Current through Register Vol. 56, No. 18, September 16, 2024
(a) Upon receipt
of, and approval by, the Office of Licensing of the application package, which
demonstrates compliance with
N.J.A.C.
10:44B-1.4(c) through (l),
an initial inspection shall be arranged by the Office of Licensing.
1. The applicant or licensee shall be
interviewed by the Office of Licensing during the inspection to ascertain his
or her understanding of the duties of a licensed provider.
2. The physical conditions of the home shall
be subject to inspection and full access to all areas of the home and property
shall be granted by the applicant or licensee to the licensing
representative.
(b) An
initial provisional license shall be issued if the applicant has demonstrated
that he or she has sufficient knowledge of the duties required of a licensed
provider and if the inspection provides reasonable assurance that the home will
be operated in the manner required by the standards.
1. The initial provisional license shall
permit a licensee to operate for a three-month period in which he or she shall
demonstrate his or her ability to comply with the applicable provisions of this
chapter.
2. The initial capacity of
the home shall not exceed two individuals.
3. No individual shall be placed in any
residence before an initial inspection is conducted and the residence is
approved for licensure.
(c) The residence shall be subject to
inspection by the Office of Licensing at least annually, and at any other time,
as deemed necessary, without prior notice and without limitation, to allow for
inquiry into the records, equipment, safety, sanitary conditions,
accommodations, and management of the individuals and the residence.
(d) After each inspection, the licensee shall
be provided with a copy of the inspection report. At the discretion of the
Office of Licensing, it shall be the obligation of the licensee to provide a
plan of correction.
1. Unless a plan for
earlier correction is required, the plan of correction shall be provided within
30 days of the issuance of the report.
2. The Office of Licensing may conduct
unannounced inspections to verify that deficiencies of a significant nature
have been corrected.
3. Correction
of all deficiencies shall be verified at the time of the next
inspection.
4. Failure to make such
corrections or failure to submit the plan of correction within the required
time frame shall be considered grounds for action against the licensee.
i. If, as a result of an annual inspection, a
licensee is required to provide a plan of correction and that plan has not been
successfully implemented within 30 days of the date the licensee submitted the
plan to the Office of Licensing, the individual(s) shall be removed from the
residence if the licensee's failure to implement the plan of correction could
potentially threaten the health and well-being of the individual. If the
health, safety, or well-being of an individual is immediately threatened
because of a licensee's noncompliance with the standards, the individual shall
be removed from the residence, and the licensee shall be subject to negative
licensing action.
ii. The
Department shall impose a penalty in an amount of $ 350.00 per day on the
licensee for two or more failures to implement a required plan of correction
developed in response to an annual licensing inspection.
iii. If two or more failures to implement a
required plan of correction developed in response to an annual licensing
inspection endangers the health and well-being of an individual, the Office of
Licensing, may, upon notice and after hearing, revoke the
license.
(e)
The license shall be issued by the Department only to a person or persons and
is not transferable to any other person or address. All licenses remain the
property of the Department and shall be returned upon termination.
(f) The license shall be kept on the premises
at all times and shall be made available upon request.
(g) The Office of Licensing shall annually
conduct routine unannounced visits of 10 percent of community care residences
Statewide. These visits shall include a review of financial records, including
receipts for purchases and disbursement.
(h) The license shall specify the total bed
capacity of the home, excluding family members. The licensee shall at no time
exceed the licensed bed capacity of the residence.
(i) The community care residence shall be the
licensee's primary domicile.
(j) No
licensee shall operate more than one community care residence.
(k) Waivers or variances of specific
standards may be granted at the discretion of the Department, provided that:
1. Strict enforcement of the rule would
result in unreasonable hardship on the residence;
2. The waiver or variance is not simply for
the convenience of the licensee or other occupants of the home;
3. The waiver or variance is in accordance
with the particular needs of an individual(s);
i. The waiver or variance does not adversely
affect the health, safety, welfare, or rights of any individual.
ii. Verification that the waiver or variance
comports with the individual needs of the person(s) residing in the residence
may be requested from the case manager by the Office of Licensing;
and
4. The waiver is
requested in writing by the licensee complete with substantial detail
justifying the request.
