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New Rule Proposal for DCA Residential Health Care Facilities

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The New Jersey Department of Community Affairs (DCA) issued a proposed readoption, with amendments, to its regulations relating to “Residential Health Care Facilities Not Located With, and Operated By, Licensed Health Care Facilities,” set forth under N.J.A.C. 5:27A. Under New Jersey law, residential health care facilities that are affiliated and operated by a licensed health care facility are regulated by the Department of Health. Because of the similarities to rooming and boarding houses, however, residential health care facilities that are not affiliated with or operated by a licensed health care facility are regulated by DCA. The proposed re-adoption aims to create equal regulatory treatment for both facilities under DCA jurisdiction.

The rules for residential health care facilities were re-codified to DCA from the Department of Health in 2005. Since then, requirements had to be adjusted to align with the regulations governing rooming and boarding homes. The proposed changes include a requirement that facilities maintain a daily record of the type and amount of medication taken by a resident and the time at which such medication was taken. Along with the proposed re-adoption is the inclusion of three appendices that address guidelines for inappropriate behavior and resident-to-resident abuse, a daily food guide, and recommendations for pet therapy.

DCA has provided a 60-day comment period with a deadline of September 15, 2017.

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