New Jersey § 26:2h-149

§ 26:2h-149.

a. (1) Notwithstanding any law, rule, or regulation to the contrary, commencing on

or after the effective date of P.L.2015, c. 125 ( C.55:13B-5.1 et al.) and subject to the provisions of subsection b. of this section, the Department

of Health shall be responsible for licensure, inspections, and the establishment and

enforcement of standards with respect to each community residential facility in the

State that provides services to residents with special needs, including, but not limited

to, persons with Alzheimer's disease and related disorders or other forms of dementia,

which shall be thereafter known as a dementia care home. (2) The department shall be empowered to exercise such authority with respect to a

dementia care home as the department is granted with respect to any other health care

facility licensed by the department, pursuant to P.L.1971, c. 136 ( C.26:2H-1 et seq. ) and any rules and regulations adopted pursuant thereto, and in accordance with the

provisions of P.L.2015, c. 125 ( C.55:13B-5.1 et al.). b. The department shall establish and enter into an inter-agency agreement with the

Department of Community Affairs as necessary for the purposes of subsection a. of

this section. c. (1) Whenever any reference is made in any law, rule, regulation, order, contract,

document, or judicial or administrative proceeding to rooming and boarding houses

for residents with special needs, including, but not limited to, persons with Alzheimer's

disease and related disorders or other forms of dementia, the same shall be deemed

to mean or refer to “dementia care homes.” (2) Whenever the term “Department of Community Affairs” appears or any reference is

made thereto in any law, rule, regulation, order, contract, document, or judicial

or administrative proceeding pertaining to rooming and boarding houses for residents

with special needs, including, but not limited to, persons with Alzheimer's disease

and related disorders or other forms of dementia, the same shall be deemed to mean

or refer to the “Department of Health.” d. A dementia care home that is operating as a rooming or boarding house that provides

services to residents with special needs, including, but not limited to, persons with

Alzheimer's disease and related disorders or other forms of dementia, on the effective

date of P.L.2015, c. 125 ( C.55:13B-5.1 et al.) shall be granted provisional licensure by the department for a period of

one year following the effective date. At the end of that period, the department shall issue a license to the facility

pursuant to P.L.1971, c. 136 ( C.26:2H-1 et seq. ) or make continued licensure subject to such actions by the facility as the commissioner

determines necessary to effectuate the purposes of P.L.1971, c. 136 and P.L.2015, c. 125 ( C.55:13B-5.1 et al.).