New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES
Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT
Section 10:161B-2.20 - Provisional license

Universal Citation: NJ Admin Code 10:161B-2.20

Current through Register Vol. 56, No. 18, September 16, 2024

(a) DCN&L may place a substance use disorder treatment facility on provisional license status as follows:

1. Upon issuance of a Notice for Revocation or Suspension of a License, for a period extending through final adjudication of the action;

2. Upon issuance of an order for curtailment of admission, until DCN&L finds the facility has achieved substantial compliance with all applicable licensing regulations;

3. For violations of licensing regulations that have been determined to pose a threat to the safety of clients of a substance use disorder treatment facility; and/or

4. Upon a recommendation to the Federal government and/or the New Jersey Division of Medical Assistance and Health Services, for the termination of a provider agreement for failure to meet the Federal certification regulations.

(b) A facility placed on provisional license status shall be provided notice of same, in accordance with the notice requirements set forth at N.J.A.C. 10:161B-2.15. Provisional license status is effective upon receipt of the notice, although the facility may request a hearing to contest provisional license status in accordance with the requirements set forth at N.J.A.C. 10:161B-2.22. Where a facility chooses to contest provisional license status by requesting a hearing in accordance with the provisions set forth in this section and at N.J.A.C. 10:161B-2.24, provisional license status remains effective at least until the final decision or adjudication (as applicable) of the matter, or beyond, in instances where DCN&L's action is upheld, in accordance with these rules. In addition, provisional license status remains effective in cases where the underlying violations which caused the issuance of provisional licensure status are the subject of appeal and/or litigation, as applicable, in accordance with these rules.

(c) While a facility is on provisional license status, the following shall occur:

1. DCN&L shall not authorize or review any application for approval of additional beds or services filed by the facility with DCN&L ;

2. DCN&L shall notify any government agency that provides funding or third-party reimbursement to the facility or that has statutory responsibility for monitoring the quality of care rendered to clients that the facility's license has been deemed provisional and the reasons therefor. Upon resolution favorable to the facility, DOH shall notify the same government agencies and third parties; and

3. The facility shall be subject to announced or unannounced monitoring visits and or survey.

(d) While on provisional license status, DOH may place specific conditions on the facility's continued operation, including that the facility seek qualified professional and/or clinical assistance to bring itself into compliance with this chapter.

(e) A facility placed on provisional license status shall post the provisional license in a conspicuous location within the facility at all times.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.