Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Division
may act immediately to suspend or terminate the designation status of a
screening service without following the procedures delineated in
10:31-10.2, in the event that the
Division determines that one of the following emergent circumstances exist and
threatens public health, safety and welfare:
1. A screening service has failed to perform
its responsibilities in a manner that is consistent with the screening law
(30:4-27.1 et seq.) and this
chapter, including, but not limited to, failure to comply with the terms of a
waiver or waiver conditions;
2. A
screening service has lost the capacity to comply with the screening law
(30:4-27.1 et seq.) and this
chapter; or
3. A significant change
in conditions has occurred since designation of the screening service that has
impaired its ability to perform its responsibilities as a designated screening
service.
(b) A screening
service whose designation status has been suspended or terminated on an
emergency basis may appeal such suspension or emergency termination by
complying with the following procedures:
1.
The screening service and other interested parties may request a meeting with
the appropriate regional assistant director and regional coordinator within
three business days of the suspension or emergency termination to resolve the
issues;
2. If the parties fail to
timely resolve the dispute by mutual agreement, the screening service may
submit, within three business days of its meeting with the regional Division
representative, a written appeal request to the Assistant Commissioner for
Mental Health Services. In this written appeal request, the screening service
shall justify its position that its screening designation should not be
suspended or terminated;
3. The
Assistant Commissioner for Mental Health Services shall issue a final agency
decision within seven days after receiving the request, upholding the
suspension or termination or reversing it and reinstating the screening
designation; and
4. An adverse
final agency decision may be appealed to Appellate Division of the Superior
Court of the State of New Jersey.
(c) Where the emergent termination or
suspension of screening service status leaves a geographic area without a
requisite screening service, the Division may designate screening service
status, on an interim basis, to an entity that meets the qualifications of
30:4-27.1 et seq. and this
chapter, without invoking the full process for designation delineated at
10:31-10.1.
1. Interim designation shall be of a duration
sufficient to provide screening services to the relevant area until a new
screening service can be designated under the procedures set forth in
10:31-10.1.
2. Where necessary and according to the
Division's determination, interim designation may be issued with one or more
waivers in accordance with the standards delineated at
10:31-11.1.
