New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 31 - SCREENING AND SCREENING OUTREACH PROGRAM
Subchapter 10 - PLANNING
Section 10:31-10.2 - Withdrawal of designation as screening service
Universal Citation: NJ Admin Code 10:31-10.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Division may act to withdraw designation status before expiration thereof if one of the following occur:
1. The screening service
notifies the Division of its intent to terminate its contract for no
cause;
2. The Division notifies the
screening service that the contract will be terminated for cause or because of
default.
i. For purposes of this provision,
"default" shall mean that the screening service has materially failed to
fulfill or comply with the terms and conditions of its contract with the
Division to provide screening services for a geographic area;
3. The screening service has
failed to comply or is no longer able to comply with the screening law
(30:4-27.1 et seq.) or this
chapter;
4. The screening service
has made a willful misstatement of, or omitted revealing, a material fact or
facts in its dealings with the Division or the public that have or could have
impacted on its receipt of designated status in the first instance;
5. The screening service failed to provide
all information required by this chapter or requested by the
Division;
6. The screening service
acted or failed to act in a manner that was or could have been detrimental to
the Department, consumers, screening service or hospital staff or the general
public including, but not limited to, adjudged criminal activity that has been
committed by the screening service staff, board members or officers;
7. Continued designation threatens the
efficient and expeditious operation of the screening service's mission in the
Statewide acute care system, such that it interferes with the delivery of vital
psychiatric services to consumers; or
8. Continued designation presents a risk of
harm to the health, safety or welfare of consumers, staff or the general
public.
(b) The screening service shall be advised of the following in the Division's written notice:
1. That its designation status is
being withdrawn;
2. The effective
date of the withdrawal;
3. That
within five days of its receipt of the notice, the screening service may
request a meeting with the appropriate regional assistant director and regional
coordinator to informally review the grounds for the withdrawal; and
4. That a request for an informal review of
the withdrawal does not stay the withdrawal of designation.
(c) After conclusion of the informal review process, the screening service may request further review by the Assistant Commissioner for Mental Health Services or his or her designee.
1. The decision of the Assistant Commissioner
or the designee shall be the final agency decision.
2. Any challenge to the Division's final
agency decision applying the criteria in
10:31-10.2(a)3
through 8 may be appealed to the Appellate Division of the Superior Court of
New Jersey.
3. Any challenge to the
Division's decision to withdraw designation based on
10:31-10.2(a)1
or 2 may be challenged by bringing an action pursuant to the New Jersey
Contractual Liability Act.
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