Title 52, Title 52: STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

52:27D-34. Employees; transfer; powers and duties Such employees of any department, commission, council, board, authority, office or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Community Affairs or to any o…

52:27D-340. Escrow account a. The commissioner may require a provider to establish and maintain in escrow, on a current basis with a bank, trust company or other escrow agent approved by the department, a portion of all entrance fees received by the provider in an aggregate amoun…

52:27D-341. Filing of lien Prior to the issuance of a certificate of authority pursuant to this act, or at any other time the commissioner determines it is in the best interest of residents of a facility, the commissioner may file a lien on the real and personal property of the p…

52:27D-342. Release from escrow The commissioner shall require a provider to establish an interest bearing escrow account with a bank, trust company or other escrow agent approved by the commissioner, as a condition of issuing a certificate of authority. The provider shall place …

52:27D-343. Collateral A provider shall pledge only the unencumbered assets of a continuing care facility as collateral for the purpose of securing loans for other continuing care facilities, whether proposed or existing. L. 1986, c. 103, s. 14.

52:27D-344. Continuing care agreement a. A continuing care agreement executed on or after the effective date of this act shall be written in plain English and in language understandable by a layperson and shall include, but not be limited to, the following: (1) A provision for th…

52:27D-345 Residents' organizations; quarterly meeting. 16. a. Residents living in a facility which holds a certificate of authority issued pursuant to this act have the right of self-organization. No retaliatory conduct shall be permitted against a resident for organization or m…

52:27D-346. Bankruptcy proceedings a. The commissioner may apply to a court of competent jurisdiction or to the federal bankruptcy court, if that court had previously taken jurisdiction over the provider or facility, for an order authorizing the commissioner to appoint a trustee …

52:27D-347. Liability for damages a. A provider or person acting on behalf of the provider is liable to the person who contracts for the continuing care for damages, including repayment of all fees paid to the provider, facility or person who violates this act plus interest there…

52:27D-348. Investigatory powers a. The commissioner or his designee may, as often as he reasonably deems necessary, conduct an investigation to determine whether any person has violated or is about to violate any provision of this act or to aid in the enforcement of this act or …

52:27D-349. Examination of records The commissioner or his designee shall visit each facility offering continuing care in this State to examine its books and records at least once every four years. L. 1986, c. 103, s. 20.

52:27D-35. Tenure rights and rights or protection under pension law or retirement system Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or under any p…

52:27D-350. Consumers' guide; residents' rights booklet a. The commissioner shall prepare and cause to be distributed to the public a consumers' guide to continuing care facilities and an annual directory of continuing care facilities in the State. b. The commissioner shall prepa…

52:27D-351 Violations, enforcement; penalties. 22. a. If the commissioner determines or has cause to believe that a person has engaged in any act or practice which constitutes a violation of P.L.1986, c.103 (C.52:27D-330 et seq.) or P.L.2013, c.167 (C.52:27D-360.1 et al.), the co…

52:27D-352. Criminal violations a. The commissioner may refer any available evidence concerning criminal violations of this act to the Attorney General or the appropriate county prosecutor. b. The Attorney General or a county prosecutor may institute appropriate criminal proceedi…

52:27D-353. Fees The commissioner shall determine reasonable fees for filing an application for a certificate of authority and other required documents pursuant to this act. The commissioner also may assess a provider for reasonable expenses incurred by the department in the inve…

52:27D-354. One year to comply A provider who is offering but not providing continuing care on the effective date of this act may be given a reasonable time, not to exceed one year from the date of promulgation of applicable regulations, within which to comply with the requiremen…

52:27D-355. Exclusion A facility which has not entered into any agreements for continuing care pursuant to this act since 1965 is not subject to the provisions of this act; but this exclusion shall not apply if that facility enters into one or more agreements for continuing care …

52:27D-356. Fewer than 50 residents A facility which has less than 50 residents who are under continuing care agreements on the date of enactment of this act is not subject to the provisions of this act, but this exclusion shall not apply if that facility increases the number of …

52:27D-357 Continuing Care Advisory Council. 28. a. There is created a Continuing Care Advisory Council which consists of 13 members as follows: the Commissioners of Human Services, Health, and Banking and Insurance, or their designees, who shall serve ex officio and shall be non…

52:27D-358. Rules, regulations The commissioner shall adopt rules and regulations necessary to carry out the provisions of this act, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.). The commissioner shall adopt the regulations within six mo…

52:27D-359. Health Department authority Nothing in this act shall be construed to limit the licensing and regulatory authority of the Department of Health, pursuant to P.L. 1971, c. 136 (C. 26:2H-1 et seq.), concerning health care services provided by a facility subject to this a…

52:27D-36. Transfer of files, books, papers, etc., of transferred agencies to department of community affairs All files, books, papers, records, equipment and other property of any department, commission, council, board, office, authority or other agency, the functions, powers an…

52:27D-360. Community Affairs authority Nothing in this act shall be construed to limit the authority of the Department of Community Affairs to enforce any otherwise applicable statute, code, or regulation in a facility subject to this act. L. 1986, c. 103, s. 31.

52:27D-360.1 Short title. 1. Sections 1 through 7 of this act shall be known and may be cited as the "Bill of Rights for Continuing Care Retirement Community Residents in Independent Living." L.2013, c.167, s.1.

52:27D-360.10 Rules, regulations. 3. The Commissioner of Health and the Commissioner of Community Affairs, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt rules and regulations to effectuate the purposes of this act. L.2015, c.115, …

52:27D-360.2 Receipt of disclosure statement, explanation by prospective resident. 2. a. Each prospective resident is entitled to receive a copy of a disclosure statement from the facility, as well as an explanation written in clear and plain language of the rights and responsibi…

52:27D-360.3 Rights of residents of community. 3. a. Unless a resident has violated the continuing care agreement or facility rules, or the facility has cancelled the agreement with sufficient notice and cause, or if the facility for sound business reasons decides to raze or to o…

52:27D-360.4 Transfer, reassignment of resident. 4. a. A resident may be temporarily or permanently assigned to an assisted living unit or a licensed nursing unit if the facility determines that the resident's physical or mental health requires that level of care. The determinati…

52:27D-360.5 "Bill of Rights for Continuing Care Retirement Community Residents in Independent Living." 5. Each continuing care retirement facility is required to distribute to each resident, and post in a conspicuous public place in the facility, a statement of residents' rights…

52:27D-360.6 Information provided to resident. 6. a. A resident shall receive, upon request, a fee schedule for any uncovered service before agreeing to the performance of that service. b. Each resident shall have the right to receive a copy of the facility's annual disclosure st…

52:27D-360.7 Cancellation of agreement, returning of refundable entrance fee limited, disposition of personal property. 7. a. (1) A resident may, upon 60-days' written notice of the intent to vacate, cancel the continuing care agreement for any reason. (2) Upon vacating the unit,…

52:27D-360.8 Provision of information relative to the influenza vaccine for older adults. 1. a. The Department of Health shall prepare and make available on the department's Internet website, in an easily printable format, information about the influenza vaccine for older adults,…

52:27D-360.9 Posting of information. 2. The Department of Community Affairs shall require each continuing care retirement community in this State to post the information made available by the Department of Health pursuant to section 1 of P.L.2015, c.115 (C.52:27D-360.8) in a cons…

52:27D-361. Findings, declarations The Legislature finds and declares that: a. Volunteer emergency service organizations, such as fire companies, ambulance services and rescue squads, protect the lives and property of the citizens of New Jersey. b. Funds are necessary for the pur…

52:27D-362. Definitions As used in this act: a. "Department" means the Department of Community Affairs. b. "Emergency equipment" means fire fighting, ambulance and rescue equipment used for fire fighting or emergency purposes, including communications and protective equipment. c.…

52:27D-363. Loans authorized a. The department is authorized, upon application of any volunteer emergency service organization, to make loans for the following purposes: (1) For establishing or modernizing emergency facilities. The amount of a loan for this purpose shall not exce…

52:27D-364. Volunteer Emergency Service Organization Loan Fund a. There is created a special fund in the Department of the Treasury to be known as the "Volunteer Emergency Service Organizations Loan Fund" to which shall be credited all appropriations as well as repayment of princ…

52:27D-365. Rules, regulations The Commissioner of the Department of Community Affairs shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) to further specify the loan criteria in subsection b. of section 3 of t…

52:27D-366. Short title This act shall be known and may be cited as the "Neighborhood Housing Services Grant Fund Act." L. 1987, c. 50, s. 1.

52:27D-367. Findings The Legislature finds that: a. A substantial number of housing units in New Jersey are in deteriorating condition, many residents are living in dwelling units which do not conform to applicable local codes and ordinances that are intended to ensure the health…

52:27D-368. Determinations It is determined that it is the policy of this State to provide a necessary means to prevent the deterioration of housing, the decline of neighborhoods and surrounding areas, and the problems associated with deterioration and decline; that these conditi…

52:27D-369. Definitions As used in this act: a. "Commissioner" means the Commissioner of the Department of Community Affairs; b. "Corporation" means a neighborhood housing services corporation or umbrella corporation, as defined hereinafter, unless the context indicates otherwise…

52:27D-37. Orders, rules and regulations enacted prior to effective date of act This act shall not affect the orders, rules and regulations heretofore made or promulgated by any department, commission, council, board, authority, officer or other agency, the functions, powers and …

52:27D-370. Neighborhood Housing Services Grant Fund There is established a Neighborhood Housing Services Grant Fund to be administered by the Department of Community Affairs. The fund shall be maintained by the Department of the Treasury and may be invested by the Division of In…

52:27D-371. Grants from fund The department is authorized to make grants to neighborhood housing services corporations which meet the qualifications set forth in section 8 of this act. The department is also authorized to grant moneys to umbrella corporations for each neighborhoo…