N.J. Admin. Code § 8:43J-2.12

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:43J-2.12 - Transfer of ownership

(a) Prior to transferring ownership of a facility, the prospective owner shall apply to the Office of Certificate of Need and Healthcare Facilities Licensure for approval of the transfer by submitting the following:

1. A cover letter stating the proposed owner's intention to purchase the facility, identifying the facility by name, address and county and stating the licensed child capacity (that is, the number of licensed slots);

2. A written description of the proposed transaction, including:

i. Identification of the current owners of the facility;

ii. Identification of 100 percent of the proposed owners, including the names and addresses of all principals (that is, individuals and/or entities with a 10 percent or more interest); and

iii. If applicable, a copy of an organizational chart, including parent corporations and wholly owned subsidiaries of the proposed owner;

3. A copy of the agreement of sale and, if applicable, a copy of any lease; and

4. The names of any licensed health care facilities and states in which they are located that the proposed owner or any of the principals own, operate or manage in New Jersey or any other state.

i. If the proposed owner or any of its principals own, operate or manage facilities in other states, the proposed owner shall submit letters from the state health departments or applicable regulatory agencies in each of the respective states, verifying that the facilities have operated in substantial compliance during the last 12-month period and have had no enforcement actions imposed during that period of time.

(b) The Department shall review the request for authorization to transfer ownership, which review shall include an evaluation of the applicant's track record, in accordance with N.J.A.C. 8:33-4.10 and 8:43E-5.1, and clearance from the Criminal Background Investigation Unit.

(c) When the Department has reviewed the request for authorization to transfer ownership and deemed it acceptable, the Office of Certificate of Need and Healthcare Facility Licensure shall send a letter approving the transfer and licensure application forms to the proposed owner.

(d) After the transaction has been completed, the new owner shall submit the following documents to the Office of Certificate of Need and Healthcare Facilities Licensure:

1. A complete licensure application and the annual licensure fee;

2. A notarized letter stating the date on which the transaction occurred; and

3. A copy of a certificate of continuing occupancy from the local municipality or a letter from the municipality verifying a policy of not issuing any such document for changes of ownership.

(e) The Department shall not issue a license to the new owner until the Department receives the items required pursuant to (d) above.

(f) For Medicaid provider enrollment, the new owner shall contact Molina Medicaid Solutions for an application for Medicaid participation at (800) 776-6334 or access the application on the Internet at www.njmmis.com.

N.J. Admin. Code § 8:43J-2.12

Notice of readoption with technical change.
See: 48 N.J.R. 2354(a).