N.J. Admin. Code § 8:33-4.9

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:33-4.9 - General criteria for review

(a) No certificate of need shall be issued unless the action proposed in the application for such certificate is necessary to provide required health care in the area to be served, can be financially accomplished and licensed in accordance with applicable licensure regulations, will not have an adverse impact on access to health care services in the region or Statewide, and shall contribute to the orderly development of adequate and effective health care services. In making such determinations there shall be taken into consideration:

1. The availability of facilities or services which may serve as alternatives or substitutes;

2. The need for special equipment and services in the area;

3. The adequacy of financial resources and sources of present and future revenues;

4. The availability of sufficient manpower in the several professional disciplines; and

5. Other applicable requirements which are specified in any health planning rule adopted by the Department.

(b) It shall be the responsibility of the applicant to adequately and appropriately demonstrate that the proposed project meets the standards set forth in (a) above. It is not incumbent upon the reviewing agencies to demonstrate lack of need.

(c) No certificate of need shall be granted to any facility that, during the course of the application process, fails to provide or fails to contractually commit to provide services to medically undeserved populations residing or working in its service area as adjusted for indications of need. In addition, no certificate of need shall be granted to any facility that fails to comply with State and Federal laws regarding its obligation not to discriminate against low income persons, minorities, and disabled individuals.

N.J. Admin. Code § 8:33-4.9

Amended by R.1993 d.442, effective 9/7/1993.
See: 25 N.J.R. 2171(a), 25 N.J.R. 4129(a).
Amended by R.1996 d.101, effective 2/20/1996.
See: 27 N.J.R. 4179(a), 28 N.J.R. 1228(a).
Administrative correction.
See: 30 N.J.R. 3645(a).
Amended by R.2002 d.243, effective 8/5/2002.
See: 34 N.J.R. 458(a), 34 N.J.R. 2814(a).
Rewrote (a).