New Jersey § 26:2h-46

§ 26:2h-46.

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.