reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.13 - Educational materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The safe patient
				handling committee shall appoint a person or persons to:
1. Develop educational materials to help orient
				patients and their families to the facility's assisted patient handling program;
				and
2. Include the information specified
				in (a)1 above in the covered facility's admissions package and in a discussion with
				the patient and family following an assessment of a patient's need for assisted
				patient handling.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.14 - Injury investigation, reporting, analysis and recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A covered facility,
				under the direction of the safe patient handling committee, shall:
1. Encourage employees to report injuries and near
				misses in a non-punitive environment;
2.
				Designate a person or persons to develop procedures for performing injury
				investigations, preparing investigation reports and educating staff when an injury
				or near miss occurs;
3. Establish a
				mechanism for reporting all incidents, including near misses and injuries, resulting
				from patient handling;
4. Appoint an
				appropriate facility department to receive and analyze the reports required by (a)3
				above, and to generate de-identified, aggregated data reports that take into
				account, at a minimum, items identified at
				8:43E-12.8(b); the safe
				and proper use of assisted patient handling equipment; patient refusals of assisted
				patient handling associated with injuries to healthcare workers; and the overall
				efficacy of the safe patient handling program;
5. Establish a system for monthly reporting of the
				reports generated pursuant to (a)4 above to the safe patient handling
				committee;
6. Inform the safe patient
				handling committee of any violations of this subchapter; and
7. Maintain records of work-related
				musculoskeletal injuries and disorders to help identify problem areas in accordance
				with the New Jersey Public Employees' Occupational Safety and Health injury and
				illness recordkeeping requirements (N.J.A.C. 12:110-5 ), or OSHA's injury and
				illness recording and reporting requirements at 29 CFR Part 1904.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.15 - Evaluation and recommendations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The safe patient
				handling committee shall:
1. Evaluate the
				de-identified, aggregated data developed pursuant to
				8:43E-12.14(a)4  in
				order to, at a minimum, identify units and shifts with ongoing injuries related to
				patient handling and track the impact of injuries on employee turnover;
2. Have access to reports and data collected
				pursuant to 8:43E-12.14 prior to de-identification
				and aggregation, as determined necessary by the committee and in keeping with
				procedures established by the committee, in order to fulfill its obligations
				specified in (a)1 above and in
				8:43E-12.3(e);
3. Determine what measures to take to increase
				patient acceptance of safe patient handling, including changes to the education of
				healthcare workers, patients and family members; and
4. Provide evaluation results and recommended
				improvements regarding the safe patient handling program to the facility's governing
				body at least annually, or more frequently as needed.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.16 - Prohibition of certain retaliatory actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As used in this
				section, "retaliatory action" means the discharge, suspension or demotion of an
				employee, or other adverse employment action taken against an employee in the terms
				and conditions of employment, in accordance with section 2 of P.L. 1986, c. 105
				(34:19-2 ).
(b) A covered health care facility shall not take
				any retaliatory action against a health care worker because the worker refuses to
				perform a patient handling task due to a reasonable concern about worker or patient
				safety, or the lack of appropriate and available patient handling equipment.
1. A health care worker who refuses to perform a
				patient handling task pursuant to this section shall promptly notify her or his
				supervisor of the refusal and the reason for refusing.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.17 - Enforcement and penalties

Current through Register Vol. 56, No. 14, July 15, 2024
A covered health care facility licensed pursuant to P.L. 1971, c.
				  136 (26:2H-1 et seq.), that is in violation
				  of the provisions of this subchapter shall be subject to enforcement actions and
				  penalties specified in N.J.A.C. 8:43E-3.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 13 - UNIVERSAL TRANSFER FORM › Section 8:43E-13.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter pertain and apply to all health care
				  facilities or programs licensed by the Department of Health and Senior Services,
				  pursuant to the Health Care Facilities Planning Act,
				  26:2H-1 et seq. The rules in this
				  subchapter set forth the requirement that each facility use the Universal Transfer
				  Form when transferring a patient to another facility or program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 13 - UNIVERSAL TRANSFER FORM › Section 8:43E-13.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of the Universal Transfer Form is to accurately
				  communicate pertinent, accurate clinical patient care information at the time of a
				  transfer between health care facilities or programs. It conveys the patient
				  information required under Federal regulations and conveys specific facts that the
				  physician and nurse need to begin caring for a patient.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 13 - UNIVERSAL TRANSFER FORM › Section 8:43E-13.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following word, as used in this subchapter, shall have the
				  following meaning, unless the context clearly indicates otherwise:
"Patient" means patient, resident, client or the terminology used
				  by a specific licensed healthcare facility or program to refer to the individuals to
				  whom a licensed healthcare facility or program is providing care.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 13 - UNIVERSAL TRANSFER FORM › Section 8:43E-13.4 - Mandatory use of Universal Transfer Form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed
				healthcare facility or program shall use the Universal Transfer Form, HFEL-7,
				provided as N.J.A.C. 8:43E-13 Appendix, incorporated herein by reference, and
				available on the Department's website at
http://web.doh.state.nj.us/apps2/forms/
,
				in either paper or electronic version, whenever a patient is transferred to another
				licensed healthcare facility or program.
1.
				Emergency departments are exempt from mandatory use of the Universal Transfer Form,
				but shall follow hospital procedures regarding documentation.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 13 - UNIVERSAL TRANSFER FORM › Section 8:43E-13.5 - Policies and procedures regarding the use of the Universal Transfer Form

Current through Register Vol. 56, No. 14, July 15, 2024
A licensed healthcare facility or program shall develop and
				  implement written policies and procedures addressing the required use of the
				  Universal Transfer Form by a licensed healthcare facility or program's staff, method
				  of transportation, procedures for security of the resident and all personal
				  belongings or other items that accompany or immediately follow a transferred
				  resident.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 13 - UNIVERSAL TRANSFER FORM › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
NEW JERSEY UNIVERSAL TRANSFER FORM
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New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 14 - HUMAN TRAFFICKING HANDLING AND RESPONSE TRAINING › Section 8:43E-14.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter implements the Human Trafficking Prevention,
				  Protection, and Treatment Act, P.L. 2013, c. 51 (approved May 6, 2013), particularly
				  § 19, codified at
				  N.J.S.A.
				  2C:13-12.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 14 - HUMAN TRAFFICKING HANDLING AND RESPONSE TRAINING › Section 8:43E-14.2 - Facility personnel to receive training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				facility shall require workers who have direct contact and/or interaction with
				facility patients and/or visitors of facility patients to receive training in
				accordance with N.J.A.C. 8:43E-14.3, regardless of whether the contact or
				interaction is clinical or non-clinical in nature.
(b) As used in (a) above, provided they have the
				specified contact and/or interaction, "workers" include:
1. Health care professionals who hold professional
				credentials issued by the State of New Jersey, regardless of the compensation
				arrangement, contractual status, or privilege status that may exist between the
				professional and the facility, such as:
i. Health
				care professionals whose professional practice is regulated pursuant to Title 45 of
				the Revised Statutes;
ii. Radiologic
				technologists who hold licensure pursuant to
				N.J.S.A.
				26:2D-25 et seq.;
iii. Emergency medical technicians and paramedics
				who hold certification pursuant to N.J.S.A. 26:2K-1 et seq.;
iv. Nursing home administrators who hold licensure
				pursuant to N.J.S.A. 30:11-13;
v. Nurse aides who hold certification pursuant to
				N.J.A.C. 8:39;
vi. Assisted living
				administrators who hold certification pursuant to N.J.A.C. 8:36 or licensure
				pursuant to N.J.A.C. 8:34; and
vii.
				Personal care assistants and medication aides who hold certification pursuant to
				N.J.A.C. 8:36; and
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 14 - HUMAN TRAFFICKING HANDLING AND RESPONSE TRAINING › Section 8:43E-14.3 - Required training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility shall
				ensure that workers to whom N.J.A.C. 8:43E-14.2 requires the facility to provide
				training pursuant to (b) below receive that training:
1. By March 18, 2018, with respect to existing
				facility workers; and
2. Within six
				months of the first day of employment at the facility, with respect to persons who
				become workers at the facility after September 18, 2017.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 14 - HUMAN TRAFFICKING HANDLING AND RESPONSE TRAINING › Section 8:43E-14.4 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility shall
				establish, maintain, and make available upon request of the Department, a record
				that identifies:
1. The name and position of each
				of the facility's workers whom N.J.A.C. 8:43E-14.2 requires to receive
				training;
2. The date by which each
				worker is to receive training pursuant to N.J.A.C. 8:43E-14.3(a); and
3. The date on which the worker actually receives
				the training.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 14 - HUMAN TRAFFICKING HANDLING AND RESPONSE TRAINING › Section 8:43E-14.5 - Policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility shall
				establish and implement written policies and procedures that address, at minimum,
				how the facility will:
1. Identify both clinical
				and nonclinical workers who, by virtue of their positions, have, or are likely to
				have, direct contact and/or interaction with facility patients and/or the visitors
				of facility patients, and are to receive training pursuant to N.J.A.C. 8:43E-14.2;
i. The Department encourages facilities to
				construe broadly the scope of workers who should receive training pursuant to
				N.J.A.C. 8:43E-14.2 to facilitate the greatest possible opportunity for workers to
				develop awareness of, observe, and respond to, indicators of potential human
				trafficking;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 8:43F-1.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter apply to all facilities that provide
				  adult day health services, regardless of the source of payment. These rules
				  constitute the basis for the licensure of adult day health services facilities by
				  the New Jersey Department of Health. The Medicaid rules for adult day health
				  services are contained at N.J.A.C. 10:164. Adult day health services facilities
				  provide specialized, integrated care to participants in order to assist them in
				  reaching the functional levels of which they are capable, as well as to protect
				  their health and safety. The purpose of this chapter is to establish minimum rules
				  to which an adult day health service facility must adhere to be licensed to operate
				  in New Jersey. An adult day health services facility that is a Medicaid provider
				  shall also comply with the rules at N.J.A.C. 10:164.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43F-2.2 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner or his or her designee may,
				in accordance with the general purposes and intent of N.J.S.A. 26:2H-1etseq., and
				the rules in this chapter, waive provisions of these rules if, in his or her
				opinion, such waiver would not render the premises, equipment, personnel, finances,
				rules and bylaws, and standards of health care at a facility unfit or inadequate.
1. A facility seeking a waiver of these rules
				shall apply in writing to the Director of the Division.
2. A written request for a waiver shall include
				the following:
i. The specific rule or part of the
				rule for which a waiver is requested;
ii. Reasons for requesting a waiver, including a
				statement of the type and degree of hardship that would result to the facility upon
				adherence;
iii. An alternative proposal
				which would ensure the care and safety of participants; and
iv. Documentation to support the request for a
				waiver.
3. The Department
				reserves the right to request additional information before processing a request for
				waiver.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43F-2.3 - Newly constructed or expanded facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensure
				application for a newly constructed, renovated or expanded facility shall include
				written approval of final construction of the physical plant by:
Health Care Plan Review Unit
Division of Codes and Standards
New Jersey Department of Community Affairs
PO Box 817
Trenton, NJ 08625-0817
(609) 633-8151
1. Any
				existing or proposed adult day health services facility with a construction program
				shall submit plans to the Health Care Plan Review Unit, Division of Codes and
				Standards, New Jersey Department of Community Affairs, PO Box 817, Trenton, NJ
				08625-0817, for review and approval prior to the initiation of
				construction.
2. A newly constructed,
				renovated or expanded facility may not be occupied without a final approval letter
				from the Health Care Plan Review Unit of the New Jersey Department of Community
				Affairs.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43F-2.4 - Preliminary conference

Current through Register Vol. 56, No. 14, July 15, 2024
When a newly constructed facility is approximately 80 percent
				  complete or when an applicant's estimated date of opening is within 30 days, the
				  applicant shall schedule a preliminary conference with the Division for review of
				  the conditions for licensure and operation.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43F-2.5 - Surveys

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the written application for licensure is
				approved and the building is ready for occupancy, a survey of the facility by
				representatives of the Department shall be conducted at the Department's discretion
				to determine if the facility adheres to the rules in this chapter.
1. The facility shall be notified in writing of
				the findings of the survey, including any deficiencies found.
2. The facility shall notify the Division when the
				deficiencies, if any, have been corrected, and the Assessment and Survey Program
				shall schedule one or more resurveys of the facility prior to occupancy.
3. Professional personnel shall be employed in
				accordance with the staffing requirements in this chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43F-2.6 - License

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall issue a license to the
				operator of the facility when all of the following conditions are met:
1. A project proposal has been submitted by the
				applicant and approved by the Division, in writing;
i. The project proposal shall specify if there
				will be more than one shift of operation and shall provide the hours of operation
				for each shift. Any change in the hours of operation shall be reported, in writing,
				to the Division, and
ii. The project
				proposal shall include scaled plans of the proposed facility, for preliminary
				review;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43F-2.7 - Surrender of license

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall notify each participant, the participant's
				  physician, advanced practice nurse, or physician assistant, and any guarantors of
				  payment at least 30 days prior to the voluntary surrender of a license, or as
				  directed under an order of revocation, refusal to renew, or suspension of license.
				  In such cases, the license shall be returned to the Division within seven working
				  days after the voluntary surrender, revocation, nonrenewal, or suspension of
				  license.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43F-2.8 - Action against a license

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  26:2H-1 et seq., the Commissioner or
				  his or her designee may impose all enforcement actions permitted under N.J.A.C.
				  8:43E for violations of N.J.A.C. 8:43F or N.J.A.C. 8:86 or other laws. Enforcement
				  actions include civil monetary penalty, curtailment of admissions, appointment of a
				  receiver, revocation of a license, order to cease and desist operation of an
				  unlicensed health care facility, prior authorization, and other remedies for
				  violations of statutes as provided by State or Federal law.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43F-2.9 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department
				proposes to revoke, deny, or refuse to renew a license, or to assess a monetary
				penalty pursuant to N.J.A.C. 8:43E, the licensee or applicant may request a hearing
				which shall be conducted pursuant to the Administrative Procedure Act,
				52:14B-1 et seq. and 52:14F-1 et seq.,
				and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(b) Prior to transmittal of any hearing request to
				the Office of Administrative Law, the Department may schedule a conference to
				attempt to settle the matter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43F-2.10 - Ownership

Current through Register Vol. 56, No. 14, July 15, 2024
The license holder shall have responsibility for the management,
				  operation, and financial viability of the facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43F-2.11 - Disclosure of ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The ownership of the management and operation
				of the facility and the ownership of the property on which it is located shall be
				disclosed to the Department. Proof of this ownership shall be available in the
				facility.
(b) No facility shall be owned
				or operated by any individual who does not receive clearance from the Criminal
				Background Investigation Unit in accordance with
				N.J.A.C.
				8:43F-2.1(a)8, or who has a
				history of continuing or serious violations of N.J.A.C. 8:43F or 10:164 or other
				statutory requirements.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 2 - LICENSURE PROCEDURES › Section 8:43F-2.12 - Transfer of ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any proposed change in ownership shall be
				reported to the Director of the Office of Certificate of Need and Healthcare
				Facility Licensure of the Department in writing at least 30 days prior to the
				change.
(b) Prior to transferring
				ownership of a facility, the prospective new owner shall submit an application to
				the Office of Certificate of Need and Healthcare Facility Licensure. The application
				shall include the following information:
1. A cover
				letter stating the applicant's intent to purchase the facility, and identification
				of the facility by name, address, county, and licensed participant capacity (number
				of licensed slots);
2. A description of
				the proposed transaction, including identification of the current owners of the
				facility; identification of 100 percent of the proposed new owners, including the
				names and addresses of all principals (that is, individuals and/or entities with a
				10 percent or more interest); and, if applicable, a copy of an organizational chart,
				including parent corporations and wholly owned subsidiaries;
3. A copy of the agreement of sale and, if
				applicable, a copy of any lease and/or management agreement; and
4. Disclosure of any licensed health care
				facilities owned, operated, or managed by the proposed owner or any of the
				principals, in New Jersey or any other state. If facilities are owned, operated, or
				managed in other states, letters from the state health departments or regulatory
				agencies in each respective state, verifying that the facilities have operated in
				substantial compliance during the last 12-month period and have had no enforcement
				actions imposed during that period of time, must be included in the
				application.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43F-3.1 - Appointment and responsibilities of the administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The license holder
				shall appoint an administrator who is a full-time employee of the facility. The
				administrator, or an alternate who shall be designated in writing to act in the
				absence of the administrator, shall be available on the premises of the facility
				during the hours when participant care services are being provided.
(b) The administrator shall be responsible for,
				but not limited to, the following:
1. Ensuring the
				development, implementation, and enforcement of all policies and procedures,
				including participant rights;
2.
				Planning and administering the managerial, operational, fiscal, and reporting
				components of the facility;
3.
				Participating in the quality improvement program for participant care and staff
				performance;
4. Ensuring that all
				personnel are assigned duties based upon their education, training, competencies,
				and job descriptions;
5. Ensuring the
				provision of staff orientation, staff education, and ongoing staff training in
				accordance with 8:43F-6.3;
6. Establishing and maintaining liaison
				relationships and communication between facility staff and services providers and
				with participants and their caregivers; and
7. Verifying that each Medicaid-eligible
				participant is eligible to receive services available at the adult day health
				services facility prior to the participant's entry into the program. For the
				purposes of this section, the administrator shall be entitled to rely on any prior
				authorization performed by the Department for the participant in accordance with
				N.J.A.C. 8:86.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43F-3.2 - Qualifications of the administrator of the adult day health services facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator of
				an adult day health services facility shall:
1.
				Have a master's degree from a college or university approved by a state department
				of education and at least one year of full-time administrative or supervisory
				experience in a licensed health care facility;
2. Have a baccalaureate degree from an approved
				college or university and three years of full-time experience in a licensed health
				care facility, one year of which shall have included administrative or supervisory
				experience; or
3. Be a qualified health
				professional licensed by the State of New Jersey, such as a nursing home
				administrator, physician, social worker, licensed physical therapist, registered
				professional nurse, occupational therapist, certified assisted living administrator
				or speech-language pathologist with at least one year of full-time administrative or
				supervisory experience in a licensed health care facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43F-3.4 - Mandatory notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall notify the Department
				immediately by telephone at (609) 633-8991 or (800) 792-9770, followed by written
				confirmation within 72 hours of the following:
1.
				Unanticipated interruption or cessation of program services for three hours or more
				(excluding closure for inclement weather);
2. Termination of employment of the administrator,
				and the name and qualifications of the administrator's replacement. If a new
				administrator cannot be designated within 72 hours, the facility shall notify the
				Department in writing and the facility shall make arrangements, which are acceptable
				to the Department, for administrative supervision. A new administrator shall be
				appointed within 30 days;
3. Termination
				of employment of the Director of Nursing, and the name and qualifications of the
				Director of Nursing's replacement. If a new Director of Nursing cannot be designated
				within 72 hours, the facility shall notify the Department in writing and the
				facility shall make arrangements, which are acceptable to the Department, for
				nursing supervision by a registered professional nurse. A new Director of Nursing
				shall be appointed within 30 days;
4.
				Occurrence of epidemic disease in the facility;
5. All fires, all disasters, and all deaths
				resulting from accidents or incidents in the facility or related to facility
				services. The written confirmation shall contain information about injuries to
				participants and/or personnel, disruption of services, and extent of damages;
				and
6. All alleged or suspected crimes
				committed by or against participants, which shall also be reported at the time of
				occurrence to the local police department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43F-3.5 - Financial arrangements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall:
1. Inform participants in writing of the fees for
				services and supplies (where a fee is charged);
2. Maintain a written record of all financial
				arrangements with the participant and/or the participant's family, with copies
				furnished to the participant;
3. Assess
				no additional charges, expenses, or other financial liabilities in excess of the
				daily, weekly, or monthly rate included in the admission agreement, except:
i. Upon written approval and authority of the
				participant and/or the participant's family, each of whom shall be given a copy of
				the written approval;
ii. Upon written
				orders of the participant's physician, advanced practice nurse or physician
				assistant, stipulating specific services and supplies not included in the admission
				agreement;
iii. Upon 15 days' prior
				written notice to the participant and/or the participant's family of additional
				charges, expenses, or other financial liabilities due to the increased cost of
				maintenance and/or operation of the facility; or
iv. In the event of a health emergency involving
				the participant and requiring immediate, special services or supplies to be
				furnished during the period of the emergency;
4. Describe for the participant agreements with
				third-party payors and/or other payors and referral systems for participant's
				financial assistance; and
5. Describe
				sliding fee scales and any special payment plans established by the
				facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43F-3.6 - Participant care policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Written policies and
				procedures for the care of participants shall be established, implemented, and
				reviewed at intervals specified in the policies and procedures. Each review of the
				policies and procedures shall be documented. Policies and procedures shall include,
				but not be limited to, policies and procedures for the following:
1. The determination of staffing levels on the
				basis of the daily census and on the basis of an assessment of the acuity of
				participant need;
2. The referral of
				participants to other health care providers, in order to provide a continuum of care
				for the participant;
3. Emergency care
				of participants, including notification of the participant's family;
4. Participant instruction and health education,
				including the provision of printed and/or written instructions and information for
				participants, with multilingual instructions as indicated;
5. Advance directives, including, but not limited
				to, the following:
i. The circumstances under
				which an inquiry will be made of adult participants;
ii. Requirements for provision of a written
				statement of participants' rights regarding advance directives, approved by the
				Commissioner or his or her designee, to such participants; and
iii. Requirements for documentation in the medical
				record;
6. The prohibition of
				smoking in the facility in accordance with
				26:3D-55 et seq.;
7. Discharge, transfer, and readmission of
				participants, including criteria for each;
8. The care and control of pets if the facility
				permits pets in the facility or on its premises; and
9. Exclusion of participants from the facility,
				and authorization to return to the facility, for participants with communicable
				disease.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43F-3.7 - Denial of admission

Current through Register Vol. 56, No. 14, July 15, 2024
If an applicant, after applying in writing, is denied admission
				  to the facility, the applicant and/or the applicant's family shall be given the
				  reason for such denial in writing, signed by the administrator, within 15 days of
				  receipt of the written application.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43F-3.8 - Involuntary discharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Thirty days written
				notice by the administrator shall be provided to a participant and, if possible and
				appropriate, the participant's family, of a decision to involuntarily discharge the
				participant from the facility. The notice shall include the reason for discharge and
				the participant's right to appeal. A copy of the notice shall be entered in the
				participant's medical record.
(b) The
				participant shall have the right to appeal to the administrator any involuntary
				discharge from the facility. The appeal shall be in writing, and a copy shall be
				included in the participant's medical record with the disposition or resolution of
				the appeal.
(c) An involuntary discharge
				for reasons of the participant's or other participants' welfare shall comply with
				8:43F-4.2(a)6.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43F-3.9 - Verbal and telephone orders

Current through Register Vol. 56, No. 14, July 15, 2024
Verbal or telephone orders shall be written into the
				  participant's medical record by the person accepting them and countersigned by the
				  prescriber or verified via the original written order or a plain-paper faxed copy
				  within seven days. Any limits on the use of verbal and telephone orders and criteria
				  for their acceptance shall be defined in the facility's policies and
				  procedures.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43F-3.10 - Interpretation services

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall demonstrate the ability to provide a means to
				  communicate with any participant who is non-English speaking and/or has a
				  communication disability, using available community or on-site resources.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43F-3.11 - Notification of family

Current through Register Vol. 56, No. 14, July 15, 2024
The participant's family shall be notified in the event that the
				  participant sustains an injury, or an accident or incident occurs, immediately after
				  the occurrence. Immediately following such notification, the notification shall be
				  documented in the participant's medical record.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43F-3.12 - Participant follow-up

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall establish and implement policies and
				  procedures for follow-up of participants in the event that a participant does not
				  appear for services on scheduled days, and for documentation of the follow-up in the
				  participant's medical record.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 3 - ADMINISTRATION › Section 8:43F-3.13 - General record policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				records shall be maintained by the facility:
1. A
				chronological listing of participants admitted and discharged, including the
				destination of participants who are discharged; and
2. Statistical data concerning utilization of
				program services and demographic information related to participants or other data
				as may be required by these rules.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 4 - PARTICIPANT RIGHTS › Section 8:43F-4.1 - Policies and procedures regarding participant rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				establish and implement written policies and procedures regarding the rights of
				participants. These policies and procedures shall be available to participants,
				staff, and the public and shall be conspicuously posted in the facility in English
				and the primary language(s) of the participants.
(b) The staff of the facility shall receive
				in-service education concerning the implementation of policies and procedures
				regarding participant rights.
(c) The
				facility shall comply with all applicable State and Federal laws concerning
				participant rights.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 5 - PARTICIPANT ASSESSMENT AND PLAN OF CARE › Section 8:43F-5.1 - Pre-admission assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to admission
				of the participant, a member of the interdisciplinary team shall perform an
				assessment of the participant's home environment. The assessment shall be documented
				in the participant's medical record and shall include assessment of at least the
				following:
1. Living arrangements;
2. The participant's relationship with his or her
				family;
3. Amenities and facilities
				available, such as heat, toilet and bathing facilities, and provisions for preparing
				and storing food;
4. Existence of
				environmental barriers, such as stairs, not negotiable by the participant;
				and
5. Access to transportation,
				shopping, religious, social, or other resources to meet the needs of the
				participant.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 5 - PARTICIPANT ASSESSMENT AND PLAN OF CARE › Section 8:43F-5.2 - Assistance with activities of daily living

Current through Register Vol. 56, No. 14, July 15, 2024
Assistance with activities of daily living shall be provided
				  on-site to participants who require such assistance.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 5 - PARTICIPANT ASSESSMENT AND PLAN OF CARE › Section 8:43F-5.3 - Assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered
				professional nurse (RN) shall assess the nursing needs of each participant,
				coordinate the written interdisciplinary plan of care, and ensure the timeliness of
				all services.
(b) An initial assessment
				shall be completed for each participant on the day of admission and shall include at
				least personal hygiene, immediate dietary needs, medications, ambulation and
				diagnosis. Based on this initial assessment, a written initial plan of care shall be
				developed within five business days of the date the initial assessment is
				performed.
(c) A physician, advanced
				practice nurse or physician assistant shall provide orders for each participant's
				care beginning on the day of admission.
(d) Each physician, advanced practice nurse or
				physician assistant order shall be executed by the nursing, dietary, social work,
				activities, rehabilitation or pharmacy service, as appropriate in accordance with
				professional standards of practice.
(e)
				A comprehensive assessment shall be completed for each participant within 14 days of
				the date the participant first attends the program. The comprehensive assessment
				shall include, at a minimum, evaluation of the following:
1. Cognitive patterns;
2. Communication/hearing patterns and
				vision;
3. Physical
				functioning;
4. Psychosocial
				well-being;
5. Medical
				condition/diagnoses;
6. Nutritional
				status and life style;
7. Oral/dental
				status;
8. Skin condition;
9. Medication use; and
10. Special treatment and procedures, assistive
				devices.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 5 - PARTICIPANT ASSESSMENT AND PLAN OF CARE › Section 8:43F-5.4 - Development and implementation of plan of care, and discharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A written
				interdisciplinary plan of care shall be developed, based on the initial and
				interdisciplinary assessment, within 30 days of the date the participant first
				attends the program. The plan of care shall include, but not be limited to, the
				following:
1. The participant's scheduled days of
				attendance;
2. The specific goals of
				care, if appropriate;
3. The
				participant's needs and preferences for himself or herself;
4. Orders for treatment or services, medications,
				and diet, if needed; and
5. The time
				intervals at which the participant's response to treatment will be
				reviewed.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 6 - GENERAL SERVICES › Section 8:43F-6.1 - General services provided

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				provide, in accordance with the rules in this chapter, preventive, diagnostic,
				therapeutic, rehabilitative and habilitative services to participants who do not
				require 24-hour inpatient health care.
(b) The facility, at a minimum, shall provide the
				following services directly in the facility: nursing, dietary, activities,
				pharmaceutical, and social work.
(c) The
				facility shall provide or arrange for occupational therapy, physical therapy, and
				speech-language pathology services, either in the facility or outside of the
				facility. Habilitative services shall be provided or arranged for participants with
				developmental disabilities.
(d) The
				facility shall make referrals for services, which shall include, but not be limited
				to, dental, laboratory, medical, and radiological.
(e) Adult day health services shall be provided
				for at least five consecutive hours and no more than 12 hours daily, exclusive of
				transportation time, for a minimum of five days per week.
1. For Medicaid-eligible participants, the
				facility shall also comply with all of the provisions at N.J.A.C. 10:164.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 6 - GENERAL SERVICES › Section 8:43F-6.2 - General staffing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Adult day health
				service facilities shall provide at least one full-time, or full-time equivalent,
				direct care staff member for every nine participant equivalents, calculated on the
				basis of the daily census. Additional staff shall be provided as needed, based on
				the acuity of the participants. The facility shall have adequate staff capability to
				provide services and supervision to the participants at all times.
(b) Transportation staff shall not be counted as
				direct care staff for purposes of the staff to participant ratio, except during any
				hours that they spend in the facility providing care to the participants. Under no
				circumstances shall the time spent driving participants to or from the facility be
				counted as direct care staff hours.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 6 - GENERAL SERVICES › Section 8:43F-6.3 - Personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall make reasonable efforts to
				ensure that all staff providing direct care to participants in the facility are in
				good health, are concerned for the safety and well-being of participants, and have
				not been convicted of a crime relating adversely to the person's ability to provide
				care to participants, except when the applicant or employee with a criminal history
				has demonstrated his or her rehabilitation, in accordance with the standards set
				forth at
				N.J.S.A.
				2A:168A-1 et seq., and
				N.J.A.C.
				8:43F-2.1(a)8 ii, in order to
				qualify for employment at the facility.
1.
				"Reasonable efforts" shall include, but not be limited to, an inquiry on the
				employment application, reference checks, and/or criminal background checks when
				necessary for compliance with
				N.J.A.C.
				8:43F-2.1(a)8.
i. Administrators and owners of adult day health
				services facilities shall have clearance from the Criminal Background Investigation
				in accordance with
				N.J.A.C.
				8:43F-2.1(a)8.