N.J. Admin. Code § 8:43A-2.2
Current through Register Vol. 56, No. 9, May 6, 2024
Section 8:43A-2.2 - Application for licensure(a) Any person, organization, or corporation desiring to operate an ambulatory care facility shall make application to the Commissioner for a license on forms prescribed by the Department, which are available from the Certificate of Need and Healthcare Facility Licensure Program.(b) The Department shall charge separate nonrefundable fees for the filing of an application for licensure and each licensure renewal of an ambulatory care facility in accordance with the following schedule: | Service | Application | Renewal |
| 1. | Chronic dialysis | $ 4,000 | $ 4,000 |
| 2. | Ambulatory surgery | $ 4,000 | $ 4,000 |
| 3. | Magnetic resonance imaging | $ 4,000 | $ 4,000 |
| 4. | Computerized axial tomography | $ 4,000 | $ 4,000 |
| 5. | Family planning (principal) | $ 1,200 | $ 200 |
| 6. | Family planning (satellite) | $ 600 | $ 100 |
| 7. | Abortion | $ 1,750 | $ 750 |
| 8. | Birth center | $ 1,750 | $ 750 |
| 9. | Extracorporeal shock wave lithotripsy | $ 4,000 | $ 4,000 |
| 10. | Comprehensive outpatient rehabilitation | $ 1,750 | $ 750 |
| 11. | Drug abuse treatment | $ 1,750 | $ 750 |
| 12. | Primary care (principal) | $ 1,750 | $ 750 |
| 13. | Primary care (satellite) | $ 875 | $ 375 |
| 14. | Megavoltage radiation oncology | $ 4,000 | $ 4,000 |
| 15. | Orthotripsy | $ 4,000 | $ 4,000 |
| 16. | Positron emission tomography | $ 4,000 | $ 4,000 |
| 17. | Sleep center | $ 4,000 | $ 4,000 |
| 18. | PACE organization | $ 1,750 | $ 750 |
(c) The total application fee shall be calculated by adding together the individual fees, as set forth in (b) above, for each service sought to be included on the facility's license. The total application fee shall not exceed the maximum cap set forth at N.J.S.A. 26:2H-12, as may be amended from time to time.(d) The total annual renewal fee shall be calculated by adding together the individual fees, as set forth in (b) above, for each service included on the facility's license. The total annual renewal fee shall not exceed the maximum cap set forth at N.J.S.A. 26:2H-12, as may be amended from time to time.(e) In the event that an ambulatory care facility is at any time approved by the Commissioner to provide a service other than those specifically listed in this section, the application and license renewal fees for such service shall be $ 3,500 and $ 2,500, respectively, unless the Commissioner, by regulation, specifically designates some other fee(s).(f) Only those ambulatory care facilities which provide family planning or primary care services shall be eligible to file an application for licensure of a satellite facility. 1. Each satellite facility shall be separately licensed.2. A satellite facility shall be licensed to provide only family planning and/or primary care services.(g) The Department shall charge a nonrefundable fee for the filing of an application to add services to an existing ambulatory care or satellite facility. The application fee for each service to be added shall correspond with the fee for that service as set forth in (b) above. The total application fee for the addition of services shall not exceed the maximum cap set forth at N.J.S.A. 26:2H-12, as may be amended from time to time.(h) The Department shall charge a nonrefundable fee of $ 375.00 for the filing of an application to reduce services at an existing ambulatory care or satellite facility.(i) The Department shall charge a nonrefundable fee of $ 1,500 for the filing of an application for the transfer of ownership of an ambulatory care or satellite facility.(j) The Department shall charge a nonrefundable fee of $ 375.00 for the filing of an application for the relocation of an ambulatory care or satellite facility.(k) Each applicant for a license to operate a facility shall complete all information requested on the licensure application and may request that the Certificate of Need and Healthcare Facility Licensure Program schedule an appointment to conduct a functional review of the application to review the conditions for licensure and operation, which request the Program shall grant.(l) All applicants for licensure under this chapter must demonstrate that they have the capacity to operate an ambulatory care facility in accordance with the rules of this chapter. An application for a license may be denied if the applicant cannot demonstrate 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 health care facility will be operated in accordance with the standards required by these rules. The Department shall consider an applicant's prior history in operating a health care facility either in New Jersey or in other states in making this determination for all facilities eligible for licensure under this chapter. Any evidence of licensure violations representing a serious risk of harm to patients shall be considered by the Department, as well as any record of criminal convictions representing a risk of harm to the safety and welfare of patients pursuant to the enforcement provisions as set forth at N.J.A.C. 8:43E-5.1.(m) Each ambulatory care facility shall be assessed a biennial inspection fee in accordance with the schedule set forth in the table below.1. This fee shall be assessed in the year the facility will be inspected, along with the annual licensure fee for that year.2. The fee shall be added to the initial licensure fee for new facilities.3. Failure to pay the inspection fee shall result in nonrenewal of the license for existing facilities and the refusal to issue an initial license for new facilities.4. This fee shall be imposed only every other year even if inspections occur more frequently and only for the inspection required to either issue an initial license or to renew an existing license.5. This fee shall not be imposed for any other type of inspection. | Service | Inspection Fee |
| 1. Chronic dialysis | $2,000 |
| 2. Ambulatory surgery | $2,000 |
| 3. Magnetic resonance imaging | $2,000 |
| 4. Computerized axial tomography | $2,000 |
| 5. Family planning (principal) | $200 |
| 6. Family planning (satellite) | $200 |
| 7. Abortion | $1,000 |
| 8. Birth center | $200.00 |
| 9. Extracorporeal shock wave lithotripsy | $2,000 |
| 10. Comprehensive outpatient rehabilitation | $1,000 |
| 11. Drug abuse treatment (outpatient) | $300 |
| 12. Primary care (principal) | $200 |
| 13. Primary care (satellite) | $200 |
| 14. Megavoltage radiation oncology | $2,000 |
| 15. Orthotripsy | $2,000 |
| 16. Positron emission tomography | $2,000 |
| 17. Sleep center | $1,000 |
| 18. PACE Organization | $200 |
| 19. Other | $1,000 |
N.J. Admin. Code § 8:43A-2.2
Amended by R.2004 d.160, effective 4/19/2004.
See: 35 N.J.R. 4838(a), 36 N.J.R. 1962(a).
In (b), rewrote the table; in (e), (h), (i) and (j), increased fees; in (l), substituted "In accordance with N.J.A.C. 8:33-4.10(d)1 through 11, all" for "All"; in (m), rewrote the table.
Amended by R.2005 d.278, effective 9/6/2005.
See: 37 N.J.R. 699(a), 37 N.J.R. 3348(a).
In (a), added "the Department's website address ... or from" following "forms may be obtained from", and changed mailing address; rewrote (l).
Amended by R.2007 d.106, effective 4/16/2007.
See: 38 N.J.R. 4154(a), 39 N.J.R. 1480(a).
In (b), added table entry 18; and in (m), inserted designations 1 through 5, added new table entry 18, and recodified former entry 18 as 19.
Amended by R.2008 d.24, effective 1/22/2008.
See: 39 N.J.R. 2309(a), 40 N.J.R. 702(a).
Rewrote (a) and (k).
Amended by R.2021 d.039, effective 5/3/2021.
See: 51 N.J.R. 1316(a), 53 N.J.R. 703(a).
In (a) and (k), deleted "Office of" preceding "Certificate" and inserted "Program" following "Licensure"; and in (k), inserted "that", deleted "to" preceding "schedule", and substituted the second occurrence of "Program" for "Office".
Notice of readoption with technical change, effective 1/3/2022.
See: 54 N.J.R. 60(a).