New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 37G - SHORT TERM CARE FACILITY STANDARDS
Subchapter 2 - OPERATIONAL STANDARDS
Section 10:37G-2.7 - Designation and redesignation

(a) A candidate for STCF designation shall submit a certificate of need application to the DOH and respond to whatever follow-up application questions DOH and the Division may have. DOH and the Division shall review all statements and responses by the applicant. Pursuant to the certificate of need rules and subsequent to consultation with the Division, DOH shall approve or disapprove the application and shall so notify the applicant.

(b) Application for designation as a STCF must be submitted to the Division a minimum of 60 days prior to the planned STCF implementation.

(c) Each applicant seeking designation as an STCF shall receive a site review by Department staff. Thereafter, redesignation reviews shall be conducted every other year by Department staff. STCF staff shall conduct a self-assessment in the year that a Department review does not occur.

(d) Site reviews shall assess whether the STCF services are provided according to the rules set forth in this chapter.

(e) Site reviews may include, but need not be limited to, a review of statistical and patient information, the self-assessment, and other documents submitted by the STCF. Reviews may be followed by a visit to the STCF unit by Department staff to review clinical records, to observe programming, to interview STCF administration and staff, and to evaluate the physical environment.

(f) On behalf of the Commissioner of the Department , the Assistant Commissioner for Mental Health and Addiction Services, in consultation with the Division Assistant Director , shall make the determination for designation or redesignation and shall notify the STCF of the determination.

(g) Revocation of designation may occur if it is determined by the Division that a STCF is not in compliance with applicable rules or if the life or safety of patients is endangered.

(h) In the event that the Division does not designate the STCF, written notice shall be sent to the STCF's executive director or designee and to the STCF's president of the board of directors by the Division providing the basis for the decision.

(i) Whenever designation is denied, revoked, or not renewed and the STCF disputes the basis for the action, the STCF may apply to the Assistant Commissioner for Mental Health and Addiction Services for review and submit relevant written material for the Director's reconsideration. A decision shall be rendered within 30 days of the receipt of the written request for a review.

(j) The STCF shall inform the Division of any proposed changes affecting its bed complement, in accordance with 10:37G-2.8.

(k) If the STCF chooses to appeal the decision of the Assistant Commissioner for Mental Health and Addiction Services made pursuant to this section, the STCF may request an administrative hearing, which shall be conducted pursuant to the Administrative Procedures Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The Commissioner, upon a review of the record submitted by the administrative law judge, shall adopt, reject, or modify the recommended report and decision no later than 45 days after receipt of such recommendations, pursuant to 52:14B-10.