N.j.a.c. 8:36 Standards For Licensure Of Assisted Living Residences .
NJAC 8:36 -- Standards for Licensure of Assisted Living Facilities11/2017N.J.A.C. 8:36STANDARDS FOR LICENSURE OFASSISTED LIVING RESIDENCES, COMPREHENSICEPERSONAL CARE HOMES, ANDASSISTED LIVING PROGRAMSEffective date: November 20, 2017TITLE 8. HEALTHCHAPTER 36. STANDARDS FOR LICENSURE OFASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CAREHOMES, AND ASSISTED LIVING PROGRAMSN.J.A.C. 8:36 (2017)NOTE: This is an unofficial version of the rules. The Official rules can be found in the NewJersey Administrative Code, as published by LexisNexis at N.J.A.C.8:36. Updates to the codeare released through New Jersey Registrar also found for a fee on LexisNexisReproduced by Pharma-Care, as-is, not responsible for typographical error.This e-copy is provide without charge, contact Pharma-Care’s EducationalDepartment for pricing on printed copies.Pharma-Care, Inc. – 136 Central Ave, Clark, NJ 07066 – 732-574-9015NEW JERSEY ADMINISTRATIVE CODE: Copyright (c) 2017 by the New Jersey Office of Administrative Lawreconstructed by: Pharma-Care, Inc.Page 1
NJAC 8:36 -- Standards for Licensure of Assisted Living Facilities11/2017N.J.A.C. 8:36STANDARDS FOR LICENSURE OFASSISTED LIVING RESIDENCES, COMPREHENSICEPERSONAL CARE HOMES, ANDASSISTED LIVING PROGRAMSEffective date: November 20, 2017TITLE 8. HEALTHCHAPTER 36. STANDARDS FOR LICENSURE OFASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CAREHOMES, AND ASSISTED LIVING PROGRAMSN.J.A.C. 8:36 (2017)Title 8, Chapter 36 -- Chapter NotesNOTES:CHAPTER AUTHORITY:N.J.S.A. 26:2H-1 et seq., specifically 26:2H-5.CHAPTER SOURCE AND EFFECTIVE DATE:Effective: December 23, 2013.See: 46 N.J.R. 221(a).CHAPTER EXPIRATION DATE:Chapter 36, Standards for Licensure of Assisted Living Residences, Comprehensive PersonalCare Homes, and Assisted Living Programs, expires on December 23, 2020.CHAPTER HISTORICAL NOTE:Chapter 36, Standards for Licensure of Intermediate Dialysis Facilities, was adopted asR.1973, d.363, effective January 1, 1974. See: 5 N.J.R. 372(b), 6 N.J.R. 11(b).Chapter 36, Standards for Licensure of Intermediate Dialysis Facilities, was repealed byR.1980 d.39, effective January 17, 1980. See: 11 N.J.R. 620(b), 12 N.J.R. 76(c).Chapter 36, Standards for Licensure of Assisted Living Residences and ComprehensivePersonal Care Homes, was adopted as R.1993 d.672, effective December 20, 1993. See: 25N.J.R. 3734(a), 25 N.J.R. 6037(a). Chapter 36, Standards for Licensure of Assisted LivingResidences and Comprehensive Personal Care Homes, was renamed Standards for Licensureof Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted LivingPrograms, by R.1997 d.42, effective January 21, 1997. See: 28 N.J.R. 4185(a), 29 N.J.R.329(a). Pursuant to Executive Order No. 66(1978), Chapter 36 expired on December 20,1998.NEW JERSEY ADMINISTRATIVE CODE: Copyright (c) 2017 by the New Jersey Office of Administrative Lawreconstructed by: Pharma-Care, Inc.Page 2
NJAC 8:36 -- Standards for Licensure of Assisted Living Facilities11/2017Chapter 36, Standards for Licensure of Assisted Living Residences, Comprehensive PersonalCare Homes, and Assisted Living Programs, was adopted as new rules by R.1999 d.396,effective November 15, 1999. See: 31 N.J.R. 269(a), 31 N.J.R. 3763(a).In accordance with N.J.S.A. 52:14B-5.1d, Chapter 36, Standards for Licensure of AssistedLiving Residences, Comprehensive Personal Care Homes, and Assisted Living Programs,expiration date was extended by gubernatorial directive from November 15, 2004 to May15, 2005. See: 36 N.J.R. 5129(a).In accordance with N.J.S.A. 52:14B-5.1d, the expiration date of Chapter 36, Standards forLicensure of Assisted Living Residences, Comprehensive Personal Care Homes, and AssistedLiving Programs, was extended by gubernatorial directive from May 15, 2005 to May 15,2006. See: 37 N.J.R. 774(c).In accordance with N.J.S.A. 52:14B-5.1d, the expiration date of Chapter 36, Standards forLicensure of Assisted Living Residences, Comprehensive Personal Care Homes, and AssistedLiving Programs, was extended by gubernatorial directive from May 15, 2006 to November15, 2006. See: 38 N.J.R. 2499(a).In accordance with N.J.S.A. 52:14B-5.1d, the expiration date of Chapter 36, Standards forLicensure of Assisted Living Residences, Comprehensive Personal Care Homes, and AssistedLiving Programs, was extended by gubernatorial directive from November 15, 2006 to May17, 2007. See: 38 N.J.R. 5359(b).Chapter 36, Standards for Licensure of Assisted Living Residences, Comprehensive PersonalCare Homes, and Assisted Living Programs, was repealed and Chapter 36, Standards forLicensure of Assisted Living Residences, Comprehensive Personal Care Homes, and AssistedLiving Programs, was adopted as new rules by R.2007 d.34, effective February 5, 2007. See:38 N.J.R. 59(a), 38 N.J.R. 1634(a), 39 N.J.R. 398(a).In accordance with N.J.S.A. 52:14B-5.1b, Chapter 36, Standards for Licensure of AssistedLiving Residences, Comprehensive Personal Care Homes, and Assisted Living Programs, wasscheduled to expire on February 5, 2014. See: 43 N.J.R. 1203(a).Chapter 36, Standards for Licensure of Assisted Living Residences, Comprehensive PersonalCare Homes, and Assisted Living Programs, was readopted, effective December 23, 2013.See: Source and Effective Date.NEW JERSEY ADMINISTRATIVE CODE: Copyright (c) 2017 by the New Jersey Office of Administrative Lawreconstructed by: Pharma-Care, Inc.Page 3
NJAC 8:36 -- Standards for Licensure of Assisted Living Facilities11/2017TABLE OF CONTENTSTitle 8, Chapter 36 -- Chapter Notes . 2CHAPTER EXPIRATION DATE: . 2CHAPTER HISTORICAL NOTE: . 2SUBCHAPTER 1. GENERAL PROVISIONS . 9§ 8:36-1.1Scope . 9§ 8:36-1.3Definitions . 9§ 8:36-1.2Purpose . 9SUBCHAPTER 2. LICENSURE PROCEDURES . 15§ 8:36-2.1Certificate of need. 15§ 8:36-2.3Newly constructed or expanded facilities . 19§ 8:36-2.2§ 8:36-2.4§ 8:36-2.5§ 8:36-2.6§ 8:36-2.7§ 8:36-2.8§ 8:36-2.9§ 8:36-2.10Application for licensure. 16Surveys . 19License . 20Surrender of license . 20Waiver . 20Action against a license . 21Hearings . 21Advertisement of assisted living . 21SUBCHAPTER 3. ADMINISTRATION . 21§ 8:36-3.1Appointment of administrator . 21§ 8:36-3.3Qualifications of trainers for assisted living administrators . 23§ 8:36-3.2§ 8:36-3.4§ 8:36-3.5§ 8:36-3.6Qualifications of the administrator of an assisted livingresidence or comprehensive personal care home . 22Administrator's responsibilities . 24Actions against an assisted living administrator . 24Assisted Living Administrators Panel . 25SUBCHAPTER 4. RESIDENT RIGHTS . 26§ 8:36-4.1Posting and distribution of statement of resident rights . 26§ 8:36-5.1Types of services provided to residents . 29§ 8:36-5.3Transfer of ownership . 31SUBCHAPTER 5. GENERAL REQUIREMENTS . 29§ 8:36-5.2§ 8:36-5.4§ 8:36-5.5§ 8:36-5.6§ 8:36-5.7§ 8:36-5.8§ 8:36-5.9Ownership . 31Submission and availability of documents . 32Personnel . 32Staffing requirements . 32Policy and procedure manual . 33Resident transportation. 34Written agreements . 34NEW JERSEY ADMINISTRATIVE CODE: Copyright (c) 2017 by the New Jersey Office of Administrative Lawreconstructed by: Pharma-Care, Inc.Page 4
NJAC 8:36 -- Standards for Licensure of Assisted Living Facilities11/2017§ 8:36-5.10Reportable events . 34§ 8:36-5.11Notices . 35§ 8:36-5.13Admission and retention of residents. 35HISTORY: . 35§ 8:36-5.12§ 8:36-5.14§ 8:36-5.15§ 8:36-5.16§ 8:36-5.17§ 8:36-5.18Maintenance of records . 35Involuntary discharge. 36Notification requirements. 36Interpretation services . 37Referral and transfer agreements . 37Managed risk agreements . 37SUBCHAPTER 6. RESIDENT CARE POLICIES . 38§ 8:36-6.1Resident care policies and procedures . 38§ 8:36-6.3Personal needs allowance . 40§ 8:36-6.2Financial arrangements and full disclosure . 39SUBCHAPTER 7. RESIDENT ASSESSMENTS AND CARE PLANS . 40§ 8:36-7.1Initial assessments and resident service plans . 40§ 8:36-7.3General and health service plans . 41§ 8:36-7.2§ 8:36-7.4§ 8:36-7.5Health care assessment and health service plan . 40Health care services . 42Provision of health care services . 42SUBCHAPTER 8. NURSING SERVICES . 43§ 8:36-8.1§ 8:36-8.2Qualifications of professional nurses. 43Nurse staffing requirements . 43SUBCHAPTER 9. PERSONAL CARE ASSISTANTS, CERTIFIEDMEDICATION AIDES, AND OTHER DIRECTCAREGIVERS . 43§ 8:36-9.1Qualifications of personal care assistants . 43§ 8:36-9.3Minimum personal care assistant staffing. 47§ 8:36-9.2Certified Medication Aides. 45SUBCHAPTER 10. DINING SERVICES . 48§ 8:36-10.1§ 8:36-10.2Qualifications of dietitians . 48Provision of meals . 48§ 8:36-10.3Designation of a food service coordinator. 48§ 8:36-10.5Requirements for dining services . 48§ 8:36-10.4Responsibilities of dietitians . 48§ 8:36-10.6Commercial food management services . 49§ 8:36-11.1Qualifications of pharmacists . 49SUBCHAPTER 11. PHARMACEUTICAL SERVICES . 49§ 8:36-11.2Provision of pharmaceutical services . 49NEW JERSEY ADMINISTRATIVE CODE: Copyright (c) 2017 by the New Jersey Office of Administrative Lawreconstructed by: Pharma-Care, Inc.Page 5
NJAC 8:36 -- Standards for Licensure of Assisted Living Facilities§ 8:36-11.3§ 8:36-11.4§ 8:36-11.5§ 8:36-11.611/2017Supervision of medication administration . 50Administration of medications . 50Certified Medication Aide Program . 50Designation of a pharmacist . 52§ 8:36-11.7Storage and control of medications . 52§ 8:36-12.1Provision of resident activities . 54§ 8:36-13.1Qualifications of social workers . 54SUBCHAPTER 12. RESIDENT ACTIVITIES . 54SUBCHAPTER 13. SOCIAL WORK SERVICES . 54§ 8:36-13.2Provision of social work services . 54§ 8:36-14.1Emergency medical services . 54SUBCHAPTER 14. EMERGENCY SERVICES AND PROCEDURES . 54§ 8:36-14.2§ 8:36-14.3Emergency plans and procedures . 55Drills and tests . 55SUBCHAPTER 15. RESIDENT RECORDS . 56§ 8:36-15.1§ 8:36-15.2§ 8:36-15.3§ 8:36-15.4§ 8:36-15.5§ 8:36-15.6Health record . 56Record availability. 56Confidentiality . 56Record retention . 56Register . 56Residents' individual records . 56§ 8:36-15.7Record of death . 57§ 8:36-16.1Scope . 57§ 8:36-16.3Ventilation . 57SUBCHAPTER 16. PHYSICAL PLANT . 57§ 8:36-16.2Restrictions . 57§ 8:36-16.4Exit access passageways and corridors . 58§ 8:36-16.6Fire suppression systems . 58§ 8:36-16.5§ 8:36-16.7§ 8:36-16.8§ 8:36-16.9Automatic fire detection system . 58Interior finish requirement . 58General residential unit requirements . 58Toilets, baths and handwashing sinks . 58§ 8:36-16.10 Kitchenettes . 59§ 8:36-16.11 Community space . 59§ 8:36-16.12 Laundry equipment . 59§ 8:36-16.13 Dietary department . 59§ 8:36-16.14 Administration and public areas. 60§ 8:36-16.15 Fire extinguisher specifications . 60§ 8:36-16.16 Sounding devices . 61NEW JERSEY ADMINISTRATIVE CODE: Copyright (c) 2017 by the New Jersey Office of Administrative Lawreconstructed by: Pharma-Care, Inc.Page 6
NJAC 8:36 -- Standards for Licensure of Assisted Living Facilities11/2017§ 8:36-16.17 Telecommunications . 61SUBCHAPTER 17. HOUSEKEEPING, SANITATION, SAFETY AND MAINTENANCE . 61§ 8:36-17.1Provision of services. 61§ 8:36-17.3Resident environment . 61§ 8:36-17.2Housekeeping . 61§ 8:36-17.4Waste removal . 62§ 8:36-17.6Water supply . 63§ 8:36-17.8Laundry services . 64§ 8:36-18.1Infection control program. 65§ 8:36-17.5§ 8:36-17.7Heating and air conditioning . 63Building and grounds maintenance. 64SUBCHAPTER 18. INFECTION PREVENTION AND CONTROL SERVICES . 65§ 8:36-18.2§ 8:36-18.3§ 8:36-18.4Development of infection control policies and procedures . 65General infection control policies and procedures . 66Employee health and resident policies and procedures forinfection prevention and control . 67HISTORY: . 68§ 8:36-18.5Staff education and training for infection prevention and control . 68§ 8:36-18.6Regulated medical waste . 68§ 8:36-19.1Scope and purpose. 68§ 8:36-19.3Staff training program for Alzheimer's/dementia . 69SUBCHAPTER 19. ALZHEIMER'S/DEMENTIA PROGRAMS . 68§ 8:36-19.2§ 8:36-19.4Alzheimer's/dementia program policies and procedures . 68Services for residents with Alzheimer's/dementia . 69SUBCHAPTER 20. STANDARDS FOR RESPITE CARE SERVICES . 69§ 8:36-20.1Scope and purpose. 69§ 8:36-20.3Staffing . 70§ 8:36-21.1Quality improvement program . 71§ 8:36-21.1Quality improvement program . 71§ 8:36-21.3Personal care services. 72§ 8:36-22.1Eligibility. 72§ 8:36-22.3Physical plant . 73§ 8:36-20.2Mandatory policies and procedures . 70SUBCHAPTER 21. QUALITY IMPROVEMENT . 71SUBCHAPTER 21. QUALITY IMPROVEMENT . 71§ 8:36-21.2Use of restraints . 72SUBCHAPTER 22. COMPREHENSIVE PERSONAL CARE HOMES . 72§ 8:36-22.2§ 8:36-22.4Services provided to residents . 73Other requirements . 74NEW JERSEY ADMINISTRATIVE CODE: Copyright (c) 2017 by the New Jersey Office of Administrative Lawreconstructed by: Pharma-Care, Inc.Page 7
NJAC 8:36 -- Standards for Licensure of Assisted Living Facilities11/2017§ 8:36-22.5Prohibition of resident discharge on conversion of facility . 74§ 8:36-22.7Supplemental Security Income recipients . 74§ 8:36-23.1Tenant/resident eligibility. 75§ 8:36-22.6Combination of license categories . 74SUBCHAPTER 23. ASSISTED LIVING PROGRAMS . 75§ 8:36-23.2Service provider requirements . 75§ 8:36-23.4Policy and procedure manual . 76§ 8:36-23.3§ 8:36-23.5§ 8:36-23.6§ 8:36-23.7§ 8:36-23.8§ 8:36-23.9Services provided to residents . 76Resident transportation. 76Notices . 77Maintenance of records . 77Notification requirements. 77Administration and staffing . 78§ 8:36-23.10 Financial arrangements. 78§ 8:36-23.11 Resident assessments, service plans, health care plans andhealth care services . 78§ 8:36-23.12 Dining services and meal preparation assistance . 78§ 8:36-23.13 Pharmaceutical services . 79§ 8:36-23.14 Resident activities . 80§ 8:36-23.15 Resident records . 80§ 8:36-23.16 Resident rights and responsibilities . 80§ 8:36-23.17 Reportable events . 80§ 8:36-23.18 Other requirements . 81NEW JERSEY ADMINISTRATIVE CODE: Copyright (c) 2017 by the New Jersey Office of Administrative Lawreconstructed by: Pharma-Care, Inc.Page 8
NJAC 8:36 -- Standards for Licensure of Assisted Living FacilitiesSUBCHAPTER 1.§ 8:36-1.111/2017GENERAL PROVISIONSScope(a)The rules in this chapter pertain to all facilities which provide assisted living services.These rules constitute the basis for the licensure of assisted living residences,comprehensive personal care homes, and assisted living programs by the New JerseyState Department of Health and Senior Services.(b)Assisted living residences shall comply with N.J.A.C. 8:36-1 through 21; comprehensivepersonal care homes shall comply with N.J.A.C. 8:36-1 through 21, where applicable,and 22; and assisted living programs shall comply with N.J.A.C. 8:36-1 through 22,where applicable, and 23.§ 8:36-1.2Purpose(a)The purpose of this chapter is to establish minimum standards with which an assistedliving residence, comprehensive personal care home or assisted living program mustcomply in order to be licensed to operate in New Jersey.(b)The purpose of these rules is to establish standards for assisted living residences,comprehensive personal care homes (which may be collectively referred to as assistedliving facilities) and assisted living programs, all of which are intended to promote"aging in place" in a homelike setting for frail elderly and disabled persons, includingpersons who require nursing home level of care. Assisted living residences,comprehensive personal care homes and assisted living programs assure thatresidents receive supportive health and social services as they are needed to enablethem to maintain their independence, individuality, privacy, and dignity in anapartment-style living unit or, in the case of assisted living programs, a living unit inpublicly subsidized housing. The assisted living environment actively encourages andsupports these values through effective methods of service delivery and facility orprogram operation and promotes resident self direction and personal decision-makingwhile protecting residents' health and safety.(c)An assisted living residence or comprehensive personal care home offers a suitableliving arrangement for persons with a range of capabilities, disabilities, frailties, andstrengths. In general, however, assisted living is not appropriate for individuals who areincapable of responding to their environment, expressing volition, interacting, ordemonstrating any independent activity. For example, individuals in a persistentvegetative state should not be placed or cared for in an assisted living residence,comprehensive personal care home or assisted living program.(d)In the case of hospice, the purpose of these rules is to promote the establishment ofassisted living residences or comprehensive personal care homes to serve terminally illpersons who lack adequate caregiving support to meet their needs while residing athome.§ 8:36-1.3DefinitionsThe following words and terms, when used in this chapter, shall have the followingmeanings, unless the context clearly indicates otherwise:"Activities of daily living (ADL)" means the functions or tasks for self-care, which areperformed either independently or with supervision or assistance. Activities of daily livinginclude dressing, bathing, toilet use, transfer, locomotion, bed mobility, and eating."Advanced practice nurse" means an individual who is certified by the New Jersey StateBoard of Nursing in accordance with N.J.S.A. 45:11-23 et seq.NEW JERSEY ADMINISTRATIVE CODE: Copyright (c) 2017 by the New Jersey Office of Administrative Lawreconstructed by: Pharma-Care, Inc.Page 9
NJAC 8:36 -- Standards for Licensure of Assisted Living Facilities11/2017"Aging in place" means a process whereby individuals remain in their living environmentdespite the physical and/or mental decline and growing needs for supportive services thatmay occur in the course of aging. For aging in place to occur, services are added, increased,or adjusted to compensate for the individual's physical and/or mental decline."Assistance with transfer" means providing the physical assistance of no more than twofacility staff while the resident moves between bed and a standing position or between bed,chair or wheelchair."Assisted living" means a coordinated array of supportive personal and health services,available 24 hours per day, to residents who have been assessed to need these servicesincluding persons who require nursing home level of care. Assisted living promotes residentself direction and participation in decisions that emphasize independence, individuality,privacy, dignity, and homelike surroundings."Assisted living program" means the provision of or arrangement for meals and assistedliving services, when needed, to the tenants (also known as residents) of publicly subsidizedhousing which because of any Federal, State, or local housing laws, rules, regulations orrequirements cannot become licensed as an assisted living residence. An assisted livingprogram may also provide staff resources and other services to a licensed assisted livingresidence and a licensed comprehensive personal care home."Assisted living program provider" means an organization licensed by the New JerseyDepartment of Health and Senior Services to provide all services required of an assistedliving program."Assisted living residence" means a facility which is licensed by the Department of Healthand Senior Services to provide apartment-style housing and congregate dining and to assurethat assisted living services are available when needed, for four or more adult personsunrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, aprivate bathroom, a kitchenette, and a lockable door on the unit entrance."Assisted living values" means the organization, development and implementation ofservices and other facility or program features so as to promote and encourage eachresident's choice, dignity, independence, individuality and privacy in a homelikeenvironment. Assisted living values promote the concepts of aging in place and sharedresponsibility."Av
Chapter 36, Standards for Licensure of Intermediate Dialysis Facilities, was repealed by R.1980 d.39, effective January 17, 1980. See: 11 N.J.R. 620(b) , 12 N.J.R. 76(c). Chapter 36, Standards for Licensure of Assisted Living Residences and Comprehensive Personal Care Homes, was adopted as R.1993 d.672, effective December 20, 1993. See: 25
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Collectively make tawbah to Allāh S so that you may acquire falāḥ [of this world and the Hereafter]. (24:31) The one who repents also becomes the beloved of Allāh S, Âَْ Èِﺑاﻮَّﺘﻟاَّﺐُّ ßُِ çﻪَّٰﻠﻟانَّاِ Verily, Allāh S loves those who are most repenting. (2:22
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men’s day worship service. It is recommended that the service be adjusted for specific local needs. This worship service is designed to honor men, and be led by men. Music: Led by a male choir or male soloist, young men’s choir, intergenerational choir or senior men’s choir. Themes: Possible themes for Men’s Day worship service include:
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