N.J. Admin. Code § 8:111-2.20

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

Section 8:111-2.20 - Provisional license

(a) The Division may place a substance use disorders treatment facility on provisional license status when the following circumstances apply:

1. Upon issuance of a Notice of Revocation of a License or a Notice of Suspension of a License, pursuant to N.J.A.C. 8:111-2.18 or 2.19, for a period extending through final adjudication of the action;

2. Upon issuance of an order for curtailment of admissions pursuant to N.J.A.C. 8:111-2.16, until the Division finds the facility has achieved substantial compliance with all applicable licensing rules;

3. For violations of licensing rules that have been determined to pose a threat to the safety of clients of a substance use disorders treatment facility; or

4. Upon a recommendation to the Federal government and/or the New Jersey Division of Medical Assistance and Health Services, for the termination of a provider agreement for failure to meet the Federal certification rules.

(b) The Division shall notify a facility when it places the facility on provisional license status, in accordance with the notice requirements set forth at N.J.A.C. 8:111-2.15. Provisional license status is effective upon receipt of the notice, although the facility may request a hearing to contest provisional license status in accordance with N.J.A.C. 8:111-2.22. If a facility chooses to contest provisional license status by requesting a hearing in accordance with this section and N.J.A.C. 8:111-2.24, provisional license status remains effective at least until the final decision or adjudication (as applicable) of the matter, or beyond in instances where the action placing the facility on provisional license status is upheld, in accordance with this section. In addition, provisional license status remains effective in cases where the underlying violations that caused the issuance of provisional licensure status are the subject of an appeal and/or litigation, as applicable, in accordance with this section.

(c) While a facility is on provisional license status, the following shall occur:

1. The Division shall not authorize or review any application for approval of additional beds or services filed by the facility with the Division;

2. The Division shall notify any government agency that provides funding or third-party reimbursement to the facility or that has statutory responsibility for monitoring the quality of care rendered to clients that the facility's license has been deemed provisional and the reasons therefor. Upon resolution favorable to the facility, the Department shall notify the same government agencies and third parties; and

3. The facility shall be subject to announced or unannounced monitoring visits and/or survey.

(d) While on provisional license status, the Department may place specific conditions on the facility's continued operation, including that the facility seek qualified professional and/or clinical assistance to bring itself into compliance with this chapter.

(e) A facility placed on provisional license status shall at all times post the provisional license in a conspicuous location within the facility.

N.J. Admin. Code § 8:111-2.20

Amended and recodified from 10:161A-2.20 53 N.J.R. 2208(a), effective 12/20/2021