N.J. Admin. Code § 8:39-2.11

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

Section 8:39-2.11 - Add-a-bed

(a) Pursuant to N.J.S.A. 26:2H-7.2, a facility may request approval from the Department to increase total licensed beds by no more than 10 beds or 10 percent of its licensed bed capacity, whichever is less, without certificate of need approval. No more than one such request for approval shall be submitted every five years.

(b) The Department shall charge a nonrefundable fee of $ 1,500 plus $ 15.00 per additional bed for the filing of an application to add beds to increase a facility's total licensed capacity. Applicants may obtain Add-a-bed application forms, LCS-5, from the Division of Certificate of Need and Licensing or on the Department's website at https://www.nj.gov/health/forms/. The completed forms, along with, scaled floor plans and the appropriate fee, must be forwarded to the Division of Certificate of Need and Licensing.

(c) The Department shall deny an add-a-bed application if any of the following conditions exist:

1. The facility's track record is unsatisfactory, in accordance with N.J.A.C. 8:33-4.10 and 8:43E-5.1;

2. The applicant fails to demonstrate that the facility has sufficient space to implement the new licensed bed capacity in a manner meeting Federal construction standards contained in the 1996-97 edition of "Guidelines For Design and Construction of Hospital and Health Care Facilities" (American Institute of Architects Academy of Architecture for Health, with assistance from the U.S. Department of Health and Human Services. The American Institute of Architects Press: Washington, DC), incorporated herein by reference as amended and supplemented;

3. The applicant fails to demonstrate that the facility has provided sufficient nurse staffing hours, in accordance with this chapter, to meet the needs of the current resident census;

4. The addition of beds will result in a unit size in excess of 64 beds;

5. The addition of beds will result in a violation of State licensure or Federal certification requirements; or

6. The proposed additional beds will result in a room occupancy that exceeds two residents per room.

N.J. Admin. Code § 8:39-2.11

Amended by R.2004 d.160, effective 4/19/2004.
See: 35 N.J.R. 4838(a), 36 N.J.R. 1962(a).
In (b), substituted "$ 1,500" for "$ 1,000" and "$ 15.00" for "$ 10.00".
Amended by R.2007 d.83, effective 3/19/2007.
See: 38 N.J.R. 4141(a), 39 N.J.R. 924(a).
In (b), substituted "Office of Certificate of Need and Healthcare Facility Licensure" for "Long Term Care Licensing and Certification Program", and updated address.
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2199(a).