Administration | NJ

ADMINISTRATION

 

8:36-3.1         Appointment of administrator

 

• An administrator shall be appointed and an alternate shall be designated in writing to act in the absence of the administrator. The administrator or a designated alternate shall be available at all times and shall be on-site at the facility on a full-time basis in facilities that have 60 or more licensed beds, and on a half-time basis in facilities that have fewer than 60 licensed beds, in accordance with the definition of “full-time” and “half-time” at N.J.A.C. 8:36-1.3.

 

8:36-3.2         Qualifications of the administrator of an assisted living residence or comprehensive personal care home

 

• The administrator of an assisted living residence or comprehensive personal care home shall:

 

1. Be at least 21 years of age;

 

2. Possess a high school diploma or equivalent; and

 

3. Hold a current New Jersey license as a nursing home administrator or hold a current New Jersey certification as an assisted living

 

• An applicant for certification as an assisted living administrator shall successfully complete an assisted living training course which covers the concepts and rules of assisted living as outlined in this chapter, given by a trainer qualified in accordance with N.J.A.C. 8:36-3.3.

 

1. An applicant for certification as an assisted living administrator shall sit for the Assisted Living Competency Examination within two years of successful completion of the assisted living training course.

 

• An applicant for certification who fails the competency examination for an assisted living administrator will be permitted to re-take the examination in accordance with the following:

 

1. Following a first examination failure, an applicant shall be permitted to sit for re-examination.

 

2. Following a second examination failure, the applicant shall be required to re-take, and successfully complete, an assisted living training course approved by the Department in accordance with this

 

3. Written documentation of successful completion of a training program required by (b) above shall be submitted to the Certification Program, Department of Health and Senior Services, PO Box 367, Trenton, NJ 08625- 0367 at least 10 days prior to the next examination the applicant will

 

• Certification shall be granted only to those candidates who:

 

1. Successfully complete the training program listed in (b) above;

 

2. Pass the competency examination; and

 

3. Successfully complete the criminal background check as required by

 

• An individual who has successfully completed the required training program and who has passed the competency examination shall be eligible for a conditional certification in accordance with N.J.A.C. 8:43I-4.5. Conditionally certified individuals may perform the duties of a certified assisted living administrator only for the period of time specified in N.J.A.C. 8:43I-4.5.

 

• The owner of an assisted living resident who meets the qualifications listed in (a) above may also serve as the

 

• An assisted living administrator certification shall be valid for a period of three years from the date of

 

• At least once every three years, on a schedule to be determined by the Department, an assisted living administrator shall file an application for renewal of current

 

• In order to be eligible to renew a current certification, an assisted living administrator shall:

 

1. Complete at least 30 hours of continuing education regarding assisted living concepts and related topics, as specified and approved by the Department of Health and Senior Services. Continuing education courses shall cover the topics described in the training program for assisted living administrators in

N.J.A.C. 8:36-3.3(a)2, and be earned between the time the current certificate was issued and is due to expire; and

 

2. Complete a criminal history record background check as required by

 

• If a certified assisted living administrator fails to fulfill the certification renewal requirements at the prescribed time, the certification shall be considered inactive.

 

• An individual may apply for recertification without re-examination within three years of the certification renewal date and upon submitting a request for restoration of said certification, in writing, to the Certification

 

• An individual requesting restoration of his or her certification from inactive status within three years of inactivity shall be required to pay the then- current certification fee and comply with the education requirements identified at

 

• The applicant shall be required to complete 10 hours of continuing education credit for each year in which the certification was inactive in addition to the required 30 hours of continuing education for the last completed triennial certification period in which the applicant’s certification was

 

• An administrator whose certification is in an inactive status and who subsequently fails to meet the requirements identified at (j) through (m) above shall be required to apply in writing for restoration of certification under the requirements as determined by the Certification Program on an individual basis and as provided for in these

 

8:36-3.3         Qualifications of trainers for assisted living administrators

 

(a) Qualified trainers for assisted living administrators shall possess either the education and experience described in (a)1 through 3 below or the experience described in (a)4 and 5 below:

 

1. Two years experience as an administrator in the areas of housing, hotel management, or health care or two years experience in teaching adults, or any combination thereof; and

 

2. Completion of at least 40 hours in assisted living administrator training, which shall include basic concepts of assisted living, age-related changes and aging in place, assessments, the scope of services and service planning, shared responsibility and managed risk, documentation, staffing patterns, nursing activities and medication administration, and promoting a home-like environment; and

 

3. A practicum, consisting of a minimum of 16 hours, at a New Jersey licensed assisted living facility which shall include satisfactory completion of a resident service needs assessment, service plan, and risk management agreement; or

 

4. Two years of experience as a certified assisted living administrator in a licensed assisted living facility or two years experience in teaching adults, or any combination thereof; and

 

5. A practicum, consisting of a minimum of 16 hours, at a New Jersey licensed assisted living facility which shall include satisfactory completion of a resident service needs assessment, service plan, and risk management agreement.

 

8:36-3.4         Administrator’s responsibilities

 

(a) The administrator or designee shall be responsible for, but not limited to, the following:

 

1. Ensuring the development, implementation, and enforcement of all policies and procedures, including resident rights;

 

2. Planning for, and administration of, the managerial, operational, fiscal, and reporting components of the facility;

 

3. Ensuring that all personnel are assigned duties based upon their ability and competency to perform the job and in accordance with written job descriptions;

 

4. Ensuring the provision of staff orientation and staff education;

 

5. Establishing and maintaining liaison relationships and communication with facility staff and services and with residents and their families; and

 

6. Establishing and maintaining liaison relationships and communications with community hospitals, social service agencies, and mental health service agencies.

 

8:36-3.5         Actions against an assisted living administrator

 

• A certificate issued to an assisted living administrator in accordance with this subchapter may be revoked, suspended or restricted for improper practice. Improper practice means, but is not limited to:

 

1. Finding of abuse, neglect or misappropriation of property of a resident of an assisted living residence, comprehensive personal care home, or assisted living program, or of a patient, resident, or client of any other facility or agency licensed by the Department;

 

2. Conviction of any offense that is a disqualifying offense pursuant to

 

 

3. Improper practice as an assisted living administrator, as defined by this chapter;

 

3. The Department may request that the Assisted Living Administrators Panel, defined at N.J.A.C. 8:36-3.6, review any allegations of improper practice, and to advise the Department as to the scope and severity of any alleged improper practice, or whether the practice is acceptable.

 

4. Any violation of these or other regulations applicable to the operation of an assisted living facility or program; and

 

5. Falsification or fraudulent use of any required documents, including documents submitted in order to obtain or renew a certification issued by the Department.

 

• Any individual who has his or her certificate revoked or suspended, or who has his or her practice restricted in accordance with (a) above, shall have the right to appeal the matter to the Office of Administrative Law in accordance with N.J.S.A. 52:14B-1 et seq. The Department shall request that any such matter be docketed for a hearing within 30 days of the request. All proceedings shall be in conformance with the Administrative Procedure Act, N.J.S.A. 52:14B- 1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

 

• The Commissioner or his or her designee may summarily suspend the certificate of an assisted living administrator when the continued certification of an individual poses an immediate threat to the health, safety or welfare of the public, including residents of assisted living facilities or programs and other licensed health care facilities or agencies. An individual whose certificate is summarily suspended shall have the right to appeal to the Commissioner for an expedited hearing at the Office of Administrative Law, which shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and

 

N.J.A.C. 1:1. If the summary suspension is upheld at the Office of Administrative Law, the individual whose certificate has been summarily suspended shall have the right to apply for injunctive relief in the Superior Court of New Jersey. Nothing in this subsection shall be construed to prevent the Commissioner from thereafter revoking the license in accordance with (a) above.

 

8:36-3.6         Assisted Living Administrators Panel

 

• An Assisted Living Administrators Panel shall be formed whose purpose shall be to advise the Department on the training, education and administrative practice issues for all certified assisted living administrators and those individuals attempting to obtain certification as an assisted living administrator.

 

• The panel shall consist of 11 members, in accordance with the following criteria:

 

1. One member shall be from the Department’s Long-term Care Licensing Program;

 

2. One member shall be from the Department’s Long-term Care Assessment and Survey Program;

 

3. One member shall be from the Department’s Medicaid Waiver Program;

 

4. One member shall be the Ombudsman for the Institutionalized Elderly, or his or her designee;

 

5. One member shall be a certified assisted living administrator affiliated with a for-profit assisted living facility;

 

6. One member shall be a certified assisted living administrator affiliated with a not-for-profit assisted living facility;

 

7. One member shall be a certified assisted living administrator affiliated with an assisted living facility that is affiliated with an acute care hospital;

 

8. One member shall be a certified assisted living administrator affiliated with an assisted living program;

 

9. Two members shall be registered professional nurses with experience in assisted living, one of whom shall be currently employed in an assisted living facility or program; and

 

10. One member shall be a representative of a consumer advocacy group for the elderly.

 

• Members of the panel listed in (b)5 through 10 above shall serve terms of a maximum of three

 

1. In order to maintain continuity, the initial members of the panel listed in (b)5 through 10 above shall have their terms abbreviated in order to provide that no more than three members’ terms expire at one time. Individuals appointed to the initial panel shall be advised of the term expiration date upon appointment.

 

• An individual who is serving as an assisted living administrator shall maintain a current assisted living administrator certification issued by the Department and shall remain affiliated with the facility type that the assisted living administrator was appointed to represent. Failure to meet these requirements will result in the member forfeiting his or her

 

• The Department may refer matters pertaining to the practice of assisted living administrators to the panel for review and advice and recommendations, including potential violations of this chapter. The panel is authorized to review such matters, and to make recommendations to the Department regarding any practice issues that may

 

• The panel shall meet on a schedule to be determined by the Department, which shall be at least

 

• For the purposes of this section, the panel may act provided a quorum of seven members is present at any

 

• The Department will provide administrative and support services to the panel in the conduct of its