N.J. Admin. Code § 8:43F-2.6

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:43F-2.6 - License

(a) The Department shall issue a license to the operator of the facility when all of the following conditions are met:

1. A project proposal has been submitted by the applicant and approved by the Division, in writing;

i. The project proposal shall specify if there will be more than one shift of operation and shall provide the hours of operation for each shift. Any change in the hours of operation shall be reported, in writing, to the Division, and

ii. The project proposal shall include scaled plans of the proposed facility, for preliminary review;

2. A completed licensure application and the appropriate fees have been submitted to the Department;

3. A preliminary conference for review of conditions for licensure and operation has taken place between representatives of the facility and staff of the Division;

4. A review of the applicant's track record has resulted in a determination that the track record is acceptable in accordance with 8:43E-5.1;

5. In accordance with N.J.A.C. 8:43F-2.1(a)8, the owners and administrators of prospective adult day health services facilities shall have clearance from the Criminal Background Investigation Unit prior to operating the adult day health services facilities;

6. The applicant has submitted the following additional documents to the Division:

i. A copy of the certificate of occupancy from the local authority;

ii. Documentation of a satisfactory fire safety inspection by the local fire authority; and

iii. An approval letter from the New Jersey Department of Community Affairs for any renovation or construction of the building, if applicable; and

7. A survey by Department staff indicating that the facility meets the standards set forth in the chapter and N.J.S.A. 26:2H-1etseq.

(b) A license shall be granted for a period of one year.

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

(d) The license shall not be assignable or transferable and shall be immediately void if the facility ceases to operate, if the facility's ownership changes, or if the facility is relocated to a different site.

(e) The license, unless suspended or revoked, shall be renewed annually on or before its expiration date, or within 30 days thereafter but dated as of the original licensure date. The facility shall receive a request for renewal fee 30 days prior to the expiration of the license. A renewal license shall not be issued unless the Department receives the licensure fee.

(f) The license may not be renewed if local rules, regulations, and/or requirements are not met.

(g) A facility shall not exceed its licensed capacity.

N.J. Admin. Code § 8:43F-2.6

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).
In the introductory paragraph of (a)1 and in (a)1i, substituted "Office of Certificate of Need and Healthcare Facility Licensure" for "Long Term Care Licensing Program"; in (a)3, substituted "Health Facilities Evaluation and Licensing" for "Long Term Care Systems"; deleted former (a)6; recodified former (a)7 and (a)8 as (a)6 and (a)7; and in (a)6, substituted "Office of Certificate of Need and Healthcare Facility Licensure" for "Long Term Care Licensing Program".
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2204(a).