New Jersey Title 8, Chapter 36 — Chapter Notes

1 New Jersey Title 8, Chapter 36 Chapter Notes Chapter AUTHORITY: 26:2H-1 et seq., specifically 26 Chapter SOURCE AND EFFECTIVE DATE: , effective February 5, 2007. See: 38 59(a), 38 1634(a), 39 398(a). Chapter EXPIRATION DATE: Chapter 36, Standards for Licensure of Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted Living Programs, expires on February 5, 2012. Chapter HISTORICAL NOTE: Chapter 36, Standards for Licensure of Intermediate Dialysis Facilities, was adopted as , , effective January 1, 1974.

2 See: 5 372(b), 6 11(b). Chapter 36, Standards for Licensure of Intermediate Dialysis Facilities, was repealed by , effective January 17, 1980. See: 11 620(b), 12 76(c). Chapter 36, Standards for Licensure of Assisted Living Residences and Comprehensive Personal Care Homes, was adopted as , effective December 20, 1993. See: 25 3734(a), 25 6037(a). Chapter 36, Standards for Licensure of Assisted Living Residences and Comprehensive Personal Care Homes, was renamed Standards for Licensure of Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted Living Programs, by , effective January 21, 1997.

3 See: 28 4185(a), 29 329 (a). Pursuant to Executive Order No. 66(1978), Chapter 36 expired on December 20, 1998. Chapter 36, Standards for Licensure of Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted Living Programs, was adopted as new rules by , effective November 15, 1999. See: 31 269(a), 31 3763(a). In accordance with 52 , Chapter 36, Standards for Licensure of Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted Living Programs, expiration date was extended by gubernatorial directive from November 15, 2004 to May 15, 2005.

4 See: 36 5129(a). In accordance with 52 , the expiration date of Chapter 36, Standards for Licensure of Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted Living Programs, was extended by gubernatorial directive from May 15, 2005 to May 15, 2006. See: 37 774(c). In accordance with 52 , the expiration date of Chapter 36, Standards for Licensure of Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted Living Programs, was extended by gubernatorial directive from May 15, 2006 to November 15, 2006.

5 See: 38 2499(a). In accordance with 52 , the expiration date of Chapter 36, Standards for Licensure of Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted Living Programs, was extended by gubernatorial directive from November 15, 2006 to May 17, 2007. See: 38 5359(b). Chapter 36, Standards for Licensure of Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted Living Programs, was repealed and Chapter 36, Standards for Licensure of Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted Living Programs, was adopted as new rules by , effective February 5, 2007.

6 See: Source and Effective Date. 8 Scope (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 Jersey State Department of Health and Senior Services. (b) Assisted living residences shall comply with 8:36-1 through 21; comprehensive personal care homes shall comply with 8:36-1 through 21, where applicable, and 22; and assisted living programs shall comply with 8:36-1 through 22, where applicable, and 23.

7 8 Purpose (a) The purpose of this Chapter is to establish minimum standards with which an assisted living residence, comprehensive personal care home or assisted living program must comply 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 assisted living 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, including persons who require nursing home level of care.

8 Assisted living residences, comprehensive personal care homes and assisted living programs assure that residents receive supportive health and social services as they are needed to enable them to maintain their independence, individuality, privacy, and dignity in an apartment-style living unit or, in the case of assisted living programs, a living unit in publicly subsidized housing. The assisted living environment actively encourages and supports these values through effective methods of service delivery and facility or program operation and promotes resident self direction and personal decision-making while protecting residents health and safety.

9 (c) An assisted living residence or comprehensive personal care home offers a suitable living arrangement for persons with a range of capabilities, disabilities, frailties, and strengths. In general, however, assisted living is not appropriate for individuals who are incapable of responding to their environment, expressing volition, interacting, or demonstrating any independent activity. For example, individuals in a persistent vegetative state should not be placed or cared for in an assisted living residence, comprehensive personal care home or assisted living program.

10 (d) In the case of hospice, the purpose of these rules is to promote the establishment of assisted living residences or comprehensive personal care homes to serve terminally ill persons who lack adequate caregiving support to meet their needs while residing at home. 8 Definitions The following words and terms, when used in this Chapter , shall have the following meanings, unless the context clearly indicates otherwise: Activities of daily living (ADL)" means the functions or tasks for self-care, which are performed either independently or with supervision or assistance.