N.J. Admin. Code § 8:41-9.2

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

Section 8:41-9.2 - Certificate of need requirements and patient restrictions

(a) An acute care hospital shall not be issued a license to operate a mobile intensive care program unless approval has first been granted by the Department's Certificate of Need Program. Following approval by the Certificate of Need Program, an acute care hospital desiring to operate a mobile intensive care program shall make application in accordance with the process for licensure set forth in this chapter.

1. Consistent with N.J.A.C. 8:33, a certificate of need shall not be required for the permanent addition of full-time or part-time MICUs to a mobile intensive care program's primary service area in excess of those MICUs authorized pursuant to the original certificate of need approval letter. In such instances, the mobile intensive care program need only apply for licensure of those vehicles, in accordance with the standards for licensure as set forth at 8:41-2.1 and 2.2.

2. Consistent with N.J.A.C. 8:33, a certificate of need shall not be required to increase the hours of operation of an existing MICU or to increase the number of licensed vehicles. In the case of an increase in the hours of operation, the mobile intensive care program need only notify OEMS, in writing, of the new hours. In the case of an increase of the number of licensed vehicles, the provider shall first license any new vehicles in accordance with the procedures for licensure set forth at 8:41-2.1 and 2.2.

3. Consistent with N.J.A.C. 8:33, a certificate of need shall not be required to decrease the hours of operation of an existing MICU or for the permanent removal of a MICU from service. However, in such instances, the mobile intensive care program shall first notify, and receive approval from, OEMS.

(b) The terms and conditions set forth in the certificate of need, and any subsequent conditions, shall be binding upon the mobile intensive care program. Failure to comply with any such conditions shall be deemed cause for action against the mobile intensive care program.

(c) Except as provided for at 8:41-9.16(c), a mobile intensive care program shall not utilize its MICUs to provide advanced life support care in any geographical area of the State for which it does not hold certificate of need approval to do so.

(d) MICUs may be utilized to provide pre-hospital basic or advanced life support emergency medical care. Except as provided for at 8:41-9.16(b), a MICU shall not be utilized to transport patients unless the mobile intensive care program has been granted prior and specific approval, pursuant to the terms of its original certificate of need, to utilize its vehicles as transport vehicles. Under no circumstances shall a MICU be utilized to provide ALS inter-facility transfers.

(e) A mobile intensive care program shall not refuse, or fail to respond to, an emergency call or refuse or fail to provide emergency treatment to any person because of that person's race, sex, creed, national origin, sexual preference, age, disability, medical condition or ability to pay.

N.J. Admin. Code § 8:41-9.2