N.J. Admin. Code § 8:42C-2.5

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

Section 8:42C-2.5 - Licensure

(a) A license shall be issued if surveys by the Department have determined that the hospice is being operated as required by N.J.S.A. 26:2H-1 et seq. and amendments thereto, and by the rules in this chapter.

(b) At the request of the applicant, an office conference for review of the conditions for licensure and operation may take place between the Certificate of Need and Healthcare Facility Licensure Program and the applicant, who shall be advised that the purpose of the license is to allow the Department to determine whether the applicant complies with N.J.S.A. 26:2H-1 et seq., 26:2H-79 through 80 specifically, and any relevant rules promulgated pursuant thereto, including this chapter.

(c) When the written application for licensure is submitted and the building is ready for occupancy and/or use, a survey of the facility by representatives of the Department shall be conducted to determine if the facility complies with the pertinent licensure rules.

(d) Survey visits may be made to a hospice any time, or to a patient's home with the patient's consent, by authorized staff of the Department. Such visits may include, but not be limited to, a review of all facility documents and patient records, and conferences with patients and/or their families.

(e) Surveys shall be conducted, deficiencies reported, disputes resolved, and plans of correction submitted in accordance with N.J.A.C. 8:43E-2.

(f) A license shall be issued to a hospice for a period of one year when the following conditions are met:

1. Written approvals are on file with the Department from the local zoning, fire, health, and building authorities, or a certificate of occupancy or a certificate of continued occupancy has been issued by the local municipality; and

2. Survey(s) by representatives of the Department indicate that the hospice complies with the pertinent licensure rules.

(g) The license shall be conspicuously posted at the hospice.

(h) No hospice shall accept patients until the facility has the written approval and/or license issued by the Department.

(i) A license is not assignable or transferable, and it shall be immediately void if the hospice ceases to operate, if the hospice ownership changes, if the hospice is relocated to a different site, or if a part of the hospice ceases to operate.

1. If the hospice, or a part thereof, ceases to operate, the licensee may request that the Department maintain the license for a period of up to 24 months.

i. The licensee shall make such a request at least 60 days prior to ceasing operations, and such request shall include the rationale for requesting the extension and the length of the requested extension.

ii. The Department shall maintain the license if the circumstances indicate that the licensee will again operate the hospice, or part thereof, before the requested extension elapses, based on the specific circumstances of the case.

iii. To maintain the license, the licensee shall return a completed renewal application and the appropriate fee.

(j) In the case of a transfer of ownership of a hospice, the prospective owners shall submit the following to the Department with a completed license application:

1. A description of the proposed transfer of ownership, in detail, including total purchase cost;

2. Identification of 100 percent of the current and prospective owners of both the physical assets of the hospice and the operation of the hospice;

3. As applicable, 100 percent of the ownership of leased buildings and property;

4. Copies of all legal documents pertinent to the transfer of ownership transaction that are signed by both the current licensed owners and the proposed licensed owners;

5. A nonrefundable fee of $ 1,500 for the filing of an application for the transfer of ownership of the hospice and, upon Department approval of the transfer of ownership, the license fee required pursuant to N.J.A.C. 8:42C-2.4(a); and

6. Track record information required pursuant to N.J.A.C. 8:42C-2.4(b).

(k) The license, unless suspended or revoked, shall be renewed annually on the original licensure date.

1. The hospice shall receive a request for renewal fee 30 days prior to the expiration of the license.

2. A renewal license shall not be issued unless the licensure renewal fee is received by the Department.

(l) The license shall not be renewed, if State licensing standards, local rules, regulations, and/or requirements are not met.

(m) Failure to renew a license shall constitute operation of a health care facility without a license and may result in issuance by the Department of a cease and desist order, in accordance with N.J.A.C. 8:43E-3.11 and other penalties in accordance with N.J.A.C. 8:43E-3.4(a)1.

(n) If a licensed facility leases beds to a third-party inpatient hospice care unit operator:

1. The licensed facility is not required to file a transfer of ownership application;

2. The facility may keep the beds licensed and inoperative for a maximum of two years in accordance with N.J.A.C. 8:33-3.2(a); and

3. After two years elapse:

i. The facility shall return the inoperative beds to service; or

ii. If the facility fails to return the inoperative beds to service, the Department shall remove the beds from the facility's license.

N.J. Admin. Code § 8:42C-2.5

Notice of readoption with technical change, effective 5/15/2017.
See: 49 N.J.R. 1223(a).
Amended by R.2018 d.050, effective 1/16/2018.
See: 49 N.J.R. 232(a), 50 N.J.R. 522(a).
Rewrote (i) as (i) and (j); recodified former (j) through (l) as (k) through (m); rewrote (k); and added (n).
Amended by R.2021 d.040, effective 5/3/2021.
See: 51 N.J.R. 1312(a), 53 N.J.R. 700(b).
In (b), deleted "Office of" preceding "Certificate", and substituted "Program" for "within the Department".
Notice of readoption with technical change, effective 3/18/2024.
See: 56 N.J.R. 410(b).