N.J. Admin. Code § 5:19-10.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:19-10.1 - Notice of cancellation of continuing care agreement

(a) Each resident may, upon 60-days' written notice, cancel the resident's continuing care agreement for any reason.

(b) Each resident shall be provided at least 60-days' written notice from the facility if the resident's continuing care agreement is being cancelled due to a violation of the facility's rules or regulations. Notification may be waived if the facility can demonstrate just cause for terminating the continuing care agreement in accordance with 5:19-6.5(c). The resident may challenge the facility's notice of continuing care agreement cancellation by requesting a hearing in the same manner as for a hearing in a contested case pursuant to section 9 of P.L. 1968, c. 410 (52:14B-9). Any notice of cancellation by the facility shall include the following:

1. Specific factual representations constituting just cause, if any;

2. Notice of the resident's right to challenge the facility's notice of cancellation by requesting a hearing; and

3. Notice of the resident's right to a prompt full or partial refund of the resident's entrance fee to the extent provided in the continuing care agreement or as provided by law.

(c) Any cancellation of a continuing care agreement shall nevertheless be subject to the provisions of 5:19-6.5, Rescission and removal, except as otherwise provided in this chapter, in the Act, or in other applicable law.

N.J. Admin. Code § 5:19-10.1

Adopted by 47 N.J.R. 710(a), effective 4/6/2015.