PO Box 360
Trenton, NJ 08625-0360

For Release:
June 19, 2023

Judith M. Persichilli
Commissioner

For Further Information Contact:
Office of Communications
(609) 984-7160

New Jersey Department of Health Proposes Rulemaking Affecting N.J.A.C. 8:39, and the Standards for Licensure of Long-term Care Facilities and N.J.A.C. 8:43E, the General Licensure Procedures and Standards Applicable to All Licensed Facilities

The New Jersey Department of Health (Department), with the approval of the Health Care Administration Board, today proposes a new rule and an amendment in the Standards for Licensure of Long-term Care Facilities at N.J.A.C. 8:39 and proposes an amendment to the General Licensure Procedures and Standards Applicable to All Licensed Facilities at N.J.A.C. 8:43E.

The Department proposes a new rule at N.J.A.C. 8:39-25.3, Mandatory direct care staff-to-resident ratios, to fulfill the Department’s rulemaking obligation pursuant to N.J.S.A. 30:13-19, which requires the Department to promulgate rules implementing the minimum direct care staff-to-resident ratios for nursing homes established at N.J.S.A. 30:13-18.  The Department proposes to amend existing N.J.A.C. 8:43E-3.4, Civil monetary penalties, to establish the penalties for noncompliance with the staffing ratio rule.

The Department proposes to amend existing N.J.A.C. 8:39-43.1, Nurse aide competency, to recognize a certified homemaker-home health aide, who is enrolled in a qualified certified nurse aide program and working toward certification as a certified nurse aide, as competent to serve as a certified nurse aide in a nursing home.

The notice of proposal appears in the June 19, 2023, issue of the New Jersey Register.  Persons wishing to comment on the proposal must submit written comments either: (1) electronically on or before August 19, 2023 at www.nj.gov/health/legal/ecomments.shtml, or (2) by regular mail postmarked on or before August 19, 2023 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 free online access to the New Jersey Register at www.lexisnexis.com/njoal.  An unofficial copy of the notice of proposal is available from the Department’s website at nj.gov/health/legal/rules/notice-of-rule-proposals.

Last Reviewed: 6/19/2023