N.J. Admin. Code § 8:33H-1.1

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

Section 8:33H-1.1 - Purpose; scope

(a) The purpose of this chapter is to set forth Certificate of Need and related planning requirements for long-term care services.

(b) The Department has a major responsibility for the promotion of high quality, efficiently and economically rendered health services which are available to all citizens of the State. To ensure significant progress toward the achievement of this goal, the Department should direct planning and Certificate of Need activities toward the following:

1. Health promotion and minimization of debilitation;

2. Enhancement of the quality of life of long-term care consumers/patients and their families and/or significant others;

3. Expansion of both general and specialized long-term care options to maximize consumer choice;

4. Increased geographic, economic, and architectural accessibility of long-term care services;

5. Expansion of long-term care services to the extent that they are needed, while minimizing excess, underutilized capacity;

6. Increased affordability of long-term care services, the cost of which must be borne by consumers and the government;

7. Access to long-term care services without regard to race, ethnicity, or medical diagnoses, including HIV infection or a history of psychiatric illness;

8. Coordination of long-term care services; and

9. Community participation in decision-making about the development of expanded long-term care services.

(c) The rules contained in this chapter address the Certificate of Need requirements for the following categories and types of facilities, as they are defined in 8:33H-1.2:

1. Nursing homes;

2. Comprehensive personal care homes;

3. Pediatric long-term care;

4. Specialized long-term care;

5. Assisted living residences;

6. Assisted living programs; and

7. Statewide restricted admissions facilities.

(d) Home health care is recognized as an important component of the long-term care system; however, the Certificate of Need requirements for home health care agencies are not contained in this chapter. Applicants interested in offering home health services in New Jersey should refer to 8:33-4.1(a). However, applications for this service will only be accepted in response to a call issued by the Department and published in the New Jersey Register.

(e) Some patients in nursing homes may, on occasion, require rehabilitative care. The rehabilitative services offered to patients in most nursing homes are distinguished from comprehensive rehabilitation, which may only be offered by a licensed rehabilitation hospital. Applicants interested in offering comprehensive rehabilitation should refer to N.J.A.C. 8:33M and 8:33-4.1(a). However, applications for this service will only be accepted in response to a call issued by the Department and published in the New Jersey Register.

(f) The provisions contained in this chapter shall apply uniformly to Certificate of Need applications for private and public facilities, whether State, county, municipal, incorporated, not incorporated, proprietary, or nonprofit, unless it is otherwise stated.

(g) Where a Certificate of Need is granted for long-term care beds, the applicant shall agree to occupy those beds with residents who require general nursing home care or, if so designated in the letter of approval, specialized long-term care. Applicants approved for long-term care beds shall not admit residents who require a different licensing category of care, such as comprehensive rehabilitation, unless the Commissioner has determined that admission is warranted to respond to an emergency situation and has granted approval in writing.

1. Applicants shall not advertise their facilities' services in such a way that consumers might reasonably construe that the level of care provided is something other than general nursing home care or, if so designated in the letter of approval, specialized long-term care.

N.J. Admin. Code § 8:33H-1.1

Amended by R.1993 d.671, effective 12/20/1993.
See: 25 New Jersey Register 3719(a), 25 New Jersey Register 6031(a).
Amended by R.2004 d.354, effective 9/20/2004.
See: 36 New Jersey Register 1641(a), 36 New Jersey Register 4306(a).
In (b), inserted "both general and specialized" following "Expansion of" in 3; in (c), deleted 8 to 10; in (d) and (e), amended the N.J.A.C. reference and added last the sentence; in (g), substituted "residents" for "patients" throughout.