N.J. Admin. Code § 11:24B-2.6

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

Section 11:24B-2.6 - CODS: modification of certification

(a) A CODS shall submit an application to modify its certification when:

1. There is to be a change in control of the ODS, the ODS' parent, or an affiliate of an ODS that has control over the ODS; or

2. The ODS wants to alter the categories of services on which its current certification is based.

(b) No modification to a CODS' certification shall be effective unless approved, or deemed approved, by the Department.

(c) In order to effect a modification to its certification, a CODS shall submit a notice of the change to the information it has previously submitted at least 60 days prior to the date on which the CODS intends the event(s) on which the modification is based to become effective, specifying the following information:

1. The information being changed, including dated copies of any changed pages;

2. The reason for the change;

3. The anticipated short-term (approximately six months) and long-term (more than 12 months) impact that the change may have upon the availability and accessibility of the services the CODS has currently contracted to provide;

4. The time frame for implementation of the change, if any;

5. What procedures the CODS intends to take to avoid undue disruption in services resulting from the change, if any; and

6. The fee specified at N.J.A.C. 11:22-4.6(a).

(d) The Department may extend the 60-day review period for up to an additional 30 days without affirmatively disapproving the application for modification by providing written notice of the extension before the expiration of the 60-day review period, and no application for modification, nor any change on which the modification is based, shall become effective during the extension period.

(e) If the modification is disapproved by the Department, the Department shall set forth the disapproval in writing, specifying the reasons for disapproval of the requested modification, and the ODS shall not effect the requested change.

(f) No ODS shall construe an affirmative notice of conditional approval of a requested change as a final approval or deemed approval until the time period for affirmative disapproval has elapsed.

(g) An ODS shall not effect the modification based upon deemed approval until it provides written notice to the Department that it intends to do so, including in the notice the date of the deemed approval.

N.J. Admin. Code § 11:24B-2.6

Amended by 55 N.J.R. 1186(a), effective 6/5/2023