N.J. Admin. Code § 8:43J-2.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 8:43J-2.2 - Licensure application procedures and requirements

(a) A person, organization, or corporation desiring to operate a pediatric medical day care facility, or to expand or relocate an existing facility, shall submit a project proposal and a completed Application for a Long Term Care Facility License LCS-9, along with the appropriate licensure fee.

1. The application form can be obtained from the Department's forms website at nj.gov/health/forms, or upon request to the following:

Director, Office of Certificate of Need and Healthcare Facility Licensure Division of Certificate of Need and Licensing New Jersey Department of Health PO Box 358 Trenton, NJ 08625-0358.

2. The project proposal shall include scaled plans of the proposed facility, for preliminary review.

(b) A person, organization or corporation desiring to operate a pediatric medical day care facility, or to expand or relocate an existing facility, shall submit the following, on the licensure application form provided by the Department:

1. The name the facility shall be operating under;

2. The street address of the facility;

3. The number of slots sought;

4. The name and address of the applicant seeking licensure;

5. Type of business organization;

6. Identification of the ownership of the physical plant;

i. If the physical plant is to be leased, a signed copy of the lease;

7. Identification of any management company that will be operating the facility, including the entity's name and address and the name, title and telephone number of a contact person;

8. 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);

9. Whether any person mentioned in the application has ever had any interest in any application for a health care facility in New Jersey or any other state, which was denied or revoked.

i. If yes, provide whom and the details;

10. Whether any of the principals have an ownership, management, or operational interest in a licensed health care facility in New Jersey, or any other state.

i. If yes, indicate whom and submit a listing of the licensed health care facilities;

11. Whether any person mentioned in the application is related to any person who now operates or has operated a health care facility in New Jersey or any other state.

i. If yes, indicate whom, the relationship, and a listing of the licensed health care facilities;

12. Whether any principals, owners, operators or managers of the facility have ever been found guilty of a criminal or administrative charge of fraud, abuse and/or neglect of a resident, participant and/or patient.

i. If yes, indicate whom and provide details;

13. Whether any principals, owners, operators or managers of the facility have ever been indicted for or convicted of a felony crime.

i. If yes, indicate whom and provide details;

14. The name and address of an agent in the State of New Jersey for service of process; and

15. A certification, signed by the applicant that states:

i. All the information submitted is true and correct to the best of the applicant's knowledge and belief and that willful misrepresentation of the facts contained in the application shall make the applicant subject to civil penalties;

ii. The governing body of the applicant has duly authorized the application; and

iii. The applicant shall operate the facility in accordance with applicable licensing requirements.

(c) Approval of a project proposal is contingent upon a review of the applicant's track record, in accordance with N.J.A.C. 8:43E-5.1(b), and compliance with this chapter.

(d) Any proposed pediatric medical day care facility shall submit plans to the Health Care Plan Review Unit, Division of Codes and Standards, New Jersey Department of Community Affairs, PO Box 815, Trenton, NJ 08625-0815, for review and approval prior to the initiation of construction, renovations or expansion.

1. Construction of freestanding facilities for new buildings and alterations, renovations, and additions to existing buildings for freestanding pediatric medical day care facilities shall comply with N.J.A.C. 8:43J-13.

2. Construction of facilities within long-term care facilities for new buildings and alterations, renovations, and additions for pediatric medical day care facilities in existing buildings, which are part of long-term care facilities shall comply with N.J.A.C. 8:43J-13.

(e) The Department recommends that applicants contact the Office of Certificate of Need and Healthcare Facility Licensure prior to the submission of construction plans to the Department of Community Affairs, as the Department of Community Affairs reviews construction plans for compliance with building code standards, and not for compliance with the physical plant standards contained in this chapter to schedule a functional review of their proposed projects, including, but not limited to:

1. Physical plant plans;

2. Policies and procedures;

3. Licensing protocols; and

4. Applicable rules and regulations.

(f) When a newly constructed facility is approximately 80 percent complete or when an applicant's estimated date of opening is within 30 days, the applicant shall schedule a preliminary conference with the Department's Assessment and Survey Program for review of the conditions for licensure and operation.

(g) In accordance with N.J.A.C. 8:43J-2.5, the Department shall not license a facility until the owners, administrators, volunteers and employees of the facility have clearance from the Department's Criminal Background Investigation Unit.

(h) An application for a license or change in service shall be denied if the applicant cannot demonstrate that the premises, equipment, personnel, including principals and management, finances, rules and bylaws and standards of health care are fit and adequate and that the facility will be operated in accordance with this chapter.

N.J. Admin. Code § 8:43J-2.2

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