N.J. Admin. Code § 5:15-3.8

Current through Register Vol. 56, No. 19, October 7, 2024

Section 5:15-3.8 - Admission standards

(a) Except as set forth in (e) below, the licensee shall admit and care for only those individuals who do not require services beyond those permitted by law and rules.

(b) The licensee shall not accept, except on an emergency basis, nor permit to remain in the facility any person who:

1. Causes danger to himself or others or interferes with the care and comfort of other residents;

2. Is in need of a level of medical or nursing care that cannot be rendered safely and effectively at the facility;

3. Is incapable of ambulation on stairs without personal assistance, unless such a person can be assigned a room on a floor with ground level egress; or,

4. Is under 18 years of age (unless part of a family), or unless the person is an emancipated minor or is housed in the facility in accordance with programs of the Office of Refugee Resettlement in the United States Department of Health and Human Services, which is responsible for custodianship of the minor.

(c) The person designated by the licensee as responsible for admission decisions shall interview each resident within 72 hours of entry to determine the immediate needs of the resident and whether or not the facility can meet or continue to meet those needs.

(d) Within 24 hours of entry, the person designated by the licensee shall inform the resident of the conditions and rules governing residency and termination of residency, of the services to be provided and of the charges for services, if any.

(e) The licensee shall assist in so far as possible persons who are accepted on an emergency basis, and who are not appropriately placed, to relocate within 72 hours of their admission.

(f) A licensee shall not permit occupancy to exceed the number of persons specified as the licensed capacity or on the certificate of occupancy.

(g) Notwithstanding (f) above, the Department may authorize a licensee to provide short-term emergency shelter to a number of persons in excess of the certified capacity of the facility. At the time of licensing, or at the request of a currently licensed facility, the local authority or the Bureau shall establish a limit on the number of persons that may be admitted to a given shelter in emergency situations. This emergency capacity shall be predicated upon the physical layout of the facility and the conditions set forth in (h) below. Emergency capacity shall be posted in writing next to the facility license and the certificate of occupancy.

(h) The licensee may provide short-term emergency shelter to persons in excess of certified capacity only if all the following conditions are met:

1. Snow emergencies, excessive cold, or other circumstances create an emergency need for additional shelter space;

2. The licensee is able to meet the food and shelter needs of all persons in residence;

3. The licensee, as far as possible, assigns staff sufficient to insure the safety of the residents; and

4. The number of persons admitted is not in excess of the authorized emergency limit.

(i) No licensee shall deny admission to a person, nor remove a resident, based upon race, religion or national origin.

N.J. Admin. Code § 5:15-3.8

Amended by 54 N.J.R. 1644(a), effective 7/27/2022

Amended by 54 N.J.R. 2079(a), effective 11/7/2022