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PO Box 360
Trenton, NJ 08625-0360

For Release:
June 19, 2023

Judith M. Persichilli
Commissioner

For Further Information Contact:
Office of Communications
(609) 984-7160

³Ô¹ÏºÚÁÏ Department of Health Proposes Rulemaking Affecting N.J.A.C. 8:39, and the Standards for Licensure of Long-term Care Facilities and N.J.A.C. 8:43E, the General Licensure Procedures and Standards Applicable to All Licensed Facilities

The ³Ô¹ÏºÚÁÏ Department of Health (Department), with the approval of the Health Care Administration Board, today proposes a new rule and an amendment in the Standards for Licensure of Long-term Care Facilities at N.J.A.C. 8:39 and proposes an amendment to the General Licensure Procedures and Standards Applicable to All Licensed Facilities at N.J.A.C. 8:43E.

The Department proposes a new rule at N.J.A.C. 8:39-25.3, Mandatory direct care staff-to-resident ratios, to fulfill the Department’s rulemaking obligation pursuant to N.J.S.A. 30:13-19, which requires the Department to promulgate rules implementing the minimum direct care staff-to-resident ratios for nursing homes established at N.J.S.A. 30:13-18.  The Department proposes to amend existing N.J.A.C. 8:43E-3.4, Civil monetary penalties, to establish the penalties for noncompliance with the staffing ratio rule.

The Department proposes to amend existing N.J.A.C. 8:39-43.1, Nurse aide competency, to recognize a certified homemaker-home health aide, who is enrolled in a qualified certified nurse aide program and working toward certification as a certified nurse aide, as competent to serve as a certified nurse aide in a nursing home.

The notice of proposal appears in the June 19, 2023, issue of the ³Ô¹ÏºÚÁÏ Register.  Persons wishing to comment on the proposal must submit written comments either: (1) electronically on or before August 19, 2023 at , or (2) by regular mail postmarked on or before August 19, 2023 to Joy L. Lindo, Director, Office of Legal and Regulatory Compliance, ³Ô¹ÏºÚÁÏ Department of Health, PO Box 360, Trenton, NJ 08625-0360.

LexisNexis® provides free online access to the ³Ô¹ÏºÚÁÏ Register at .  An unofficial copy of the notice of proposal is available from the Department’s website at .