N.J. Admin. Code § 8:121-1.4

Current through Register Vol. 56, No. 8, April 15, 2024

Section 8:121-1.4 - Licensure process

(a) All applications, fee payments, and inquiries related to licensure of mental health programs shall be submitted to the Director, and, if applicable, made payable to the Treasurer, State of New Jersey.

(b) Mental health programs which intend to become licensed shall complete an application for licensure indicating the type(s) of mental health program(s) provided, and the specific location and addresses where the mental health program(s) is or will be provided.

1. The mental health program shall complete all information and provide documentation requested on the license application.

2. The mental health program requesting licensure shall demonstrate the capacity to operate the mental health program in accordance with Department rules.

(c) Deemed status may be considered as part of the Department licensing process for community mental health programs in those cases where:

1. A mental health program is accredited at the time of application within the past three years by an accrediting body recognized by the Department; and

2. The program submits the accrediting body report with the license application indicating that the program is accredited. As applicable, any remediation plan required by the accrediting body shall also be submitted.

(d) A mental health program applying for initial licensure shall pay an application fee in the amount specified at N.J.A.C. 8:121-1.5. After initial licensure, the mental health program shall pay an annual licensure renewal fee in the amount specified at N.J.A.C. 8:121-1.5. No license shall be issued or renewed until payment in full has been received by the Department. No licensure fees shall be refunded. Failure to submit the appropriate licensure fee in a timely manner shall result in revocation of the license. Payment of licensure renewal fees must be received by the Department on or before the expiration date of the issuance of the license. Payment shall be submitted with the application for initial or renewed licensure.

(e) Providers without revenue-generating capabilities may seek a waiver of the license fee requirement from the Department, provided that they comply with each of the following requirements:

1. A previously licensed provider shall submit a written waiver request to the Director.

2. An initial licensure applicant seeking a waiver of the fee requirement shall submit a waiver request with the licensure application. Existing licensees seeking waivers shall submit the application for a fee waiver annually no less than 60 days before the anniversary date of the expiration of the license; and

3. The written waiver request shall include the following information:

i. The number of consumers served at the site on a weekly basis;

ii. The day and hours of operation;

iii. The program's total budget, including all revenue sources;

iv. A justification demonstrating that the program would be detrimentally and disproportionately impacted by the fee requirement and that strict enforcement of the fee requirement would result in unreasonable hardship on the mental health program; and

v. A description of how the fee would adversely affect the health, safety, welfare, or rights of any individual.

N.J. Admin. Code § 8:121-1.4

Adopted and Recodified from 10:190-1.4 53 N.J.R. 2008(a), effective 12/6/2021