N.J. Admin. Code § 8:97-4.1

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

Section 8:97-4.1 - Enforcement remedies and procedures

(a) In accordance with applicable enforcement procedures, and in addition to available enforcement remedies at N.J.A.C. 8:43E-3, and subject to (b) below, the Department may assess civil monetary penalties pursuant to N.J.S.A. 26:2H-13 and 14, as well as N.J.S.A. 26:2H-46.12, for violations of this chapter as follows:

1. For failure to comply with the requirements set forth in this chapter, in regard to financial, operational, and clinical reporting and posting of applicable information, or to timely submit an attestation and plan of correction for any areas of noncompliance, up to $ 200.00 per day until compliance occurs; and

(b) The Department may assess a penalty that is less than the maximum amount authorized pursuant to (a) above, upon consideration of:

1. A nursing home's compliance history;

2. The number, frequency, or severity of the violations;

3. The measures a nursing home takes to mitigate the effects of a violation or to prevent future violations;

4. The deterrent effect of the penalty; and

5. Mitigating circumstances that are particular to the nursing home or the violation.

N.J. Admin. Code § 8:97-4.1

Adopted by 56 N.J.R. 433(a), effective 3/18/2024