N.J. Admin. Code § 8:33-4.16

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

Section 8:33-4.16 - Conditions on approval/monitoring

(a) Conditions may be placed on certificate of need approval by the Commissioner if they relate to material presented in the application itself, are prescribed in State rules, relate to the criteria specified in 8:33-4.9 and 4.10 or promote the intent of the Health Care Facilities Planning Act, 26:2H-1 et seq., as amended. The State Health Planning Board shall not recommend the inclusion of conditions in a certificate of need approval which are not consistent with the provisions of this subchapter.

(b) Any conditions placed on a certificate of need approval shall become part of the licensure requirements of the approved facility. Failure to comply with conditions of approval may result in licensure action by the Department and may constitute an adequate basis for denying certificate of need applications by an applicant who is out of compliance with conditions on previous approvals. The applicant must contest any condition, if at all, within 30 days of receipt of notice. The applicant shall vacate his right to oppose said condition(s) if he fails to submit written notice that he contests any condition to the Department within this time. If the applicant contests a condition, the Commissioner shall suspend his or her approval of the certificate of need in order to consider the objection. Furthermore, the Commissioner has the right to nullify the approval of the certificate of need. The Commissioner may, at his or her discretion, consult with the State Health Planning Board to obtain its recommendation on the contested condition(s).

(c) When conditions are included in the Commissioner's approval letter, the applicant shall file a progress report on meeting such conditions with the Certificate of Need and Acute Care Licensure Program at least 12 months from the date of approval and annually for the first two years after project implementation and at any other time requested by the Department in writing. Failure to file such reports may be taken into consideration in the review of subsequent certificate of need applications, result in fines and penalties imposed through licensure action and/or result in the nullification of the unimplemented certificate of need.

(d) Where an applicant has failed to meet conditions of approval of previously approved certificates of need, it may form an adequate basis for the Department to bar the applicant from filing any subsequent certificate of need until the conditions in question are satisfied.

N.J. Admin. Code § 8:33-4.16

Amended by R.1993 d.442, effective 9/7/1993.
See: 25 New Jersey Register 2171(a), 25 New Jersey Register 4129(a).
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), deleted "and local advisory board" following "Planning Board"; in (c), rewrote the last sentence.