Current through Register Vol. 56, No. 6, March 18, 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.
