New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES
Subchapter 18 - ENFORCEMENT REMEDIES
Section 5:27A-18.9 - Revocation of a license
Universal Citation: NJ Admin Code 5:27A-18.9
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A Notice of the Proposed Revocation of a residential health care facility license may be issued in the following circumstances:
1. The facility has failed to comply with
licensing requirements, posing an immediate and serious risk of harm or actual
harm to the health, safety, and welfare of patients or residents, and the
facility has not corrected such violations in accordance with an approved plan
of correction or subsequent to imposition of other enforcement remedies issued
pursuant to these rules;
2. The
facility has exhibited a pattern and practice of violating licensing
requirements, posing a serious risk of harm to the health, safety and welfare
of residents or patients. A pattern and practice may be demonstrated by the
repeated violation of identical or substantially-related licensing regulations
during three consecutive surveys, or the issuance of civil monetary penalties
pursuant to
5:27A-18.4 or other enforcement
actions for unrelated violations on three or more consecutive
surveys;
3. Failure of a licensee
to correct identified violations which had led to the issuance of an order for
suspension of a license, pursuant to
5:27A-3.6 or 3.8; or
4. Continuance of a facility on provisional
licensure status for a period of 12 months or more.
(b) The notice shall be served in accordance with 5:27A-18.2, and the facility has a right to request a hearing pursuant to 8:43E-4.1.
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