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New Jersey Statutes, Title: 26, HEALTH AND VITAL STATISTICS
Chapter 2h: Declaration of public policy
Section: 26:2h-46.1: Increase in penalties for deficiencies outlined in federal Centers for Medicare and Medicaid Services guidance.
1. A nursing home, as defined under section 1 of P.L.1975, c.397 (C.26:2H-29), cited for the same or a substantially similar F-level deficiency or higher, as outlined in federal Centers for Medicare and Medicaid Services guidance, at any point over a three-year period during any standard or special survey conducted pursuant to 42 U.S.C. s.488.308 or any other inspection conducted by the Department of Health, or any third-party contractor or instrumentality thereof, pursuant to State or federal law or regulation, including in response to a complaint, shall be subject to a penalty that shall be more severe than the penalty imposed for the previous violation. The department may impose additional penalties, sanctions, or corrective measures pursuant to regulation when such deficiencies or violations involve noncompliance with infection control requirements or result in severe adverse health consequences for a resident or staff member of the nursing home. This section shall not be construed to diminish any authority of the Department of Health or any other department that exists pursuant to any other law, rule, or regulation.
L.2021, c.457, s.1.
This section added to the Rutgers Database: 2022-04-12 15:15:06.
Older versions of 26:2h-46.1 (if available):
Court decisions that cite this statute:
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