N.J. Admin. Code § 8:43G-2.2

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

Section 8:43G-2.2 - Application for licensure

(a) Where applicable, following receipt of a Certificate of Need as a hospital, any person, organization, or corporation desiring to operate a hospital shall make application to the Commissioner for a license on forms prescribed by the Department. Such forms may be obtained from the Department's website address http://nj.gov/health/forms or from the Licensing Office.

(b) The Department shall charge a nonrefundable fee of $ 10,000 for the filing of an application for licensure and each annual renewal of a general acute care, special or psychiatric hospital. These fees shall not exceed the maximum caps as set forth at 26:2H-12, as may be amended from time to time.

(c) The Department shall charge a nonrefundable fee of $ 3,000 for the filing of an application to add services to an existing general acute care, special or psychiatric hospital.

(d) The Department shall charge a nonrefundable fee of $ 375.00 for the filing of an application to reduce services at an existing general acute care, special or psychiatric hospital.

(e) The Department shall charge a nonrefundable fee of $ 1,500 for the filing of an application for the relocation of a general acute care, special or psychiatric hospital.

(f) The Department shall charge a nonrefundable fee of $ 1,500 for the filing of an application for the transfer of ownership of a general acute care, special or psychiatric hospital.

(g) Each general acute care, special and psychiatric hospital shall be assessed a biennial inspection fee of $ 5,000 for the review of licensure application forms, including the regulatory compliance statement, to validate that the facility continues to comply with applicable State licensing laws, including statutes and rules and Federal Medicare and/or Medicaid certification laws, including statutes and regulations.

1. This biennial inspection fee shall be assessed every other year at licensure renewal and shall be in addition to the annual licensure fee for that year. The biennial inspection fee shall be assessed at the time of the initial licensure fee for new facilities and shall be in addition to the licensure fee.

2. 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.

3. This fee shall be imposed only every other year even if inspections occur more frequently.

(h) If a hospital operates a service that is subject to separate licensing regulation, for example, a long-term care or comprehensive rehabilitation facility, the Department shall charge an additional licensing fee for that service, as set forth in the applicable rules.

(i) All applicants shall demonstrate that they have the capacity to operate a hospital in accordance with the rules in this chapter. An application for a license or change in service may be denied if the applicant cannot demonstrate that the premises, equipment, personnel, including principals and management, finances, rules and bylaws, and standards or health care are fit and adequate and that there is reasonable assurance that the health care facility will be operated in accordance with the standards required by these rules. The Department shall consider an applicant's prior history in operating a health care facility either in New Jersey or in other states in making this determination. Any evidence of licensure violations representing serious risk of harm to patients may be considered by the Department, as well as any record of criminal convictions representing a risk of harm to the safety or welfare of patients.

(j) Any applicant denied a license to operate a facility shall have the right to a fair hearing in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedures Rules, N.J.A.C. 1:1.

N.J. Admin. Code § 8:43G-2.2

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