N.J. Admin. Code § 8:33-2.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:33-2.2 - Determination of a health care facility or service

(a) It is incumbent upon all health care facilities and services to comply with the certificate of need requirements set forth in statute and rules promulgated pursuant thereto. If such automatic compliance is not forthcoming, the Commissioner, consistent with the "public policy of the State that access to health care services of the highest quality are of vital concern to the public health" (26:2H-1 ) and in accordance with the definitions of a health care facility and a health care service, as specified in 26:2H-2 and 26:2H-7, shall determine whether a proposed or existing system or modality of health care delivery constitutes a health care service or health care facility subject to certificate of need requirements. If so designated, such facility shall be subject to all of the provisions of the Health Care Facilities Planning Act (26:2H-1 et seq.) and rules promulgated pursuant thereto.

(b) Those factors which shall be considered relevant as to whether a facility meets the definition of a health care facility or service shall include:

1. The types of health care service and facilities, and changes thereto, which are required to obtain certificate of need approval by the provisions of this subchapter;

2. The type of health care service delivered or to be delivered, its impact on existing health care facilities and providers and its potential effect on the health care delivery system;

3. The degree of complexity in terms of medical technology, equipment, and the medical, paramedical and administrative staffing required to provide the health care service; and

4. Any other factors specific to the unique circumstances of an individual applicant.

(c) When a determination is made that a health care service/health care facility is deemed to require certificate of need review, the person(s) involved shall be so notified by the Commissioner. The Commissioner's decision shall be a final agency decision.

N.J. Admin. Code § 8:33-2.2

Amended by R.2002 d.243, effective 8/5/2002.
See: 34 New Jersey Register 458(a), 34 New Jersey Register 2814(a).
In (a), rewrote the second sentence; deleted (b) and recodified former (c) as (b), substituted "as to whether a facility meets the definition" for "to the determination" following "relevant", deleted former (c)3 and recodified former 4 as 3, deleted former 5 through 6 and recodified former 7 as 4; recodified former (d) as (c).