8:36-2.1 Certificate of need
- According to N.J.S.A. 26:2H-1 et seq., and amendments thereto, a health care facility shall not be instituted, constructed, expanded, licensed to operate, or closed except upon application for, and receipt of, a certificate of need issued by the Commissioner in accordance with N.J.A.C. 8:33.
- In accordance with N.J.A.C. 8:33, application forms for a certificate of need and instructions for completion may be obtained from:
Office of Certificate of Need and Healthcare Facility Licensure New Jersey State Department of Health and Senior Services PO Box 358
- The facility or program shall implement all conditions imposed by the Commissioner as specified in the certificate of need approval letter. Failure to implement the conditions may result in the imposition of sanctions in accordance with N.J.S.A. 26:2H-1 et seq., and amendments
8:36-2.2 Application for licensure
- Following receipt of a certificate of need, any person, organization, or corporation desiring to operate an assisted living residence, comprehensive personal care home or assisted living program shall make application to the Commissioner for a license on forms prescribed by the Department. Such forms may be obtained from:
Office of Certificate of Need and Healthcare Facility Licensure New Jersey State Department of Health and Senior Services PO Box 358
Trenton, New Jersey 08625-0358 609-292-5960
- Any long-term care facility, residential health care facility, or Class “C” boarding home planning to provide assisted living services shall obtain licensing approval from the Department prior to initiating
- A copy of the assisted living residence or comprehensive personal care home admission agreement or other document stating the scope of a facility’s services shall be forwarded to the Director, Long-Term Care Licensing and Certification (see (a) above for address) for review when application for licensure is made. Review shall ensure that the admission agreement does not violate any requirements contained herein, any conditions placed on certificate of need approval, or any applicable State or Federal statutes. This subsection shall not apply when a continuing care retirement community (CCRC) contracts with its residents to provide assisted living pursuant to a continuing care agreement. This subsection does apply, however, when a CCRC provides assisted living to a person who is not a party to a continuing care agreement. The admission agreement shall include, but not be limited to, the following:
- Proposed charges for room, board and all levels of service and care and for all additional services and care not included in the standard package of rates in accordance with N.J.A.C. 8:36-6.2;
- Specification of how and when the resident will be notified of any change in charges, and a statement that each resident has the right to request written justification of any increase in charges in accordance with N.J.A.C. 8:36- 6.2;
- A statement that each resident has the right to appeal an involuntary discharge as specified at N.J.A.C. 8:36-5.14(b); and
- Specification of the criteria identified at N.J.A.C. 8:36-5.1(d) which will be used to discharge residents and an explanation of how the discharge process will be implemented, including which facility staff will participate and the extent of resident participation.
- The Department shall charge a nonrefundable fee of $1,500 plus
$15.00 per bed (for the number of licensed beds) for the filing of an application for licensure and each annual renewal of an assisted living residence or comprehensive personal care home license thereafter. The facility shall apply for a license for the maximum number of beds available in its residential units.
These fees shall not exceed the maximum caps set forth at N.J.S.A. 26:2H-12, as may be amended from time to time.
- The application shall include, but not be limited to, the following:
- An evaluation of the previous licensing track record of the proposed licensed operator in New Jersey and other states, where applicable. This evaluation shall include assisted living and other licensed health care facilities owned, operated or managed by the prospective licensed operator and any such facilities owned, operated, or managed by any entity affiliated with the proposed operator;
- The proposed licensed operator’s capacity to comply with licensing requirements;
- A description of the physical plant, including the number and type of beds requested;
- An evaluation of any requested waivers to licensing requirements that are sought in accordance with N.J.A.C. 8:36-2.7;
- A description of how the architectural design will promote the essential values of assisted living, including privacy, choice, independence, dignity and a home-like environment;
- A description of how the physical plant will facilitate the care of residents with common long-term care problems, such as reduced mobility, incontinence and dementia; and
- A statement of the proposed licensed operator’s commitment to assuring access to assisted living for individuals with nursing home level of care needs, as defined in N.J.A.C. 8:36-1.3. This statement shall indicate that within 36 months after licensure, at least 20 percent of the facility’s residents shall be individuals with nursing home-level of care needs. This percentage shall be computed based on the number of resident days per calendar year and may include direct admissions as well as maintained residents with nursing home- level of care
- In addition to the application requirements of (e) above, if an applicant is required to submit plans under N.J.A.C. 8:36-2.3, the applicant shall submit a description of how the location of the proposed facility will promote the physical integration or social connection of the residents into a neighborhood, center or other area with existing services or
- The Department shall charge a nonrefundable fee of $750.00 for the filing of an application to add bed or non-bed related services to an existing assisted living residence or comprehensive personal care
- The Department shall charge a nonrefundable fee of $375.00 for the filing of an application to reduce bed or non-bed related services at an existing assisted living residence or comprehensive personal care
- The Department shall charge a nonrefundable fee of $375.00 for the filing of an application for the relocation of an assisted living residence or comprehensive personal care
- The Department shall charge a nonrefundable fee of $1,500 for the filing of an application for the transfer of ownership of an assisted living residence or comprehensive personal care
- All applicants shall demonstrate that they have the capacity to operate an assisted living residence or program or a comprehensive personal care home in accordance with the rules in this chapter. 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 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 residents 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
- The Department shall charge a nonrefundable fee of $1,125.00 for the filing of an application for licensure and each annual renewal of an assisted living program. The application shall include, but not be limited, to the following:
- A copy of the written contract between the program provider and the publicly subsidized housing unit in accordance with N.J.A.C. 8:36-23.2(c);
- A copy of the written agreement or contract between the program provider and residents that will be used at each program site, including clearly addressing N.J.A.C. 8:36-23.3(d); and
- An evaluation of the requirements specified in (e)1 and 2
- Each licensed assisted living program office site may provide services in an area that covers no more than two contiguous counties, although the facility may apply to establish and license sufficient sites to provide services for multiple counties, up to and including a Statewide service
- Each applicant for a license to operate a facility or program may make an appointment for a preliminary conference at the Department with the Long- Term Care Licensing
- Each assisted living residence and comprehensive personal care home shall be assessed a biennial inspection fee of $1,500. This fee shall be assessed in the year the facility will be inspected, along with the annual licensure fee for that year. The fee shall be added to the initial licensure fee for new facilities. 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. This fee shall be imposed only every other year even if inspections occur more frequently and only for the inspection required to either issue an initial license or to renew an existing license. It shall not be imposed for any other type of
- Each assisted living program shall be assessed a biennial inspection fee of $750.00. This fee shall be assessed in the year the facility will be inspected, along with the annual licensure fee for that year. The fee shall be added to the initial licensure fee for new facilities. 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. This fee shall be imposed only every other year even if the inspections occur more frequently and only for the inspection required to either issue an initial license or to renew an existing license. It shall not be imposed for any other type of
8:36-2.3 Newly constructed or expanded facilities
- Any assisted living residence or comprehensive personal care home with a construction program, whether a certificate of need is required or not, shall submit plans to the Health Care Plan Review Services, Division of Codes and Standards, Department of Community Affairs, P.O. Box 815, Trenton, N.J. 08625-0815, for review and approval prior to the initiation of
- The licensure application for a newly constructed, renovated or expanded facility shall include the written final release of the physical plant construction plans by:
Health Care Plan Review Program Division of Codes and Standards
- Prior to occupying a new or renovated building, the facility shall submit a certificate of occupancy, issued by the local municipality, to the Health Care Plan Review Program of the New Jersey Department of Community Affairs (DCA), and shall submit the following items to the Long-Term Care Licensing Program of the Department of Health and Senior Services:
- A copy of the certificate of occupancy; and
- A copy of the letter from DCA recommending approval to the Department of the construction or renovation that was
- When the written application for licensure is approved and the building is ready for occupancy, a survey of the facility by representatives of the Assisted Living Assessment and Survey Program of the Department shall be conducted to determine if the facility adheres to the provisions of this
- The facility shall be notified in writing of the findings of the survey, including any deficiencies
- The facility shall notify the Assisted Living Assessment and Survey Program of the Department when the deficiencies, if any, have been corrected, and the Assisted Living Assessment and Survey Program shall schedule one or more resurveys of the facility prior to
- A license shall be issued to a facility when the following conditions are met:
- A preliminary conference to review the conditions for licensure (see
N.J.A.C. 8:36-2.2(d)1 through 8) and operation has taken place between the Long-Term Care Licensing Program and representatives of the facility, who will be advised that the purpose of the conference is to allow the Department to determine the facility’s compliance with N.J.S.A. 26:2H-1 et seq., and amendments thereto, and the rules pursuant thereto;
- The initial survey required by N.J.A.C. 8:36-2.4(a) results in a finding of substantial compliance with the requirements of this chapter;
- The completed licensure application is on file with the Department;
- The fee for filing of the application has been received by the Department;
- A copy of the admission agreement is on file with the Department;
- The applicant has submitted approvals from the local zoning, fire, health, and building authorities, and a copy of the certificate of occupancy or a certificate of continued occupancy that has been issued by the appropriate local authority, to the Long-Term Care Licensing Program of the Department;
- Written approvals of the water supply and sewage disposal system from local officials are on file with the Department for any water supply or sewage disposal system not connected to an approved municipal system; and
- Personnel are employed in accordance with the staffing requirements in this chapter.
- No facility shall admit residents to the facility until the facility has the written approval and/or license issued by the Long-Term Care Licensing Program of the Department. Violators of this requirement shall be subject to penalties for operating a facility without a license, pursuant to N.J.S.A. 26:2H-14 and N.J.A.C. 8:43E-1.
- Survey visits may be made to a facility at any time by authorized staff of the Department. Such visits may include, but not be limited to, the review of all facility documents and resident records and conferences with
- A license shall be issued if surveys by the Department have determined that the facility is in substantial compliance with the requirements of this chapter, and is operated as required by N.J.S.A. 26:2H-1 et
- A license shall be granted for a period of one year or less, as determined by the Department.
- The license shall be conspicuously posted in the
- The license shall not be assignable or transferable. The license shall be immediately void if the facility permanently ceases to operate or if its ownership
- The license, unless suspended or revoked, shall be renewed annually on the original licensure date, or within 30 days thereafter but dated as of the original licensure date. The facility will receive a request for renewal fee 30 days prior to the expiration of the license. A renewal license shall not be issued unless the licensure fee is received by the
- The license shall not be renewed if local rules, regulations and/or requirements are not met, on a case-by-case
8:36-2.6 Surrender of license
The facility shall notify each resident, the resident’s physician, and any guarantors of payment at least 30 days prior to the voluntary surrender of a license, or as directed under an order of revocation, refusal to renew, or suspension of license. In such cases, the license shall be returned to the Long- Term Care Licensing Program of the Department within seven working days after the voluntary surrender, revocation, non-renewal, or suspension of license.
- The Commissioner or his or her designee may, in accordance with the general purposes and intent of N.J.S.A. 26:2H-1 et seq., and amendments thereto, and this chapter, waive sections or part of sections of these rules if, in his or her opinion, such waiver would not endanger the life, safety, or health of residents or the
- A facility seeking a waiver of these rules shall apply in writing to the Director of the Licensing and Certification Unit of the
- A written request for waiver shall include the following:
- The specific rule(s) or part(s) of the rule(s) for which waiver is requested;
- The reasons for requesting a waiver, including a statement of the type and degree of hardship that would result to the facility upon adherence;
- An alternative proposal which would ensure resident safety; and
- Documentation to support the request for
- The Department reserves the right to request additional information before processing a request for waiver, depending upon the waiver
- All requests for waivers to the physical plant requirements in N.J.A.C. 8:36-16 and 22 shall be fully explained, justified, and made a part of the certificate of need application submitted in accordance with N.J.S.A. 26:2H-1 et seq. and N.J.A.C. 8:36-2.1(a).
8:36-2.8 Action against a license
- If the Department determines that operational or safety deficiencies exist, it may require that all admissions to the facility cease. This may be done simultaneously with, or in lieu of, action to revoke licensure and/or impose a fine and in accordance with N.J.A.C. 8:43E-1.1 et seq. The Commissioner or his or her designee shall notify the facility in writing of such
- The Commissioner may order the immediate removal of residents from a facility whenever he or she determines that there is imminent danger to any resident.
- If the Department proposes to suspend, revoke, deny, assess a monetary penalty, or refuse to renew a license, the licensee or applicant may request a hearing which shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
- Prior to transmittal of any hearing request to the Office of Administrative Law, the Department may schedule a conference to attempt to settle the
8:36-2.10 Advertisement of assisted living
Only facilities licensed as assisted living residences or comprehensive personal care homes may describe and offer themselves to the public as providing assisted living services and care or other similar services. Violation of this requirement shall constitute operation of a health care facility without a license, and shall be subject to penalty in accordance with N.J.S.A. 26:2H-14 and