The Office of Certificate of Need and Healthcare Facility Licensure in the Health Systems Branch of the Department of Health (Department) is proposing, with the approval of the Health Care Administration Board, a Readoption with Amendments at N.J.A.C. 8:43D, Repeals and New Rules at N.J.A.C. 8:43D-12.3 and 8:43D Appendices A and B, Proposed Repeals of N.J.A.C. 8:43D-5.4 through 5.10, and Proposed Recodifications with Amendments at N.J.A.C. 8:43D-5.11, 5.12, 5.13 as 5.4, 5.5, 5.6, respectively, to continue in force and effect the Standards for Licensure of Pediatric Community Transitional Homes. These rules implement the Health Care Facilities Planning Act as set forth at N.J.S.A. 26:2H, which requires the Department to establish and maintain standards and procedures for licensing health care facilities and institute additional health care services that ensure efficient and effective health care delivery in the State.
The proposed rulemaking governs pediatric community transitional homes, which are residences that provide a coordinated array of supportive health care and personal and social services for medically fragile children in New Jersey. This chapter was scheduled to expire on April 16, 2016, pursuant to N.J.S.A. 52:14B-5.1. In accordance with N.J.S.A. 52:14B-5.1.c(2), the timely filing of this notice of proposal with the New Jersey Office of Administrative Law extended the expiration date of N.J.A.C. 8:43D by 180 days to October 13, 2016.
One of the more significant changes to the chapter is the proposed qualification for the position of “medical director” of a pediatric community transitional home that would require a physician to be board certified, or eligible for board certification, by either the American Board of Medical Specialties or the American Osteopathic Association, as either a pediatrician or family physician, at proposed N.J.A.C.8:43D-1.3. Another proposed amendment at N.J.A.C. 8:43D-1.3 would require prospective applicants for licensure or for waiver of licensure standards in this chapter to secure such application forms electronically on the Department’s forms webpage at: www.nj.gov/health/forms instead of by phone or mail request to the Department’s offices. In addition, another significant proposed change at N.J.A.C. 8:43D-15.4 would require all personnel who have direct contact with residents to be tested for tuberculosis exposure, measles, and rubella, in accordance with the latest guidance from the Centers for Disease Control and Prevention of the U.S. Department of Health and Human Services. This proposed change, specifically, would include testing volunteers who come into direct contact with residents, as well as employees and persons hired on contract.
This proposal appears in the June 6, 2016 issue of the New Jersey Register. Persons who wish to comment on the proposal must submit written comments either (1) electronically by August 6, 2016 to http://www.nj.gov/health/legal/ecomments.shtml or (2) by regular mail postmarked on or before August 6, 2016, to Joy L. Lindo, Director, Office of Legal and Regulatory Compliance, New Jersey Department of Health, PO Box 360, Trenton, NJ 08625-0360.
LexisNexis provides interested individuals free online access to the New Jersey Register at http://www.lexisnexis.com/njoal. An unofficial copy of the proposal is also available on the Department’s website at http://nj.gov/health/legal/open.shtml.
