N.J. Admin. Code § 8:33-1.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:33-1.2 - General statements of public policy and rules of general application

(a) It is the public policy of the State that access to health care services of the highest quality are of vital concern to the public health. Recognizing the significant changes in the economics of the health care system since the inception of the certificate of need program, decisions as to most health care services, acquisition of medical technology, and expansion of facilities can best be made by the health care provider. The appropriate role of the State with respect to services no longer subject to certificate of need is that of licensure of facilities and services to ensure the quality of care. For reasons of maintaining the quality of certain health care services, a limitation of the proliferation of such services may continue to be essential to protect the viability of the services as well as the providers now rendering them, to protect the role of such institutions as urban hospitals, whose importance to the Statewide health care system is indisputable, and to guard against the closing of important facilities and the transfer of services from facilities in a manner which is harmful to the public interest. Pursuant to 26:2H-1, to protect and promote the health of the inhabitants of the State, the Department shall have the central, comprehensive responsibility for the development and administration of the State's policy with respect to health planning for all such health care facilities and services. Based on the particular needs of the State, this plan may include limiting the proliferation of certain health care services to preserve the viability of existing providers and urban hospitals, which play a vital role in the Statewide health care delivery system. The Department also must guard against the closing of important institutions and the transfer of services from facilities in a manner that is harmful to the public interest. All such health care facilities and services shall be subject to the provisions established herein.

(b) The Commissioner, to implement the provisions and purposes stated above, shall have the power to inquire into the accessibility to and availability of health care services and the operation of health care facilities and to conduct periodic inspections of such facilities with respect to the fitness and adequacy of the premises, equipment, personnel, rules and bylaws and the adequacy of financial resources and resources of future revenues.

(c) No certificates of need shall be issued unless the action proposed in the application for such certificate is necessary to provide required health care in the area(s) to be served, can be financially accomplished and maintained, licensed in accordance with applicable licensure regulations, will not have an adverse economic or financial impact on the delivery of or access to health care services in the region or Statewide, and will contribute to the orderly development of adequate and effective health care services. In making such determinations there shall be taken into consideration the availability of facilities or services which serve as alternatives or substitutes, the need for special equipment and services in the area, the adequacy of financial resources and sources of present and future revenues, the availability of sufficient human resources in the several professional disciplines, the accessibility to and availability of health care services to low income persons, and such other factors as may be established by regulation. In the case of an application by a health care facility established or operated by any recognized religious body or denomination, the needs of the members of such religious body or denomination for care and treatment in accordance with their religious or ethical convictions may be considered to be public need.

(d) Certificate of need applications shall be reviewed for conformance with the rules in effect on the date the application is accepted for processing or deemed complete for processing, as applicable.

(e) Recommendations concerning certificates of need shall be governed and based upon the principles and considerations set forth in these rules, as well as applicable State laws and rules.

(f) Certificates of need shall be issued by the Commissioner based upon criteria and standards promulgated by the Commissioner and approved by the Health Care Administration Board. (See N.J.A.C. 8:33 and the applicable chapter for specific services.) If any application is denied, the applicant may request a hearing pursuant to the Administrative Procedure Act, P.L. 1968, c.410 (52:14B-1 et seq. and 52:14F-1 et seq.), and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 in accordance with 26:2H-9. Requests for a hearing shall be made to the Department within 30 days of receipt of notification of the Commissioner's action. The Department shall arrange for a hearing within 60 days of receipt of a request, and after such hearing the Commissioner or his or her designee shall furnish the applicant with the hearing examiner's written recommendations and reasons therefor. The Commissioner, within 30 days of receiving all appropriate hearing records, shall make his or her determination, which shall be a final agency decision.

(g) Projects involving building construction or renovations require submission of architectural plans to the Department of Community Affairs for approval prior to initiating building construction or renovations, in accordance with this chapter and the Department's licensing rules, regardless of whether the project requires a certificate of need or is exempt from the certificate of need requirement. At project completion, written notification and a copy of the certificate of occupancy shall be submitted to the Department of Community Affairs for final approval of the project.

(h) Written notification or application for a license, as applicable, shall be submitted to the Department's Office of Certificate of Need and Healthcare Facility Licensure prior to the planned use of the beds, services or facility, in accordance with this chapter and the Department's licensing rules.

(i) Application for a license on forms prescribed by the Department shall be filed with the Office of Certificate of Need and Healthcare Facility Licensure for approval prior to any transfer of ownership of beds, service or facility, in accordance with this chapter and the Department's licensing rules.

(j) No health care facility shall be operated unless it shall possess a valid license issued by the Department pursuant to 26:2H-1 et seq. The establishment of a new health care facility, the expansion of beds and services, and renovations or additions to health care facilities require approval from the Department's Office of Certificate of Need and Healthcare Facility Licensure prior to operation/occupancy of the beds, services or areas.

N.J. Admin. Code § 8:33-1.2

Amended by R.2002 d.243, effective 8/5/2002.
See: 34 N.J.R. 458(a), 34 N.J.R. 2814(a).
Rewrote the section.
Amended by R.2008 d.23, effective 1/22/2008.
See: 39 N.J.R. 2709(a), 40 N.J.R. 620(b).
In (h), (i) and (j), substituted "Office of Certificate of Need and Healthcare Facility Licensure" for "Certificate of Need and Acute Care Licensure Program or Long Term Care Licensing and Certification Program, as applicable,".