N.J. Admin. Code § 8:43D-2.4

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:43D-2.4 - License

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

1. The initial survey required by 8:43D-2.3(a) results in a finding of substantial compliance with the requirements of this chapter;

2. The completed licensure application is on file with the Department;

3. The fee for filing of the application has been received by the Department;

4. A copy of the admission agreement is on file with the Department;

5. Written approvals are on file with the Department from the local zoning, fire, health and building authorities; and a copy of the certificate of occupancy or a certificate of continued occupancy that has been issued by the appropriate local authority has been submitted to the Department;

6. 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;

7. Personnel are employed in accordance with the staffing requirements in this chapter; and

8. The applicant has demonstrated compliance with the track record rules pursuant to 8:43-5.1(b).

9. If requested by the potential licensed operator, a preliminary conference for review of the conditions for licensure and operation (see 8:43D-2.1(e)1 through 7) has taken place between the Department's Office of Certificate of Need and Healthcare Facility Licensure and representatives of the facility, who will be advised that the purpose of the conference is to allow the Department to determine the facility's compliance with 26:2H-1 et seq., as amended, and the rules pursuant thereto.

(b) No facility shall admit residents to the facility until the facility has the written approval and/or license issued by the Department's Office of Certificate of Need and Healthcare Facility Licensure. Violators of this requirement will be subject to penalties for operating a facility without a license, pursuant to 26:2H-14 and N.J.A.C. 8:43E.

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

(d) Except as set forth below, the license is not assignable or transferable, and it shall be immediately void if the pediatric community transitional home ceases to operate, if the pediatric community transitional home ownership changes, if the pediatric community transitional home is relocated to a different site, or if a part of a pediatric community transitional home ceases to operate.

1. If the pediatric community transitional home 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. The licensee shall make such a request at least 30 days prior to ceasing operations, and such request shall include the rationale for requesting the extension and the time frame of the extension. The Department shall maintain the license if the circumstances indicate that the licensee will again operate the pediatric community transitional home or part thereof, within the time frame of the extension requested, and based on the specific facts and circumstances of each case.

2. In the case of a transfer of ownership, new owners of a pediatric community transitional home shall make application for licensure with the Department, in accordance with the provisions as set forth in 8:43D-2.1 and this subchapter. In addition, the following information shall be submitted with the application:

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

ii. Identification of 100 percent of both the current and prospective ownership of both the physical assets of the pediatric community transitional home and the operating;

iii. Where applicable, identification of 100 percent of the ownership of leased buildings and property;

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

v. Documentation of compliance with requirements specified at 8:43D-3.1(d).

(e) The license, unless suspended or revoked, shall be renewed annually on the original licensure date, or within 30 days thereafter, but dated as of the original licensure date. The facility will receive a request for renewal fee 30 days prior to the expiration of the license. A renewal license shall not be issued if the licensure fee is not received by the Department in a timely fashion, or if the facility is more than 60 days delinquent in payment of a penalty issued pursuant to 26:2H-14.

(f) The license shall not be renewed if compliance with local rules, regulations and/or requirements has not been maintained.

(g) 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 8:43E-3.11 and other penalties assessed in accordance with 8:43E-3.4(a)1.

N.J. Admin. Code § 8:43D-2.4

Amended by R.2009 d.161, effective 5/18/2009.
See: 41 N.J.R. 47(a), 41 N.J.R. 2104(a).
In (a)9 and (b), inserted "Department's Office of", and substituted "Healthcare Facility" for "Acute Care"; in (a)9, deleted "Program" following "Licensure"; and in (b), deleted "Program of the Department" following "Licensure".