N.J. Admin. Code § 8:42C-3.1

Current through Register Vol. 56, No. 17, September 3, 2024

Section 8:42C-3.1 - Compliance with rules and laws

(a) The hospice shall comply with the rules of the United States Department of Health and Human Services at 42 CFR Part 418 , incorporated herein by reference.

(b) In addition to a patient's private residence, hospice care may also be offered in the following types of licensed facilities, subject to the rules governing these facilities: assisted living residences, residential health care facilities, nursing homes, comprehensive personal care homes, or general or special hospitals, as well as facilities not subject to Department licensure but governed by other state, county or local agencies.

(c) The hospice shall provide palliative services to patients. This shall include, but not be limited to, nursing, homemaker-home health aide, social work and counseling services. Nursing services shall be available 24 hours a day, seven days a week.

(d) In order to be licensed to operate in this State, a hospice care program shall be certified for participation in the Federal Medicare program, in accordance with 42 U.S.C. §§ 1395. et seq. In order to permit time for a new hospice provider to meet the Medicare requirement that it provide services for a number of qualified patients prior to certification, the license to operate shall be revoked if Medicare certification is not obtained within 180 days of licensure issuance.

(e) The hospice shall routinely provide nursing services through its own staff.

1. Nursing services provided under contract shall be rendered only if:

i. All available full and part-time employees have achieved maximum caseloads, or specialized care which is unavailable through existing staff can be provided under contract;

ii. Contracted nursing personnel are oriented to the policies and procedures of the facility and receive supervision from supervisor staff employed by the facility; and

iii. Provisions are made for continuity of patient care by the same contracted nursing personnel whenever possible.

2. Notwithstanding (e)1 above, the hospice may use contracted staff, if necessary, to supplement hospice employees in order to meet the needs of patients under extraordinary or other non-routine circumstances, such as, but not limited to:

i. Unanticipated periods of high patient loads;

ii. Staffing shortages due to illness, or other short term temporary events; or

iii. Temporary travel of a patient outside the hospice's service area.

3. Notwithstanding (e)1i above, the hospice may enter into a written arrangement with another Medicare certified hospice program for the provision of core services to supplement hospice employee or staff to meet the needs of patients in circumstances, such as, but not limited to:

i. Unanticipated periods of high patient loads;

ii. Staffing shortages due to illness or other short-term temporary situations that threaten to interrupt patient care; or

iii. Temporary travel of a patient outside of the hospice's service area.

(f) A hospice shall have available at all times to all nursing personnel a written organizational chart and written plan that delineates lines of authority, accountability, and communication.

(g) The hospice shall make available other services such as physician services, physical therapy, occupational therapy, and speech-language pathology, as needed, either directly or through written agreement. Medical social services, and counseling (dietary and bereavement) shall be provided directly by hospice employees except under the circumstances noted in (e)1 above.

(h) The hospice shall adhere to applicable Federal, State, and local rules, regulations, and requirements.

(i) The hospice shall adhere to all applicable provisions of N.J.S.A. 26:2H-1 et seq., and amendments thereto.

(j) A hospice providing services at multiple locations shall operate in compliance with the hospice provider certification standards of the United States Department of Health and Human Services at 42 CFR Part 418 , Subpart D, incorporated herein by reference.

N.J. Admin. Code § 8:42C-3.1

Amended by R.2010 d.106, effective 6/21/2010.
See: 42 N.J.R. 25(a), 42 N.J.R. 1192(b).
Recodified the former last sentence of (e) as new (e)1; recodified former (e)1 through (e)3 as (e)1i through (e)1iii; added new (e)2 and (e)3; and in (j), deleted "Section 2081 of" preceding "42 CFR" and substituted "D" for "C".
Amended by R.2021 d.040, effective 5/3/2021.
See: 51 N.J.R. 1312(a), 53 N.J.R. 700(b).
In (j), substituted "hospice provider certification standards" for "rules" and "Services" for "Service", and deleted "hospice provider certification specified" preceding "at".