N.J. Admin. Code § 8:37-2.1

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

Section 8:37-2.1 - Application for licensure

(a) No person shall operate a dementia care home, or offer, advertise, or hold out a facility as a dementia care home, or hold out a building as available for occupancy by dementia care home residents without a valid license issued by the Department.

(b) Any person, organization, or corporation desiring to operate a dementia care home shall make application to the Commissioner for a license on Form CN-7, Application for a New or Amended Acute Care Facility License, which is incorporated herein by reference as N.J.A.C. 8:37 Appendix B and is also available on the Department's website at: http://www.nj.gov/health/forms/cn-7.pdf.

(c) The Department shall charge a nonrefundable fee of $ 1,500 plus $ 15.00 per bed for the filing of an initial application for licensure as a dementia care home and for each annual renewal thereof. These fees shall not exceed the maximum caps as set forth at N.J.S.A. 26:2H-12.

(d) The Department shall charge a nonrefundable fee of $ 750.00 for the filing of an application to add bed- or non-bed-related services to an existing dementia care home license.

(e) The Department shall charge a nonrefundable fee of $ 375.00 for the filing of an application to reduce bed- or non-bed-related services at an existing dementia care home.

(f) The Department shall charge a nonrefundable fee of $ 375.00 for the filing of an application for the relocation of a dementia care home.

(g) The Department shall charge a nonrefundable fee of $ 1,500 for the filing of an application for the transfer of ownership of a dementia care home.

(h) Approval of an application shall be contingent upon the applicant demonstrating capacity to operate a dementia care home in accordance with this chapter. The demonstration of the capacity to operate a dementia care home shall include:

1. An acceptable track record review of past and current compliance with State licensure requirements and applicable Federal requirements, in accordance with N.J.A.C. 8:43E-5.1(b) or (c), as applicable;

2. Establishment that the premises, equipment, personnel, including principals and management, finances, rules and bylaws, and standards of health care are fit and adequate and that there is reasonable assurance that the dementia care home will be operated in accordance with the standards required by this chapter; and

3. An applicant's prior history in safely, properly, and effectively operating a dementia care home either in New Jersey or in other states.

(i) When determining whether an applicant is capable of operating a dementia care home, the Department shall consider any evidence of licensure violations representing serious risk of harm to residents, any evidence of an applicant's violation of any State licensing or Federal standards in connection with an inappropriate discharge or denial of admission of a resident or patient, and an applicant's record of criminal convictions involving fraud, patient or resident abuse or neglect, a crime of violence, a crime of moral turpitude, or any other crime that presents a risk of harm to the safety or welfare of residents.

1. Evidence of the violations and/or crimes listed in (i) above may be cause for the Department to deny the application.

2. The Department shall consider all applicants with a criminal history record pursuant to the requirements of the Rehabilitated Convicted Offenders Act, N.J.S.A. 2A:168A-1 et seq.

(j) An applicant, for purposes of this section, includes any person who was or is an owner or principal of a licensed health care facility, or who has managed, operated, or owned in whole, or in part, any health care facility, excluding individuals or entities who are limited partners with no managerial control or authority over the operation of the facility and who have an ownership interest of 10 percent or less in a corporation that is the applicant and who also do not serve as officers or directors of the applicant corporation;

(k) Each dementia care home shall be assessed an inspection fee of $ 750.00. This fee shall be assessed in the year the dementia care home will be inspected, along with the annual licensure fee for that year.

1. The inspection fee shall be added to the initial licensure fee for new dementia care homes.

2. This fee shall be imposed biennially, that is, every other year, even if inspections occur more frequently.

3. Failure to pay the inspection fee shall result in non-renewal of the license for existing dementia care homes and the refusal to issue an initial license for new dementia care homes.

(l) If an application is denied, the applicant may challenge the denial by requesting a hearing within 30 days of the date of the denial.

1. The requested hearing shall be held in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(m) The license shall be conspicuously posted in the facility.

(n) The license is not assignable or transferable and it shall be immediately void if the facility ceases to operate or if its ownership changes.

(o) The license, unless sooner suspended or revoked, shall be renewed annually on the original licensure date, or within 30 days thereafter, but dated as of the original licensure date.

1. The facility will receive a request for a renewal fee 30 days prior to the expiration of the license.

2. A renewal license shall not be issued unless the licensure fee is received by the Department.

N.J. Admin. Code § 8:37-2.1

Adopted by 49 N.J.R. 461(a), effective 2/7/2017

Adopted by 49 N.J.R. 3981(a), effective 12/18/2017