Existing N.J.A.C. 8:43F establishes Standards for Licensure of Adult and Pediatric Day Health Services Facilities.  Existing N.J.A.C. 8:86 establishes standards for Medicaid clinical eligibility for Adult and Pediatric Day Health Services.  The Department is proposing amendments, repeals, and new rules to separate the standards for adult facilities from pediatric facilities by limiting the applicability of N.J.A.C. 8:43F and 8:86 to adult facilities exclusively, and by establishing new N.J.A.C. 8:43J and 8:87 to contain the standards applicable exclusively to pediatric facilities.  The changes to the licensure standards and the Medicaid eligibility standards appear in two separate notices of proposal contained in the November 3, 2008, issue of the New Jersey Register.

The proposed amendments, repeals, and new rules at N.J.A.C. 8:43F would rename the chapter to Standards for Licensure of Adult Day Health Services Facilities, and would make the chapter applicable exclusively to adult day health services facilities.  The Department is proposing to delete from this chapter references, and licensure standards applicable, to pediatric day health services facilities, and is proposing technical changes throughout this chapter and to N.J.A.C. 8:43E-10.2 governing scope of the patient safety standards and N.J.A.C. 8:82-5.2 governing the Statewide Respite Care Program provider agency standards.

Similarly, the proposed amendments, repeals, and new rules at N.J.A.C. 8:86 would rename the chapter to Adult Day Health Services Facilities, and would make the chapter applicable exclusively to Medicaid clinical eligibility for adult day health services facilities.  The Department is proposing to delete from this chapter references, and Medicaid clinical eligibility standards applicable, to pediatric day health services facilities, and is proposing technical changes throughout this chapter.

The Department is proposing new rules at N.J.A.C. 8:43J, Standards for Licensure of Pediatric Medical Day Care Facilities, and at N.J.A.C. 8:87, Pediatric Medical Day Care Services.  The proposed new rules would implement measures responsive to findings in a 2003 Office of Legislative Services audit of the existing program, and to recommendations of the Department-designated Pediatric Medical Day Care Study Team convened in 2003.  The Commissioner is authorizing the proposed amendments, repeals, and new rules at N.J.A.C. 8:43F and the proposed new rules at N.J.A.C. 8:43J with the approval of the Health Care Administration Board.

The notices of proposal appear in the November 3, 2008 issue of the New Jersey Register.  The public has until January 2, 2009, to comment on the notices of proposal.  Comments on the proposal addressing the facility licensure standards at N.J.A.C. 8:43F and 8:43J must be submitted separately from comments on the proposal addressing the Medicaid clinical eligibility standards at N.J.A.C. 8:86 and 8:87.  Written comments must be submitted by regular mail and postmarked on or before January 2, 2009, which is the close of the 60-day public comment period.  The Department will not treat telefacsimiles and electronic mail as official comments on the proposals.

Persons wishing to comment on the proposed amendments, repeals, and new rules governing facility licensure standards at N.J.A.C. 8:43F and 8:43J must submit their comments in writing by regular mail to Ruth Charbonneau, Director, Office of Legal and Regulatory Affairs, Office of the Commissioner, Department of Health and Senior Services, PO Box 360, Trenton, NJ 08625-0360.

Persons wishing to comment on the proposed amendments, repeals, and new rules governing Medicaid clinical eligibility standards at N.J.A.C. 8:86 and 8:87 must submit their comments in writing by regular mail to Ruth Charbonneau, Director, Office of Legal and Regulatory Affairs, Office of the Commissioner, Department of Health and Senior Services, PO Box 360, Trenton, NJ 08625-0360.

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