N.J. Admin. Code § 8:43G-1.2

Current through Register Vol. 56, No. 9, May 6, 2024
Section 8:43G-1.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Commissioner" means the Commissioner of the Department or his or her designee.

"Deemed status" means an acknowledgment of compliance with certain Department licensure standards that the

Department grants to a hospital because the hospital holds accreditation from an accrediting body recognized by the Centers for Medicare & Medicaid Services pursuant to 42 CFR Part 488, in place of the Department determining the hospital's compliance status by means of the Department independently performing a licensure inspection using Department staff.

1. The Department, through the granting of deemed status, substitutes the standards of the accrediting body for certain selected Department licensing standards.

"Department" means the Department of Health.

"Discharge plan" means a patient-specific post-hospital written care plan developed by a hospital's discharge planning team that identifies the after-care assistance the patient requires, and includes the services and resources necessary for the patient's transition from the hospital.

"Discharge planning team" means the people employed by a hospital as part of its discharge planning staff as set forth at N.J.A.C. 8:43G-11.4.

"Facility" means a general acute care, special or psychiatric hospital licensed pursuant to this chapter.

"Hospital" means an institution, whether operated for profit or not, whether maintained, supervised or controlled by an agency of the government of the State or any county or municipality or not, which maintains and operates facilities for the diagnosis, treatment or care of two or more non-related individuals suffering from illness, injury or deformity and where emergency, out-patient, surgical, obstetrical, convalescent or other medical and nursing care is rendered for periods exceeding 24 hours.

"Hospital-based off-site ambulatory care service facility" means an ambulatory care service facility which has met the criteria as set forth in 8:43G-2.11(c) to be classified as same and which has applied for and received a license authorizing the facility to operate as a hospital-based off-site ambulatory care service facility.

"Hospitalization" means the admission and care of any person for a continuous period, longer than 24 hours, for the purpose of diagnosis and/or treatment bearing on the physical or mental health of such persons.

"Inspection" includes a survey, inspection, investigation or other regulatory oversight activity necessary for the Department to carry out an obligation imposed by applicable State licensing rules, statutes or Federal Medicare/Medicaid certification regulations or statutes including any on-site visit to a hospital by Department staff to determine a facility's compliance with applicable State licensing rules, statutes or Federal Medicare/Medicaid certification regulations or statutes.

"License" means the certificate issued by the Department for the operation of a facility.

1. A license constitutes the facility's authority to receive patients and residents and to perform the services included within the scope of this chapter and as specified on the license.

"Licensee" means a person or organization to which the Department grants a license to operate a health facility that has ultimate authority and responsibility for the operation, management, control, conduct and functioning of the facility.

"Licensing Office" means the Certificate of Need and Healthcare Facility Licensure Program, Division of Certificate of Need and Licensing, Department of Health , PO Box 358, Trenton, New Jersey 08625-0358.

"Licensed practical nurse" shall have the meaning set forth in 45:11-27(d).

"Other licensed health care professionals" means:

1. "Physical therapist," which shall have the meaning set forth in N.J.S.A. 45:9-37.1 3; and

2. "Respiratory care practitioner," which shall have the meaning set forth in 45:14E-3.

"Patient" means a person who receives a health care service from a provider.

"Registered professional nurse" shall have the meaning set forth in 45:11-26(e) and such nurses shall be licensed by the New Jersey Board of Nursing.

"Regulatory compliance statement" means a submission to the Licensing Office consisting of:

1. A written attestation on facility letterhead, signed by a facility's chief executive officer, stating that the facility is in compliance with the requirements of this chapter and that the facility will continue to remain in compliance during the term of the license;

2. A copy of a documentation of a facility's certification by or accreditation from an accrediting body recognized by the Centers for Medicare & Medicaid Services of the U.S. Department of Health and Human Services; and

3. Upon request of the Licensing Office, a copy of the accrediting body's most recent report of its survey of the facility and recommendations for corrective actions, and a progress report of all corrective actions the facility has taken in response to the accreditation body's report.

"Survey" means the evaluation of the quality of care and/or the fitness of the premises, staff and services provided by a facility as conducted by the Department and/or its designees to determine compliance or non-compliance with applicable State licensing laws, including statutes and rules and Federal Medicare and/or Medicaid certification laws, including statutes and regulations.

"Unlicensed assistive personnel" or "UAP" means unlicensed individuals (formerly known as "ancillary nursing personnel") to whom selective nursing tasks are delegated.

N.J. Admin. Code § 8:43G-1.2

Amended by 50 N.J.R. 552(b), effective 1/16/2018