N.J. Admin. Code § 8:43F-2.12

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

Section 8:43F-2.12 - Transfer of ownership

(a) Any proposed change in ownership shall be reported to the Director of the Office of Certificate of Need and Healthcare Facility Licensure of the Department in writing at least 30 days prior to the change.

(b) Prior to transferring ownership of a facility, the prospective new owner shall submit an application to the Office of Certificate of Need and Healthcare Facility Licensure. The application shall include the following information:

1. A cover letter stating the applicant's intent to purchase the facility, and identification of the facility by name, address, county, and licensed participant capacity (number of licensed slots);

2. A description of the proposed transaction, including identification of the current owners of the facility; identification of 100 percent of the proposed new owners, including the names and addresses of all principals (that is, individuals and/or entities with a 10 percent or more interest); and, if applicable, a copy of an organizational chart, including parent corporations and wholly owned subsidiaries;

3. A copy of the agreement of sale and, if applicable, a copy of any lease and/or management agreement; and

4. Disclosure of any licensed health care facilities owned, operated, or managed by the proposed owner or any of the principals, in New Jersey or any other state. If facilities are owned, operated, or managed in other states, letters from the state health departments or regulatory agencies in each respective state, verifying that the facilities have operated in substantial compliance during the last 12-month period and have had no enforcement actions imposed during that period of time, must be included in the application.

(c) The review of an application for a transfer of ownership shall include an evaluation of the applicant's track record, in accordance with N.J.A.C. 8:33-4.10 and 8:43E-5.1, and clearance from the Department's Criminal Background Investigation Unit.

(d) When a transfer of ownership application has been reviewed and deemed acceptable, an approval letter from the Office of Certificate of Need and Healthcare Facility Licensure shall be sent to the applicant along with licensure application forms.

(e) After the transaction has been completed, the applicant shall submit the following documents to the Office of Certificate of Need and Healthcare Facility Licensure:

1. Completed licensure application forms and the annual licensure fee;

2. A notarized letter stating the date on which the transaction occurred; and

3. A copy of a certificate of continuing occupancy from the local township, or a letter from the township verifying a policy of not issuing any such document for changes of ownership.

(f) A license shall not be issued to the new owner until the applicant has submitted the items under (e)1 through 3 above.

(g) For Medicaid Provider Enrollment, the new owner shall contact Unisys for an application for Medicaid participation at (609) 588-6036 or access the application on the Internet at www.njmmis.com.

N.J. Admin. Code § 8:43F-2.12

Amended by R.2009 d.345, effective 11/16/2009 (operative April 1, 2010).
See: 40 N.J.R. 6266(a), 41 N.J.R. 4212(a).
In (a), the introductory paragraph of (b), and (e), substituted "Office of Certificate of Need and Healthcare Facility Licensure" for "Long Term Care Licensing and Certification Program"; and in (d), substituted "Office of Certificate of Need and Healthcare Facility Licensure" for "Long Term Care Licensing Program".
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2204(a).