N.J. Admin. Code § 8:43F-2.1
Current through Register Vol. 56, No. 9, May 6, 2024
Section 8:43F-2.1 - Licensure application procedures and requirements(a) A person, organization, or corporation desiring to operate an adult day health services facility, or to expand or relocate an existing facility, shall submit an application for a license on forms prescribed by the Department. Such forms may be obtained from the Director of the Division or at N.J.A.C. 8:39 Appendix D. 1. The Department shall charge a nonrefundable fee of $ 1,500 plus $ 10.00 per slot for the filing of an application for licensure and $ 1,500 plus $ 10.00 per slot for each annual renewal thereof.2. The Department shall charge a nonrefundable fee of $ 1,500 plus $ 10.00 per slot for the filing of an application to add services or program slots to an existing adult day health services facility.3. The Department shall charge a nonrefundable fee of $ 375.00 for the filing of an application to reduce services at an existing adult day health services facility.4. The Department shall charge a nonrefundable fee of $ 375.00 for the filing of an application for the relocation of an adult day health services facility.5. The Department shall charge a nonrefundable fee of $ 1,500 for the filing of an application for the transfer of ownership of an adult day health services facility.6. Each adult day services 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.7. Approval of a project proposal shall be contingent upon a review of the applicant's track record, in accordance with 8:43E-5.1(b), and compliance with this chapter. All applicants shall demonstrate that they have the capacity to operate an adult day health services facility in accordance with the rules in this chapter. An application for a license or change in service shall be denied if that 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 the health care facility will be operated in accordance with the standards required by these rules.8. The Department shall not issue or continue licensure for the operation of an adult day health services facility unless the current or prospective owner(s) and administrator(s) have obtained prior clearance from the Department's Criminal Background Investigation Unit. The Department shall not issue clearance to any current or prospective owner or administrator who has been convicted of a crime or offense relating adversely to the person's ability to provide care, including, but not limited to, homicide, assault kidnapping, sexual offenses, robbery, crimes against the family, children, or persons adjudicated to be incapacitated, and financial crimes, except when the current or prospective owner or administrator with a criminal history has demonstrated his or her rehabilitation in order to qualify as an owner or administrator in accordance with the standards set forth in the Rehabilitated Convicted Offender Act, N.J.S.A. 2A:168A-1etseq. i. In accordance with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1etseq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, any individual disqualified from owning, operating, or administering an adult day health services facility shall be given an opportunity to challenge the accuracy of the disqualifying criminal history record prior to being permanently disqualified from participation.N.J. Admin. Code § 8:43F-2.1
Amended by R.2007 d.107, effective 4/16/2007.
See: 38 N.J.R. 3115(a), 39 N.J.R. 1481(a).
In the introductory paragraph of (a), updated address.
Amended by R.2009 d.345, effective 11/16/2009 (operative April 1, 2010).
See: 40 N.J.R. 6266(a), 41 N.J.R. 4212(a).
Deleted "or pediatric" following "adult" throughout; in (a)6, deleted "and pediatric" following "adult"; deleted former (a)8; and recodified former (a)9 as (a)8.
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2204(a).