible, adopting, modifying, or rejecting the initial
				decision by the OAL. If the Commissioner affirms the proposed suspension of the
				license, the order shall become final.
(f) Notwithstanding the issuance of an order for
				proposed suspension of a license, the Department may concurrently or subsequently
				impose other enforcement actions pursuant to this chapter.
(g) The Department may rescind the order for
				suspension upon a finding that the facility has corrected the conditions that were
				the basis for the action.