N.J. Admin. Code § 8:43-2.1

Current through Register Vol. 56, No. 9, May 6, 2024
Section 8:43-2.1 - Application for licensure
(a) Any person, organization, or corporation desiring to operate a residential health care facility shall make application to the Commissioner for a license on forms prescribed by the Department. Such forms may be obtained from:

Director

Office of Certificate of Need and Healthcare Facility Licensure

Division of Healthcare Facilities Evaluation and Licensing

New Jersey Department of Health

PO Box 358

Trenton, NJ 08625-0385

(609) 292-5960

(b) The Department shall charge a nonrefundable fee of $225.00 plus $15.00 per bed for the filing of an application for licensure and for each annual renewal thereof. These fees shall not exceed the maximum caps as set forth at 26:2H-12, as may be amended from time to time.
(c) Each applicant for a license to operate a facility shall make an appointment for a preliminary conference at the Department with the Office of Certificate of Need and Healthcare Facility Licensure.
(d) The Department shall charge a nonrefundable fee of $750.00 for the filing of an application to add bed or non-bed related services to an existing residential health care facility.
(e) The Department shall charge a nonrefundable fee of $150.00 for the filing of an application to reduce bed or non-bed related services at an existing residential health care facility.
(f) The Department shall charge a nonrefundable fee of $375.00 for the filing of an application for the relocation of a residential health care facility.
(g) The Department shall charge a nonrefundable fee of $750.00 for the filing of an application for the transfer of ownership of a residential health care facility. All provisions of this section shall apply to applications for transfer of ownership.
(h) Approval of an application shall be contingent upon a review of the applicant's track record, in accordance with N.J.A.C. 8:43E-5, among other factors. All applicants shall demonstrate that they have the capacity to operate a residential health care facility in accordance with the rules of this chapter. An application for a license or change in service shall be denied if the applicant cannot demonstrate that the premises, equipment, personnel, including principals and management, finances, rules and bylaws, and standards of health care are fit and adequate and that there is reasonable assurance that the health care facility will be operated in accordance with the standards required by these rules. The Department shall consider an applicant's prior history in operating a health care facility either in New Jersey or in other states in making this determination. Any evidence of licensure violations representing serious risk of harm to residents may be considered by the Department, as well as any record of criminal convictions representing a risk of harm to the safety or welfare of residents.
(i) Each residential health care facility shall be assessed a biennial inspection fee of $450.00. This fee shall be assessed in the year the facility will be inspected, along with the annual licensure fee for that year. The fee shall be added to the initial licensure fee for new facilities. Failure to pay the inspection fee shall result in non-renewal of the license for existing facilities and the refusal to issue an initial license for new facilities. This fee shall be imposed only every other year even if inspections occur more frequently and only for the inspection required to either issue an initial license or to renew an existing license. This fee shall not be imposed for any other type of inspection.

N.J. Admin. Code § 8:43-2.1

Amended by 51 N.J.R. 1272(a), effective 8/5/2019