N.J. Admin. Code § 8:96-9.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:96-9.1 - Enforcement remedies and procedures

(a) In accordance with applicable enforcement procedures, and in addition to available enforcement remedies at N.J.A.C. 8:43E-3, and subject to (b) below, the Department may assess civil monetary penalties pursuant to N.J.S.A. 26:2H-13 and 14 for violations of this chapter as follows:

1. For failure to submit audited annual financial statements or, if applicable, an audited annual statement of operations or income, in accordance with N.J.A.C. 8:96-2.1(a), $ 100.00 per day until compliance occurs;

2. For failure to post audited annual financial statements or, if applicable, an audited annual statement of operations or income, in accordance with N.J.A.C. 8:96-2.1(b), $ 100.00 per day until compliance occurs;

3. For failure to submit unaudited quarterly financial statements or, if applicable, an unaudited quarterly statement of operations or income, to the Department in accordance with N.J.A.C. 8:96-2.2(a), $ 50.00 per day until compliance occurs;

4. For failure to convene a public meeting pursuant to N.J.A.C. 8:96-3.1, $ 100.00 per day until compliance occurs;

5. For failure to make available, to attendees at the public meeting convened pursuant to N.J.A.C. 8:96-3.1, copies of audited annual financial statements and/or, if applicable, the audited annual statement of operations or income with respect to a system hospital, in accordance with that section, $ 1,000 per violation;

6. For failure to timely submit to the Department and/or post on the hospital's website all required information about the ownership interests of the hospital, management companies, and related organizations in accordance with N.J.A.C. 8:96-5.1, $ 200.00 per day until compliance occurs;

7. For failure to timely submit to the Department a report of a hospital's business transactions with interested persons in accordance with N.J.A.C. 8:96-6.1, $ 200.00 per day until compliance occurs;

8. For failure to timely post on a hospital's website a report of business transactions with interested persons in accordance with N.J.A.C. 8:96-6.1, $ 200.00 per day until compliance occurs;

9. For failure of the hospital to timely notify the Department of the intention of the hospital to enter into a sale, lease, or sale-leaseback agreement of the land on and/or building in which a hospital is located, in accordance with N.J.A.C. 8:96-7, $ 200.00 per day, starting from the date at which notice to the Department should have occurred and until compliance occurs; and

10. For failure to disclose that a hospital has entered into a sale, lease, or sale-leaseback agreement at its next annual public meeting convened pursuant to N.J.A.C. 8:96-3.1, in accordance with N.J.A.C. 8:96-7.3, $ 200.00 per day, starting from the date at which notice to the Department should have occurred and until compliance occurs.

(b) The Department may assess a penalty that is less than the maximum amount authorized pursuant to (a) above upon consideration of:

1. A hospital's compliance history;

2. The number, frequency, and/or severity of the violations;

3. The measures a hospital takes to mitigate the effects of a violation and/or to prevent future violations;

4. The deterrent effect of the penalty; and/or

5. Mitigating circumstances that are particular to the hospital or the violation.

N.J. Admin. Code § 8:96-9.1

Adopted by 50 N.J.R. 815(a), effective 2/5/2018

Amended by 55 N.J.R. 2335(b), effective 11/20/2023