Current through Register Vol. 56, No. 18, September 16, 2024
(a) Pursuant to
N.J.S.A. 26:2H-13 and 14,
the Commissioner may assess a penalty for violation of licensure rules in
accordance with the following standards:
1.
For operation of a residential health care facility without a license, or
continued operation of a residential health care facility after suspension or
revocation of a license, $ 1,000 per day from the date of initiation of
services;
2. For violation of an
order for curtailment of admissions, $ 250.00 per patient, per day from the
date of such admission to the date of discharge or lifting of the curtailment
order;
3. For failure to obtain
prior approval from the DCA Residential Health Care Licensure Program for
occupancy of an area or initiation of a service following construction or
application for licensure, $ 250.00 a day;
4. For construction or renovation of a
residential health care facility without the Department's approval of
construction plans, $ 1,000 per room or area renovated and immediate suspension
of use in the room or area from the date of initial use until determined by the
Department to be in compliance with licensure standards. This determination
shall take into account any waivers granted by the Department;
5. For the transfer of ownership of a
residential health care facility without prior approval of the Department, $
500.00 per day from the date of the transfer of interest to the date of
discovery by the Department. Such fine may be assessed against each of the
parties at interest;
6. For
maintaining or admitting more patients or residents to a residential health
care facility than the maximum capacity permitted under the license, $ 25.00
per patient per day plus an amount equal to the average daily charge collected
from such patient or patients;
7.
For all violations of licensure regulations related to patient care or physical
plant standards, a penalty up to the statutory maximum of $ 5,000 may be
assessed.
8. For failure to report
information to the Department as required by statute or licensing regulation,
after reasonable notice and an opportunity to cure the violation, $ 250.00 per
day; and
9. For violations of rules
governing the prohibition of mandatory overtime contained in N.J.A.C. 8:43E-8,
$ 1,000 per violation, which may be assessed for each day noncompliance is
found.
(b) Except for
violations deemed to be immediate and serious threats, the Department may
decrease the penalty assessed in accordance with (a) above, based on the
compliance history of the facility; the number, frequency and/or severity of
violations by the facility; the measures taken by the facility to mitigate the
effects of the current violation, or to prevent future violations; the
deterrent effect of the penalty; and/or other specific circumstances of the
facility or the violation.
(c) The
Department may increase the penalties in (a) above up to the statutory maximum
per violation per day in consideration of the economic benefit realized by the
facility for noncompliance.
