N.J. Admin. Code § 10:44B-2.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10:44B-2.1 - Licensee requirements

(a) The licensee shall have overall responsibility for the individuals and boarders in the residence.

1. Except as otherwise provided in the Rehabilitated Offenders Act, N.J.S.A. 2A:168A-1 et seq., no license will be issued to any person in whose home or community care residence there is found to be any occupant who has been convicted of any offenses listed at N.J.A.C. 10:44B-1.4(h)1 through 2.

2. The licensee shall read, write, speak, and understand English in a manner sufficient to provide care, support, and supervision to individuals, and to comply with the licensing requirements.

3. The licensee, members of the licensee's family, and occupants participating in individual care shall be of sound physical and emotional health.

i. Annually, the licensee shall have his or her physician or nurse practitioner complete, sign, and date the placing agency's required medical form, attesting that the licensee is capable of performing his or her duties and is able to provide care to the individuals placed in the residence. The form shall also identify any physical, emotional, or mental limitations of the licensee. The Department, at its discretion, may require additional physical and/or psychological examinations of the licensee to be provided by the licensee should any evidence of physical, emotional, or mental limitations of the licensee occur between annual attestations.

ii. The Department may require the licensee to demonstrate the ability to provide any physical assistance that may be required by an individual who is placed in the licensee's residence.

4. The licensee shall provide a copy of the physician's statement and a completed medical form to the Department within 10 business days of receipt. If the licensee fails to provide the physician's statement and medical form, the Commissioner shall have the authority to take one or more of the following actions:

i. Stop any payments to the licensee;

ii. Seek recovery of any payments to the licensee from the date that the statement and form were due; and

iii. Not resume payment until such time as the licensee submits the statement and form.

5. If the licensee is unable to demonstrate that he or she is physically and mentally capable of performing the job duties of a licensee as required by (a)3i above, the Office of Licensing shall take negative licensing action against the licensee.

(b) The licensee shall assure that any occupant of the household 18 years of age or older, residing in the home or visiting in the home for a period of 30 days or longer, and any alternate, is fingerprinted through the placing agency. At the discretion of the placing agency or Office of Licensing, fingerprinting of other persons regularly visiting the home may be required.

(c) No license shall be issued for a community care residence in which the licensee or any occupant has been adjudged civilly or criminally liable for abuse, neglect, or exploitation of another person, or whose name appears on the Central Registry.

(d) The licensee shall not enter into a contract with another person or entity to provide supervision, care, or habilitation of individuals for which the licensee has contracted and is receiving payment from the placing agency, unless such contract is specifically approved, in writing, by the placing agency and the need for these services is clearly identified in the service plan.

(e) The licensee shall not deny access to any part of a community care residence to any person(s) with proper identification and statutory authority to protect the rights of, and advocate on behalf of, the individuals placed in the residence. Such persons include, but are not limited to, the case manager, legal guardian, guardianship worker, representatives of the Office of Licensing, the Department, the Division, the placing agency, and the Office of Investigations.

(f) The licensee shall be required to successfully complete all courses of instruction that are required or deemed necessary by the placing agency and/or the Office of Licensing. A licensee shall annually attend a continuing education program conducted or approved by the Department.

1. The licensee shall successfully complete and maintain valid certification on file of, both first aid and Cardiopulmonary Resuscitation Trainings, provided by training entities that meet the current Emergency Cardiovascular Care (ECC) guidelines, and that require successful completion of a skills practicum.

(g) Any licensee who receives or applies for public assistance shall document, in writing, to the Office of Licensing that he or she has notified the county welfare agency or board of social services that they are a licensed community care provider with the Department and the allowable rates for reimbursement as a community care provider.

(h) No licensee shall serve as an alternate while his or her license is suspended or revoked.

(i) Physical abuse; verbal abuse, psychological abuse, or mistreatment; sexual abuse; neglect; exploitation; corporal punishment; physical discipline; violation of the rights, isolation, or the use of unapproved aversive stimuli; or mechanical or physical restraint shall be prohibited.

1. Substantiation of such mistreatment of any individual by the licensee shall be sufficient cause for immediate licensure revocation.

2. The licensee shall not direct or allow individuals to discipline, assist in fire drill evacuation, train, supervise, or in any way care for other individuals, occupants, family members, children, or others requiring care.

(j) No licensee, or his or her relative, or any household member shall be the legal guardian, representative payee, or beneficiary of an insurance policy for, or reap financial or personal gain from, any individual receiving services.

(k) The licensee's work activities, interests, and/or volunteer work shall not interfere with the individuals' care and habilitation.

(l) The licensee shall participate as a member of the IDT in annual service plan meetings of the individuals residing in his or her home.

(m) The licensee shall not accept any remuneration from the individual's family for services rendered.

(n) The licensee shall annually take a two-week leave from providing services to an individual with a developmental disability residing in a community care residence, during which time an alternate specifically approved by the placing agency for that leave shall provide care or training, or both, to the individual with a developmental disability.

(o) The licensee shall be required to comply with random drug testing, consistent with P.L. 2017, c. 238 (N.J.S.A. 30:6D-9.1 et seq). Failure to comply shall be sufficient cause for immediate licensure revocation.

N.J. Admin. Code § 10:44B-2.1

Amended by 49 N.J.R. 542(a), effective 3/20/2017

Amended by 55 N.J.R. 52(b), effective 1/3/2023