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PO Box 360
Trenton, NJ 08625-0360

For Release:
May 17, 2010

Poonam Alaigh, MD, MSHCPM, FACP
Commissioner

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Office of Communications
(609) 984-7160


 
Department of Health and Senior Services Proposes to Readopt N.J.A.C. 8:34, the Rules for Licensing Nursing Home Administrators and Rules Regulating the Nursing Home Administrators Board, With Repeals, Amendments and New Rules


 

The Department of Health and Senior Services (Department), in consultation with the Nursing Home Administrators Board, today proposes to readopt N.J.A.C. 8:34, the Rules for Licensing Nursing Home Administrators and Rules Regulating the Nursing Home Administrators Board, and proposes repeals, amendments, and new rules.

The chapter establishes minimum standards for the education, experience, continuing education, and process for discipline of individuals acting as administrators of nursing homes to ensure safe and adequate treatment of all individuals in nursing homes.

Significant among proposed changes to the chapter are the following:

Ø       The Department proposes to amend N.J.A.C. 8:34-3.1 to increase the minimum age of eligibility to apply for a license as a nursing home administrator from 18 to 21.

Ø       The Department proposes to delete references throughout the chapter to “administrators in training” or “assistant administrators,” terms used to refer to prospective applicants for licensure serving the required internship, and to add in their stead references to “administrative interns,” for consistency.

Ø       The Department proposes to amend N.J.A.C. 8:34-6.6 to require administrators to notify the Board in writing within 15 calendar days of any change in the administrator’s home address or place of employment.

Ø       The Department proposes to amend N.J.A.C. 8:34-6.7 to require individuals seeking licensure by equivalency to have worked at least two years, instead of one, within three years, instead of two, in an out-of-State nursing home.

Ø       The Department proposes to amend N.J.A.C. 8:34-7.2 to require administrators to attest, by signature on a renewal application, as to the completion of the continuing education requirement, and to establish penalties for the falsification of any information on a renewal application.

Ø       The Department proposes to amend N.J.A.C. 8:34-7.3 to establish a list of continuing education providers from which the Board would accept continuing education credits.

Ø       The Department proposes to repeal N.J.A.C. 8:34-7.4, which provides for Board review and approval of entities sponsoring and/or offering continuing education courses.

Ø       The Department proposes to repeal existing Subchapter 8, Suspension, Revocation, Sanctions and Hearings, add new Subchapter 8, Administrative Practice Violations and Due Process, and to reorganize the subchapter.

Ø       The Department proposes to amend N.J.A.C. 8:34-9 to delete all fees relating to continuing education approvals, because upon the adoption of the proposed amendment at N.J.A.C. 8:34-7.3 described above, the Board would no longer review applications from entities seeking to provide continuing education courses.

Ø       The Department proposes to amend N.J.A.C. 8:34-9 to increase fees for duplicate licenses from $10.00 to $25.00, to more accurately reflect the expense to the Department to provide an applicant with a duplicate license, and to increase the penalty for failing to report changes in name, home address, or place of employment when serving as the administrator of record from $10.00 to $50.00 when one through 15 days late, from $40.00 to $100.00 when 16 through 30 days late, and from $40.00 plus $2.00 per day when 31 days or more late to $100 plus $5.00 per day.

The notice of proposal appears in the May 17, 2010, issue of the New Jersey Register.  Free on-line public access to the New Jersey Administrative Code and the New Jersey Register is available at http://lexisnexis.com/njoal.

The public has until July 16, 2010, to comment on the proposal.  Persons wishing to comment on the proposal must submit their comments in writing to Ruth Charbonneau, Director, Office of Legal and Regulatory Affairs, New Jersey Department of Health and Senior Services, PO Box 360, Trenton, NJ 08625-0360.  Written comments on the proposal must be postmarked on or before July 16, 2010, which is the close of the 60-day public comment period.

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