N.J. Admin. Code § 8:39-43.13

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

Section 8:39-43.13 - Denial or termination of a nurse aide in long-term care facilities training program

(a) The Department shall conduct unannounced site visits of a nurse aide in long-term care facilities training program.

(b) The Department may deny, suspend, or withdraw approval if it determines that a nurse aide training program fails to follow the application as submitted to, and approved by, the Department.

(c) Approval of a nurse aide training program offered by or in a facility that participates in the Medicare or Medicaid Programs shall be denied in accordance with 42 CFR 483.151(b).

(d) If the Department proposes to deny, suspend, or revoke approval of a nurse aide training and/or skills competency evaluation program, except where governed by the Federal requirements noted in (c) above, the facility or educational institution may, within 30 days, request a hearing which shall be conducted pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(e) Suspension or withdrawal of training program approval shall not affect currently enrolled students, who shall be permitted to complete the training program unless the Department determines that continuation of the program would jeopardize the health or safety of residents in any long-term care facility.

(f) If a nurse aide training program is discontinued for any reason, but the facility or educational institution continues to operate, the facility or educational institution shall be responsible for maintaining the records of students and graduates.

(g) If a nurse aide training program is discontinued for any reason and the facility or educational institution ceases to operate, the records of students and graduates shall be transferred to an agency acceptable to the Department. The Department shall be advised, in writing, of the arrangements made to safeguard the records.

(h) If a nurse aide training program is discontinued for any reason, the facility or educational institution shall:

1. Assist in the transfer of students to other approved nurse aide training programs;

2. Provide the Department with a list of the students who have transferred to another training program, and the dates on which the students were transferred; and

3. Notify the Department that the requirements for closing have been fulfilled and provide notice of final closing.

(i) If a facility or educational institution plans to voluntarily discontinue a nurse aide training program, the facility or educational institution shall:

1. Provide the Department with a written statement of the rationale and plan for the intended closing;

2. Continue the program until the class established for currently enrolled students has been completed; and

3. Notify the Department, in writing, of the closing date of the program at least 90 days prior to that date.

N.J. Admin. Code § 8:39-43.13

Amended by R.2007 d.83, effective 3/19/2007.
See: 38 N.J.R. 4141(a), 39 N.J.R. 924(a).
Added new (d); and recodified former (d) through (h) as (e) through (i).