N.J. Admin. Code § 8:43F-3.3

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

Section 8:43F-3.3 - Administrative policies and procedures

(a) If a health care facility licensed by the Department provides adult day health services in addition to other health care services, the facility shall adhere to the rules in this chapter and to the rules for licensure of facilities providing the other health care services.

(b) Except in an emergency, facilities shall not provide program services to individual participants for more than 12 consecutive hours during any calendar day of the year without prior written approval by the Department.

(c) The facility shall adhere to applicable Federal, State, and local laws, rules, regulations, and requirements.

(d) A policy and procedure manual(s) for the organization and operation of the facility shall be developed, implemented, and reviewed at intervals specified in the manual(s). Each review of the manual(s) shall be documented, and the manual(s) shall be available in the facility to representatives of the Department at all times. The manual(s) shall include at least the following:

1. A written statement of the program's philosophy and objectives and the services provided by the facility;

2. An organizational chart delineating the lines of authority, responsibility, and accountability for the administration and participant care services of the facility;

3. A description of mechanisms for referral of participants to other health care providers, in order to provide a continuum of care for the participant;

4. A description of the quality improvement program for participant care and staff performance;

5. Specification of the hours and days on which services are provided;

6. Policies and procedures for the maintenance of personnel records for each employee, including, at a minimum, the employee's name, previous employment, educational background, credentials, license number with effective date and date of expiration (if applicable), certification (if applicable), verification of credentials, records of physical examinations, job description, and evaluations of job performance;

7. Policies and procedures, including content and frequency, for physical examinations upon employment and subsequently for employees and for other persons providing direct care services to participants; and

8. Policies and procedures for complying with applicable statutes and protocols to report abuse or mistreatment of participants, elopement, sexual abuse, specified communicable disease, rabies, poisonings, and unattended or suspicious deaths. These policies and procedures shall include, but not be limited to:

i. The notification of any suspected case of participant abuse or exploitation that occurs during the participant's participation in adult day health services to the New Jersey Long-Term Care Ombudsman, pursuant to N.J.S.A. 52:27G-7.1etseq., if the participant is 60 years of age or older, and if less than 60 years of age, to the Division of Health Facility Survey and Field Operations of the Department;

ii. The notification of any suspected case of participant abuse or exploitation that occurs outside of the participant's participation in adult day health services that is discovered by facility staff to Adult Protective Services, pursuant to N.J.S.A. 52:27D-406etseq., if the participant is 60 years of age or older;

iii. The notification of any suspected case of abuse or exploitation to the New Jersey Department of Children and Families, Division of Youth and Family Services of a participant who is 16 or 17 years of age;

iv. The development of written protocols for the identification and the treatment of participants who are abused and/or neglected;

v. The provision at least annually of education and/or training programs to appropriate persons regarding the identification and reporting of diagnosed and/or suspected cases of sexual abuse; domestic violence; abuse of participants and the facility's policies and procedures; and

vi. Policies and procedures regarding communicable diseases, in accordance with N.J.A.C. 8:57.

(e) The policy and procedure manual(s) shall be available and accessible to all participants, staff, and the public.

(f) The facility shall have a written agreement for services not provided directly by the facility. The written agreement, or its equivalent, shall specify that the facility retain administrative responsibility for services rendered and shall require that services be provided in accordance with the rules in this chapter.

N.J. Admin. Code § 8:43F-3.3

Recodified from N.J.A.C. 8:43F-3.6 and amended by R.2005 d.388, effective 12/19/2005 (operative February 1, 2006).
See: 36 N.J.R. 5240(a), 37 N.J.R. 385(a), 4931(a).
Rewrote the section.
Former N.J.A.C. 8:43F-3.3, "Transfer of ownership," repealed.
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).
Rewrote (d)8.
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2204(a).