N.J. Admin. Code § 8:43G-36.1

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

Section 8:43G-36.1 - Scope

(a) All satellite emergency departments shall be owned and operated by an acute care general hospital and shall comply with the rules in this subchapter and all applicable requirements of this chapter. All satellite emergency departments shall provide emergency treatment and care within the scope of this subchapter for those patients, who are transported by basic life support (BLS) transport service and other ambulatory arrivals.

(b) A satellite emergency department shall be licensed only to replace the full service emergency department of a licensed general acute care hospital which has approval from the Department to cease operation of all of its licensed acute care beds. The satellite emergency department shall be located in as close proximity to the closed full service emergency department as is possible. This location shall require the prior written approval of the Department.

1. For each full service emergency department which has closed, only one satellite emergency department shall be licensed to provide care.

2. Priority for licensing satellite emergency departments shall be given to the entity or its parent which was previously licensed to operate the full service emergency department or to an entity with a formal affiliation to one of the latter at the time licensing of the satellite emergency department is requested.

(c) The Department may consider a waiver to (b) above where the proposed operator of a satellite emergency department is able to demonstrate to the satisfaction of the Department that its proposed location will serve to eliminate or substantially mitigate problems of access to appropriate emergency care affecting a community or communities.

(d) Although a satellite emergency department may provide care and services to all patients, cases more appropriately treated in an acute care hospital emergency department include the following:

1. Patients attended by advanced life support (ALS) personnel/mobile intensive care unit (MICU) personnel and requiring ALS/MICU care and services;

2. Individuals with altered mental status or under the influence of alcohol or other substances; and

3. Pregnant women greater than 20 weeks with conditions relating to pregnancy.

(e) A certificate of need application and certificate of need approval is not required in order for a licensed hospital to institute, construct, expand, or operate a satellite emergency department. However, a licensed hospital which chooses to establish a satellite emergency department shall make application for licensure to the Licensing Office as required in N.J.A.C. 8:43G-2.2(a) and comply with the requirements of N.J.A.C. 8:43G-2.2 through 2.11. If the satellite emergency department applies for licensure as a free-standing ambulatory care facility, it shall also meet the applicable requirements set forth in N.J.A.C. 8:43A.

(f) A satellite emergency department may be located in a building formerly licensed as an acute care hospital or another building and shall comply with the physical plant requirements specified at 8:43G-36.15.

(g) The Department shall charge a non-refundable biennial inspection fee of $ 2,000 and an annual licensure fee of $ 2,500 for the operation of a satellite emergency department.

(h) Each satellite emergency department shall provide services 24 hours per day, seven days per week during the first full year after licensing. After one year, if the facility can document a low utilization of patients during any eight-hour period, it may cease operation during that time period, following Department approval. In no case shall a satellite emergency department operate less than 16 hours per day, seven days per week after the first year of licensing. Policies and procedures addressing after hours care shall be developed by the satellite emergency department or owner/operator hospital and approved by the Department prior to revising hours of operation.

1. The satellite emergency department may apply to the Department to reduce hours of operation to 16 hours per day after one year of operation. Such requests shall include documentation of low utilization as defined in 8:43G-36.2.

i. Hospital owned and operated satellite emergency departments shall not contain any licensed beds. However, the satellite emergency department may have observation beds, which shall only be used for a time period of not more than 12 hours from time of registration and in the care of patients likely or expected to be discharged home, unless, the patient is awaiting test results or transfer to another facility.

N.J. Admin. Code § 8:43G-36.1

Amended by 50 N.J.R. 552(b), effective 1/16/2018