New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37G - SHORT TERM CARE FACILITY STANDARDS › Subchapter 2 - OPERATIONAL STANDARDS › Section 10:37G-2.7 - Designation and redesignation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A candidate for
				STCF designation shall submit a certificate of need application to the DOH and
				respond to whatever follow-up application questions DOH and the Division may
				have. DOH and the Division shall review all statements and responses by the
				applicant. Pursuant to the certificate of need rules and subsequent to
				consultation with the Division, DOH shall approve or disapprove the application
				and shall so notify the applicant.
(b) Application for designation as a STCF
				must be submitted to the Division a minimum of 60 days prior to the planned
				STCF implementation.
(c) Each
				applicant seeking designation as an STCF shall receive a site review by
				Department staff. Thereafter, redesignation reviews shall be conducted every
				other year by Department staff. STCF staff shall conduct a self-assessment in
				the year that a Department review does not occur.
(d) Site reviews shall assess whether the
				STCF services are provided according to the rules set forth in this
				chapter.
(e) Site reviews may
				include, but need not be limited to, a review of statistical and patient
				information, the self-assessment, and other documents submitted by the STCF.
				Reviews may be followed by a visit to the STCF unit by Department staff to
				review clinical records, to observe programming, to interview STCF
				administration and staff, and to evaluate the physical environment.
(f) On behalf of the Commissioner of the
				Department , the Assistant Commissioner for Mental Health and Addiction
				Services, in consultation with the Division Assistant Director , shall make the
				determination for designation or redesignation and shall notify the STCF of the
				determination.
(g) Revocation of
				designation may occur if it is determined by the Division that a STCF is not in
				compliance with applicable rules or if the life or safety of patients is
				endangered.
(h) In the event that
				the Division does not designate the STCF, written notice shall be sent to the
				STCF's executive director or designee and to the STCF's president of the board
				of directors by the Division providing the basis for the decision.
(i) Whenever designation is denied, revoked,
				or not renewed and the STCF disputes the basis for the action, the STCF may
				apply to the Assistant Commissioner for Mental Health and Addiction Services
				for review and submit relevant written material for the Director's
				reconsideration. A decision shall be rendered within 30 days of the receipt of
				the written request for a review.
(j) The STCF shall inform the Division of any
				proposed changes affecting its bed complement, in accordance with
				10:37G-2.8.
(k) If the STCF chooses to appeal the
				decision of the Assistant Commissioner for Mental Health and Addiction Services
				made pursuant to this section, the STCF may request an administrative hearing,
				which shall be conducted pursuant to the Administrative Procedures Act,
52:14B-1
et
				seq. and
52:14F-1
et seq., and the Uniform Administrative
				Procedure Rules,
N.J.A.C. 1:1.
The Commissioner, upon a review
				of the record submitted by the administrative law judge, shall adopt, reject,
				or modify the recommended report and decision no later than 45 days after
				receipt of such recommendations, pursuant to
				52:14B-10.