N.J. Admin. Code § 5:27A-18.4

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

Section 5:27A-18.4 - Civil monetary penalties

(a) Pursuant to N.J.S.A. 26:2H-13 and 14, the Commissioner may assess a penalty for violation of licensure rules in accordance with the following standards:

1. For operation of a residential health care facility without a license, or continued operation of a residential health care facility after suspension or revocation of a license, $ 1,000 per day from the date of initiation of services;

2. For violation of an order for curtailment of admissions, $ 250.00 per patient, per day from the date of such admission to the date of discharge or lifting of the curtailment order;

3. For failure to obtain prior approval from the DCA Residential Health Care Licensure Program for occupancy of an area or initiation of a service following construction or application for licensure, $ 250.00 a day;

4. For construction or renovation of a residential health care facility without the Department's approval of construction plans, $ 1,000 per room or area renovated and immediate suspension of use in the room or area from the date of initial use until determined by the Department to be in compliance with licensure standards. This determination shall take into account any waivers granted by the Department;

5. For the transfer of ownership of a residential health care facility without prior approval of the Department, $ 500.00 per day from the date of the transfer of interest to the date of discovery by the Department. Such fine may be assessed against each of the parties at interest;

6. For maintaining or admitting more patients or residents to a residential health care facility than the maximum capacity permitted under the license, $ 25.00 per patient per day plus an amount equal to the average daily charge collected from such patient or patients;

7. For all violations of licensure regulations related to patient care or physical plant standards, a penalty up to the statutory maximum of $ 5,000 may be assessed.

8. For failure to report information to the Department as required by statute or licensing regulation, after reasonable notice and an opportunity to cure the violation, $ 250.00 per day; and

9. For violations of rules governing the prohibition of mandatory overtime contained in N.J.A.C. 8:43E-8, $ 1,000 per violation, which may be assessed for each day noncompliance is found.

(b) Except for violations deemed to be immediate and serious threats, the Department may decrease the penalty assessed in accordance with (a) above, based on the compliance history of the facility; the number, frequency and/or severity of violations by the facility; the measures taken by the facility to mitigate the effects of the current violation, or to prevent future violations; the deterrent effect of the penalty; and/or other specific circumstances of the facility or the violation.

(c) The Department may increase the penalties in (a) above up to the statutory maximum per violation per day in consideration of the economic benefit realized by the facility for noncompliance.

N.J. Admin. Code § 5:27A-18.4

Amended by 49 N.J.R. 3821(a), effective 12/18/2017