New Jersey § 26:2h-12

§ 26:2h-12.

a. Whenever the department conducts an inspection of a long-term care facility, the

department's inspector shall determine whether the long-term facility is in compliance

with the provisions of this act and the policies, protocols, and procedures adopted

pursuant thereto. b. In addition to any other applicable penalties provided by law, a long-term care

facility that fails to comply with the provisions of this act or properly implement

the policies, protocols, and procedures adopted pursuant thereto: (1) shall be liable to pay an administrative penalty, the amount of which shall be

determined in accordance with a schedule established by department regulation, which

schedule shall provide for an enhanced administrative penalty in the case of a repeat

or ongoing violation; and (2) may be subject to adverse licensure action, as deemed by the department to be

appropriate. c. Whenever a complaint received or an investigation conducted by the Office of the

State Long-Term Care Ombudsman discloses evidence that a long-term care facility has

failed to comply with the provisions of this act or to properly implement the policies,

protocols, and procedures adopted pursuant thereto, the Office of the State Long-Term

Care Ombudsman shall refer the matter to the department as provided by section 7 of

P.L.1977, c. 239 ( C.52:27G-7 ) and, notwithstanding such referral, may take any other appropriate investigatory

or enforcement action, with respect to the matter, as may be authorized by P.L.1977,

c. 239 ( C.52:27G-1 et seq. ).