N.J. Admin. Code § 8:43A-3.3

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

Section 8:43A-3.3 - Ownership

(a) The licensee shall disclose the ownership of the facility and the property on which it is located to the Department, shall make proof of this ownership available in the facility or at a designated location, and shall report any proposed change in ownership to the Director of the Division of Certificate of Need and Licensing in writing at least 30 days prior to the change and in conformance with requirements for Certificate of Need applications.

1. The Department shall not approve a change in ownership if the facility's ambulatory care facility assessments are in arrears, unless and until the arrears are satisfied.

2. If a facility appeals an assessment in accordance with N.J.A.C. 8:31A-2.3, a change in ownership may proceed, as long as the licensee establishes an escrow account specifically dedicated to the payment of the assessment containing the amount of the unpaid assessment that is under appeal.

3. If the Department approves a change in ownership under the circumstances in (a) 2 above, the approval shall be a conditional approval that is conditioned upon payment of the assessment upon conclusion of the appeal (in addition to any other substantive licensure conditions the Department may require of a facility to meet other standards this chapter establishes).

(b) No facility shall be owned, managed, or operated by any person convicted of a crime relating adversely to the person's capability of owning, managing, or operating the facility.

N.J. Admin. Code § 8:43A-3.3

Amended by R.2008 d.24, effective 1/22/2008.
See: 39 N.J.R. 2309(a), 40 N.J.R. 702(a).
Rewrote (a).
Amended by R.2021 d.039, effective 5/3/2021.
See: 51 N.J.R. 1316(a), 53 N.J.R. 703(a).
In the introductory paragraph of (a), deleted "Office of" preceding "Certificate" and inserted "Program".
Notice of readoption with technical change, effective 1/3/2022.
See: 54 N.J.R. 60(a).