N.J. Admin. Code § 10:44A-1.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:44A-1.4 - Application for licensure

(a) Application for licensure shall be initiated by completing and mailing the Combined Application to Become a Medicaid/DDD Approved Provider and the Attestation for Individual Supports Provider, as detailed at: http://www.nj.gov/humanservices/ddd/programs/sppp.html.

(b) No community agency applying to be or currently licensed by the Department shall pay or contract for any agency head until the Department has determined that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police that would disqualify the community agency head from such employment, pursuant to N.J.S.A. 30:6D-63 through 69 (criminal history background checks).

1. No prospective community agency head who refuses to consent to, or cooperate in, securing of a criminal history record background check shall be considered for employment or licensure.

2. When the agency head is not the owner or licensee, the owner(s) or licensee shall also comply with a criminal history background check.

(c) An application for licensure as an operator of a group home or supervised apartment program shall be submitted to the Division.

1. The application shall be composed of the following:

i. A table of organization, including titles, which shows reporting structure;

ii. Curriculum vitae for the applicant and executive director;

iii. Identification of all owners that comprise the licensee;

iv. A description of the applicant's or executive director's experience in providing services to individuals with developmental disabilities that demonstrates compliance with N.J.A.C. 10:44A-2.5(a)1, 2, and 3;

v. Documentation that the business is incorporated or otherwise authorized to do business in the State of New Jersey;

vi. A list of the governing body (for example, board of directors/trustees), which includes names, current mailing addresses, and their occupations;

vii. At least three professional references each, for the applicant and executive director;

viii. Documentation of agency history of service provision to individuals with developmental disabilities for a minimum of 24 months, including survey or audit results and plans of correction;

ix. A record of penalties or fines assessed against the program(s) and its ownership relative to the operation of the program(s) by any national, state, county, or local agency or court of competent jurisdiction which may reasonably be considered relevant to the safety of individuals in a program and the community in which it is located; and

x. An independent examination of the organization's financial status, obtained from a certified public accountant, for the two most recent fiscal years, with the Management Letters.

(d) An application shall be considered complete when the application is filled out in its entirety and all requested information on the application has been provided, and compliance with (b) above, for the community agency head, has been determined.

1. If all required elements are not received within 45 days of the initial submission, the application may be denied, and the applicant shall be prohibited from re-applying for six months, unless the Department allows such resubmission for good cause. After the six-month period has elapsed, the applicant may submit to the Division a new application for licensure.

(e) The Division shall review the completed application to determine:

1. Whether all required elements have been submitted;

2. The applicant's qualifications;

3. The applicant's apparent ability to comply with this chapter;

4. The applicant's apparent ability to deliver services, in accordance with its stated goals and purposes; and

5. Potential barriers to licensing.

(f) The Department may employ the services of any qualified professional, as necessary, in the review process in order to conduct a thorough and valid review of the program, supports, and services to be rendered.

(g) Within 60 calendar days of the receipt of the completed application, the applicant shall be advised, in writing, by the Department of its approval or non-approval. The Department may extend this deadline under exceptional circumstances.

1. Upon a determination that an application is denied, the applicant may submit a new application after six months.

(h) Falsification of any information during the application process shall be sufficient cause to deny the application.

(i) Upon approval of the completed application prior to opening a residence, the applicant shall submit a procedure manual to the Office of Licensing, which shall be approved upon determination that it meets the requirements at N.J.A.C. 10:44A-2.2.

1. This requirement shall not extend to licensees currently operating community residences for the developmentally disabled in New Jersey whose procedure manuals have been approved.

2. Upon approval of the manual, the applicant shall submit job descriptions to the Division of Developmental Disabilities for each position included on the table of organization in the procedure manual, for review and approval.

(j) No person shall own or operate a community residence for individuals with developmental disabilities without authorization from the Office of Licensing.

(k) Each community residence for individuals with developmental disabilities shall be subject to inspection or investigation by the Department, as deemed necessary, without limitation or notice to allow for an inquiry into the facility's records, equipment, sanitary conditions, accommodations, and management of the individuals served.

(l) Each community residence for individuals with developmental disabilities shall be subject to an annual on-site inspection by the Office of Licensing.

(m) No license shall be issued to any person who has previously been denied a license by any State agency due to substantial noncompliance or due to violation of any Federal law pertaining to the operation of a community residential facility.

(n) No license shall be issued to, or held by any person who, in a final determination by a court of record or by the Division on Civil Rights, has been found to discriminate against any person on the basis of race, color, creed, gender, national origin, ancestry, or disability.

N.J. Admin. Code § 10:44A-1.4

Amended by R.2004 d.404, effective 11/1/2004.
See: 36 New Jersey Register 2589(a), 36 New Jersey Register 4961(a).
In (d), inserted "and/or Department" following "Division" in the introductory paragraph.

Amended by 55 N.J.R. 171(a), effective 2/6/2023