N.J. Admin. Code § 8:41-12.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:41-12.5 - Action against an unlicensed entity

(a) Consistent with 8:41-9.1, 10.1 and 11.1, no person, public or private institution, agency, entity, corporation, acute care hospital or business concern shall operate a mobile intensive care program, specialty care transport service or air medical service within the State of New Jersey until licensed by the Department.

1. Upon notice or discovery that a person, public or private institution, agency, entity, corporation, acute care hospital or business concern is providing mobile intensive care, specialty care transport and/or air medical services without having first obtained the required provider and vehicle licenses, after revocation or suspension of a license previously issued by the Department or after having allowed an existing license to lapse, the Commissioner or his or her designee may issue an order directing the operation of the unlicensed service to immediately cease and desist.

i. Failure to comply with an order to cease and desist may result in an action by the Department for injunctive relief in the Superior Court of New Jersey.

ii. The order to cease and desist shall constitute a final agency decision. As such, pursuant to New Jersey Court Rule 2:2-3, any appeal from the Commissioner's order to cease and desist shall be filed with the Superior Court of New Jersey, Appellate Division.

iii. Orders to cease and desist shall be considered public information and shall be posted on the OEMS website (http://www.state.nj.us/health/ems) as a public notice. Orders to cease and desist shall remain posted on the OEMS website permanently or until such time as a license is issued by the Department.

2. In addition to the issuance of an order to cease and desist, the Commissioner or his or her designee may:

i. Place a vehicle in DIOOS status and place an official Department "Out-of-Service" sticker on the window of any vehicle it knows or has reason to believe is being operated by any person, public or private institution, agency, entity, corporation, acute care hospital or business concern that is not licensed to operate a mobile intensive care program, specialty care transport service or air medical service in New Jersey. Utilization of the vehicle shall immediately cease once an "Out-of-Service" sticker has been placed on the vehicle. The "Out-of-Service" sticker shall not be removed except by an authorized representative of the Department upon the issuance of a provider license and a vehicle license;

ii. Impose a monetary penalty in the amount of $200.00 per calendar day for each day that a service is found to have operated without a license. In addition, the Department may impose a penalty in the amount of $200.00 per calendar day/per vehicle for each day that each unlicensed vehicle is utilized, as well as an additional $500.00 per calendar day/per vehicle if the "Out-of-Service" sticker has been destroyed, distorted and/or removed from the vehicle; and/or

iii. Refuse to issue or renew any subsequent licenses.

N.J. Admin. Code § 8:41-12.5