N.J. Admin. Code § 8:43D-4.2

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

Section 8:43D-4.2 - Ownership

(a) The ownership of the facility, as well as the property on which it is located shall be disclosed to the Department.

1. A facility shall report a proposed change in ownership in writing to the Director of the Office of Certificate of Need and Healthcare Facility Licensure, in conformity with 8:43D-2.4(d)2.

(b) No facility shall be owned or operated by any person convicted of a crime, including, but not limited to, the following:

1. A crime involving moral turpitude including, but not limited to, sexual assault or attempted sexual assault;

2. Violation of the Federal Organized Crime Control Act of 1970, 18 U.S.C. §§ 1961 et seq., or the commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, perjury, false swearing, receiving stolen property, obstruction of justice or any other offense indicating a lack of business integrity or honesty;

3. Violation of the "Law Against Discrimination," 10:5-1 et seq., or of the "Act Banning Discrimination in Public Works Employment," 10:2-1 et seq.;

4. Violation of any laws governing hours of labor, minimum wage standards, prevailing wage standards, discrimination in wages, or child labor;

5. Presentment for allowance or payment of any false or fraudulent claim for services or merchandise; and

6. Submitting false information for the purpose of obtaining greater compensation than that to which the person is legally entitled.

(c) In accordance with 2A:168A-1et seq., an applicant for licensure as an operator of a pediatric community transitional home who has been convicted of any of the violations at (b) above may apply to the Department for a licensure eligibility determination notwithstanding the conviction, and in support thereof, may submit:

1. Documentation showing that the conviction does not relate adversely to the applicant's licensure as an operator of a pediatric community transitional home and that the crimes of which the applicant was convicted would not impair the applicant's ability to provide care to children in a safe manner;

2. Evidence of rehabilitation pursuant to 2A:168A-3to a degree that the applicant obtaining licensure to provide care to children would not be incompatible with the welfare of society; or

3. A certificate issued pursuant to 2A:168A-7suspending restrictions from the applicant obtaining licensure to provide care to children.

(d) The owner or governing authority of the facility or program shall assume legal responsibility for the management, operation, and financial viability of the facility or program.

N.J. Admin. Code § 8:43D-4.2

Amended by 48 N.J.R. 2336(a), effective 11/7/2016