N.J. Admin. Code § 8:33-3.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:33-3.2 - Termination/discontinuance of service or facility and/or reduction of licensed bed capacity

(a) Any health care facility which has closed or substantially ceased operation of any of its beds, facilities or services which require a certificate of need to be initiated, for any consecutive two-year period, shall be required to obtain a certificate of need before reopening such beds, facilities or services.

(b) Voluntary closure of a facility or discontinuance of all of its services does not require a certificate of need, except that the closure of a general hospital requires a certificate of need and shall follow the full review process. Applications for the closure of a general hospital shall be accepted on the first business day of any month. Where a certificate of need is not required pursuant to this section, written notification shall be filed with the Department's Office of Certificate of Need and Healthcare Facility Licensure, 30 days prior to the proposed closure of a facility or discontinuance of all of its services. Full compliance with all applicable Department requirements contained in this chapter and in service-specific chapters for closure/discontinuance shall be required.

(c) Discontinuance of a component service of a health care facility or satellite emergency department shall not require a certificate of need where the discontinuance will not result in problems of access to populations historically served and is not a service, which is required to be a component of an inpatient health care facility. In these instances, the licensed entity shall notify the Department's Office of Certificate of Need and Healthcare Facility Licensure in writing 60 days prior to discontinuance of the service. Such notice shall include a rationale of why the licensed entity anticipates that discontinuance will not result in problems of access, including access to women's reproductive health services, where contextually applicable. The Department will notify the provider whether the proposed discontinuance requires a certificate of need. If a certificate of need is required, the certificate of need application shall follow the expedited review process set forth at 8:33-4.1(c). The provider shall not discontinue the service until the Department provides notice that no certificate of need is required or that a certificate of need is approved, as applicable.

N.J. Admin. Code § 8:33-3.2

Amended by R.1993 d.442, effective 9/7/1993.
See: 25 N.J.R. 2171(a), 25 N.J.R. 4129(a).
Amended by R.1996 d.101, effective 2/20/1996.
See: 27 N.J.R. 4179(a), 28 N.J.R. 1228(a).
Amended by R.2002 d.243, effective 8/5/2002.
See: 34 N.J.R. 458(a), 34 N.J.R. 2814(a).
Rewrote the section.
Amended by R.2008 d.23, effective 1/22/2008.
See: 39 N.J.R. 2709(a), 40 N.J.R. 620(b).
In (b) and (c), substituted "Office of Certificate of Need and Healthcare Facility Licensure" for "Certificate of Need and Acute Care Licensure Program".