N.J. Admin. Code § 8:111-2.17

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

Section 8:111-2.17 - Enforcement actions

(a) The Commissioner may assess a penalty for violation of licensure rules according to the following standards:

1. For operation of a substance use disorders treatment facility without a license, or continued operation of a facility after suspension or revocation of a license, $ 25.00 per day for a first occurrence and $ 50.00 for any subsequent occurrence, from the date of initiation of services;

2. For a violation of an order for curtailment of admissions, the Division shall construe the order for curtailment of admissions as an order of revocation and shall impose penalties consistent with (a)1 above;

3. Failure to obtain prior approval from the Division for occupancy of a new or renovated area, or initiation of a new or enhanced service, shall be considered operation of a facility without a license and the Division shall impose penalties consistent with (a)1 above;

4. Construction or renovation of a facility without the New Jersey Department of Community Affairs' approval of construction plans shall be considered operation of an unlicensed facility and the Division shall impose penalties consistent with (a)1 above, until the newly constructed or renovated facility is determined by the Division to be in compliance with licensure standards. This determination shall take into account any waivers granted by the Division; and

5. Operation of a licensed facility following the transfer of ownership of a substance use disorders treatment facility without prior approval of the Division shall be considered operation of an unlicensed facility and the Division shall impose penalties consistent with (a)1 above. Such penalties may be assessed against each of the parties at interest.

(b) The Commissioner may take the following additional enforcement actions:

1. For violations of licensure rules related to client care or physical plant standards that represent a risk to the health, safety, or welfare of clients of a facility or the general public, the Division shall reduce the facility's license to provisional status pursuant to N.J.A.C. 8:111-2.20(a) to allow the facility to correct all rule violations;

2. If there are multiple deficiencies related to client care or physical plant standards throughout a facility and/or such violations represent a direct risk that a client's physical or mental health will be compromised or where an actual violation of a client's rights is found, the Division shall begin the process to suspend or revoke the license and may seek an injunction pursuant to N.J.S.A. 26:2G-29 and 30:1-12. Any further operation of the facility shall be construed as operation of an unlicensed facility and the Division shall impose fines consistent with (a)1 above;

3. For repeated violations of any licensing rule within a 12-month period or on successive annual inspections, or failure to implement an approved plan of correction, where such violation was not the subject of a previous penalty assessment, the Division may, at its discretion, reduce the license to provisional status, or move to suspend or revoke the license. In doing so, the following factors will be considered:

i. The number, frequency and/or severity of the violation(s);

ii. The location of the facility;

iii. Any special population served by the facility;

iv. The facility's utilization of capacity;

v. The compliance history of the facility;

vi. The deterrent effect of the penalty;

vii. Measures taken by the facility to mitigate the effects of the current violation or to prevent future violations; and/or

viii. Other relevant specific circumstances of the facility or violation;

4. For violations resulting in either actual harm to a client, or in an immediate and serious risk of harm, the Division shall reduce the license to provisional status or move to suspend or revoke the license and may seek an injunction pursuant to N.J.S.A. 26:2G-29 and 30:1-12; and

5. For failure to report information to the Division as required by statute or licensing rule, after reasonable notice and an opportunity to cure the violation, the facility shall be subject to a fine of not more than $ 500.00 pursuant to N.J.S.A. 26:2B-14.

(c) Except for violations deemed to be immediate and serious threats, the Division may decrease the penalty assessed, in accordance with (a)1 above, based on the following factors:

1. The number, frequency and/or severity of violations by the facility;

2. The location of the facility;

3. Any special population served by the facility;

4. The facility's utilization of capacity;

5. The compliance history of the facility;

6. The deterrent effect of the penalty;

7. Measures taken by the facility to mitigate the effects of the current violation or to prevent future violations; and/or

8. Other relevant specific circumstances of the facility or violation.

(d) In addition to the imposition of penalties, in accordance with (a)1 above, the Division may also curtail admissions consistent with N.J.A.C. 8:111-2.19.

N.J. Admin. Code § 8:111-2.17

Amended and recodified from 10:161A-2.17 53 N.J.R. 2208(a), effective 12/20/2021