N.J. Admin. Code § 5:19-3.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:19-3.1 - Contents of application for certification

(a) The application for certification shall contain the following documents and information:

1. An irrevocable appointment of the Department to receive service of any lawful process in any noncriminal proceeding arising under the Act against the provider or his agents;

2. The States or other jurisdictions, including the Federal Government, in which an application for certification or similar documents for the subject facility have been or will be filed and any order, judgment or decree entered in connection therewith by the regulatory authorities in each of the jurisdictions or by any court or administrative body thereof;

3. The names and business addresses of the officers, directors, trustees, managing or general partners and any person having a 10 percent or greater equity or beneficial interest in the provider and a description of that person's interest in or occupation with the provider;

4. Copies of the articles of incorporation, with all amendments thereto, if the provider is a corporation; copies of all instruments by which the trust is created or declared, if the provider is a trust; copies of the articles of partnership or association and all other organization papers if the provider is organized under another form. In the event the provider is not the legal title holder to the property upon which the facility is or is to be constructed, the above documents shall be submitted for both the provider and the legal title holder;

5. A legal description by metes and bounds or other acceptable means of the lands to be certified, and the relationship of such lands to existing streets, roads and other improvements, together with a map showing the proposed or actual facility and showing the dimensions of the living units as available, except for living units that are completed and available for inspection. The aforesaid map shall be drawn to scale, signed and sealed by a licensed professional engineer or land surveyor;

6. Copies of the deed or other instrument establishing title of the provider and a title search, title report or title certificate or binder or policy issued by a licensed title insurance company;

7. A statement concerning any litigation, orders, judgments or decrees which might affect the offering;

8. A statement that the continuing care agreements will be offered to the public and entered into without regard to marital status, sex, race, creed or national origin or, if not, any legally permissible restrictions on purchase that will apply;

9. A statement of the present conditions of physical access to the facility, and the existence of any material adverse conditions that affect the facility, that are known, should be known or are readily ascertainable;

10. Copies of all contracts and agreements which the resident may be required to execute;

11. In the event there is or will be a blanket encumbrance affecting the facility or a portion thereof, a copy of the document creating it and a statement of the consequences upon a resident of a failure of the person bound to fulfill the obligations under the instrument and the manner in which the interest of the resident is to be protected in the event of such eventuality;

12. One copy of the proposed disclosure statement;

13. A current financial statement of the provider and any related predecessor, parent or subsidiary company, including but not limited to a current profit and loss statement and balance sheet audited by an independent public accountant;

14. A statement concerning any adjudication of bankruptcy during the last five years against the provider, its predecessor, parent or subsidiary company and any principal owning more than 10 percent of the interests in the facility at the time of the filing of the application for certification. This requirement shall not extend to limited partners or those whose interests are solely those of investors;

15. Copies of all easements and restrictions, whether of record or not;

16. A statement as to the status of compliance with all the requirements of all laws, ordinances and regulations of governmental agencies having jurisdiction over the construction, permitting and licensing of the facility, including but not limited to any permits required by the Department of Environmental Protection together with copies of all necessary Federal, State, county and municipal approvals;

17. A statement that neither the provider nor any of its officers or principals have ever been convicted of a crime in this State or a foreign jurisdiction, and that the provider has never been subject to any permanent injunction or final administrative order restraining a false or misleading promotional plan involving continuing care facility disposition or if so, copies of all pleadings and orders in regard thereto;

18. A projected annual budget for the facility for the next five years, or such lesser time as the Department allows, together with a financial feasibility study prepared according to Generally Accepted Accounting Principles, as established by the American Institute of Certified Public Accountants, which study shall include an opinion letter as to the financial feasibility of the facility;

i. In the event that the provider of a new facility can establish to the Commissioner's satisfaction that it cannot obtain an acceptable opinion letter at the time of the initial certification, the Commissioner may allow the provider to defer compliance with said requirement until such time as the provider has obtained binding contracts on 50 percent of the units in the facility; provided that, notwithstanding the provisions of 5:19-7.4, all entrance fees shall remain in escrow until the Commissioner has received an acceptable feasibility study and opinion letter as aforesaid.

19. Copies of market studies, if any, prepared on the behalf of the provider, concerning the feasibility of the project;

20. An affidavit, signed by the provider, that the contents of the application are true and accurate and made in good faith; and

21. Such other additional information as the Department may require in individual cases after review of an application for certification to assure full and fair disclosure.

N.J. Admin. Code § 5:19-3.1

Amended by R.1991 d.175, effective 4/1/1991.
See: 23 New Jersey Register 3(b), 23 New Jersey Register 1028(a).
In (a)18, added financial feasibility study, opinion letter and i.