N.J. Admin. Code § 8:37-2.5

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

Section 8:37-2.5 - Waiver of licensing standards

(a) Pursuant to N.J.S.A. 26:2H-153, the Commissioner or his or her designee may, in accordance with the general purposes and intent of this chapter, waive sections of the rules if, in his or her opinion, such waiver would not endanger the life, safety, or health of residents or the public and the failure to grant the waiver would pose a serious financial hardship to the licensee.

(b) A licensee seeking a waiver of a rule in this chapter shall apply in writing to the Director of the Certificate of Need and Healthcare Facility Licensure Program on Form CN-28, Application for Waiver, which is incorporated herein by reference as N.J.A.C. 8:37 Appendix A, and is also available on the Department's website at http://web.doh.state.nj.us/apps2/forms/subforms.aspx?pro=healthfacilities#need-care.

(c) A written request for waiver shall include the following:

1. A citation to the specific rule or part of the rule for which a waiver is requested;

2. Reasons for requesting a waiver, including a statement of the type and degree of hardship that would result to the licensee upon full compliance;

3. An alternative proposal, which would ensure resident safety;

4. Documentation to support the application for waiver;

5. Whether the project is currently under review by the Department of Community Affairs, Health Care Plan Review; and

6. Whether the waiver request is based on plan review comments by the Department of Community Affairs.

(d) The Department may request additional information before processing a request for waiver.

(e) The Department's decision to deny a waiver is a final agency decision, of which jurisdiction and venue for judicial review are vested in the New Jersey Superior Court, Appellate Division.

N.J. Admin. Code § 8:37-2.5

Adopted by 49 N.J.R. 461(a), effective 2/7/2017

Amended by 49 N.J.R. 3981(a), effective 12/18/2017