N.J. Admin. Code § 10:161B-2.10

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:161B-2.10 - Informal dispute resolution

(a) A facility may request an opportunity to discuss the accuracy of survey findings with representatives of DOH in the following circumstances during a survey:

1. During the course of a survey to the extent such discussion does not interfere with the surveyor's ability to obtain full and objective information and to complete required survey tasks; or

2. During the exit interview or other summation of survey findings prior to the conclusion of the survey.

(b) Following completion of the survey, a facility may contact the Director of DCN&L to request an informal review of deficiencies cited. The request must be made, in writing, within 10 business days of the receipt of the written survey findings. The written request must include:

1. A specific listing of the deficiencies for which informal review is requested; and

2. Documentation supporting any contention that a survey finding was in error.

(c) The review will be conducted within 20 business days of the request by supervisory staff of DOH who did not directly participate in the survey. The review can be conducted in person at the offices of DOH or, by mutual agreement, solely by review of the documentation as submitted.

(d) A decision will be issued by DOH within 20 business days of the conference or the review, and if the determination is to agree with the facility's contentions, the deficiencies will be removed from the record. If the decision is to disagree with the request to remove deficiencies, a plan of correction is required within 10 business days of receipt of the decision. The facility retains all other rights to appeal deficiencies and enforcement actions taken pursuant to these rules.

N.J. Admin. Code § 10:161B-2.10

Amended by 48 N.J.R. 2791(a), effective 12/19/2016

Amended by 55 N.J.R. 2346(a), effective 11/20/2023