N.J. Admin. Code § 8:39-2.4

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

Section 8:39-2.4 - Surveys and license

(a) A license shall be issued to the operator of a facility when all of the following conditions are met:

1. A completed licensure application and the appropriate fee have been submitted;

2. An office conference for review of the conditions for licensure and operation has taken place between the Long-Term Care Licensing and Certification Program and representatives of the facility;

3. The applicant has submitted the following documents to the Long-Term Care Licensing and Certification Program: a copy of the certificate of occupancy, and written approvals from the Health Care Plan Review Unit of the New Jersey Department of Community Affairs and the local health authority;

4. Written approvals of the water supply and sewage disposal system from local officials are on file with the Department for any water supply or sewage disposal system not connected to an approved municipal system; and

5. Survey(s) by representatives of the Department indicate that the facility meets the mandatory standards set forth in this chapter.

(b) No facility shall begin to operate without prior approval from the Long-Term Care Licensing and Certification Program of the Department.

(c) The facility shall accept no more than that number of residents for which it is approved and/or licensed.

(d) Survey visits shall be made to a facility at any time by authorized staff of the Department. Such visits shall include, but shall not be limited to, the review of all facility documents and resident records and conferences with residents.

(e) The license shall be granted for a period of one year, unless suspended or revoked, and shall be renewable annually on the original licensure date, or within 30 days thereafter, in accordance with the following:

1. The facility shall receive a request for renewal fee as provided in N.J.A.C. 8:39-2.2(b), along with an application for a healthcare facility license renewal, Appendix F, incorporated herein by reference, 30 days prior to the expiration of the license. A renewal license shall not be issued unless the licensure fee and the renewal application is received by the Department; and

2. The license shall not be renewed if local regulations, or any other requirements, which substantially affect the provision of services as required by this chapter, are not met.

(f) The license shall be conspicuously posted in the facility.

(g) The license shall not be assignable or transferable and shall be immediately void if the facility ceases to operate or if its ownership changes.

(h) Any facility which was closed or substantially ceased operation of any of its beds, facilities, services, or equipment for any consecutive two-year period shall be required to obtain a certificate of need in accordance with N.J.A.C. 8:33-3.2 before renewing its license to operate such beds, facilities, services, or equipment.

N.J. Admin. Code § 8:39-2.4

Amended by R.2007 d.83, effective 3/19/2007.
See: 38 N.J.R. 4141(a), 39 N.J.R. 924(a).
In (e)1, inserted "along with an application for a healthcare facility license renewal, Appendix F, incorporated herein by reference," and "and the renewal application".
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2199(a).