N.J. Admin. Code § 8:33-3.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 8:33-3.5 - Buildings

(a) The following criteria apply to buildings:

1. Regardless of cost, a certificate of need is required for the establishment of a new health care facility unless the facility type is specifically exempted from the certificate of need requirement pursuant to section 19 (N.J.S.A. 26:2H-7a), as amended by P.L. 1998, c. 43, or otherwise exempted pursuant to this chapter. The certificate of need application shall be subject to the full review process, except as provided for at N.J.A.C. 8:33-5.1(a).

2. Replacement at the same site of an existing licensed health care facility that is subject to the certificate of need requirement shall be exempt from the certificate of need requirement, providing such replacement meets the following criteria:

i. The facility proposed for replacement is not licensed as a general hospital;

ii. The existing facility proposed for replacement is not adding beds or services within any licensure and/or health planning category that is subject to the certificate of need requirement to its total licensed bed or service complement not previously offered by the applicant at the existing facility already approved by the Department's Certificate of Need and Acute Care Licensure Program or Long Term Care Licensing and Certification Program, as applicable;

iii. All direct patient services in the existing facility shall cease operation once the replacement facility is licensed; and

iv. The replacement facility shall be located at the existing site.

3. The relocation of an entire licensed health care facility that is subject to the certificate of need requirement to a new site outside the same planning region as the existing facility site shall not be permitted.

4. The relocation of an entire licensed health care facility that is subject to the certificate of need requirement to a location within the same planning region requires a certificate of need and shall follow the expedited review process, unless the facility is otherwise exempt from the certificate of need requirement in accordance with these rules, subject to the provisions set forth at N.J.A.C. 8:33-3.4(a)3 i through vii and as follows:

i. The facility proposed for replacement or relocation is not licensed as a general hospital;

ii. The existing facility proposed for relocation is not adding beds or services within any licensure and/or health planning category that is subject to the certificate of need requirement to its total licensed bed or service complement at the proposed replacement facility; and

iii. All direct patient services in the existing facility shall cease operation once the replacement facility is licensed.

N.J. Admin. Code § 8:33-3.5

Amended by R.1993 d.442, effective 9/7/1993.
See: 25 New Jersey Register 2171(a), 25 New Jersey Register 4129(a).
Amended by R.1996 d.101, effective 2/20/1996.
See: 27 New Jersey Register 4179(a), 28 New Jersey Register 1228(a).
Amended by R.2002 d.243, effective 8/5/2002.
See: 34 New Jersey Register 458(a), 34 New Jersey Register 2814(a).
Rewrote the section.