N.J. Admin. Code § 8:111-2.10

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:111-2.10 - Informal dispute resolution

(a) A facility may request an opportunity to discuss the accuracy of survey findings with representatives of the Department in the following circumstances during a survey:

1. During the course of a survey, to the extent such discussion does not interfere with the surveyor's ability to obtain full and objective information and to complete required survey tasks; or

2. During the exit interview or other summation of survey findings prior to the conclusion of the survey.

(b) Following completion of the survey, a facility may contact the Director of the Division to request an informal review of deficiencies cited. The request must be made in writing within 10 business days of the receipt of the written survey findings. The written request must include:

1. A specific listing of the deficiencies for which informal review is requested; and

2. Documentation in support of the facility's position.

(c) The review will be conducted within 20 business days of the request by staff of the Department who did not directly participate in the survey. The review can be conducted in-person at the offices of the Department, by teleconference, or, by mutual agreement, solely by review of the documentation as submitted.

(d) A decision will be issued by the Department within 20 business days of the conference or the review. If the determination is to affirm the facility's elements of the dispute, it will result in removal of the deficiency from the report. When a Department decision does not affirm the facility's elements of the dispute, a written plan of correction must be submitted within 10 business days of notification of the decision. The facility retains all other rights to appeal deficiencies and enforcement actions taken pursuant to this chapter.

N.J. Admin. Code § 8:111-2.10

Amended and recodified from 10:161A-2.10 53 N.J.R. 2208(a), effective 12/20/2021