New Jersey § 26:2h-7

§ 26:2h-7.

a. A transfer of ownership application submitted to the Department of Health pursuant

to subsection a. of section 2 of this act 1 shall meet the following requirements: (1) In the case of an application to transfer controlling interest in a nursing home

to an individual or entity that has never previously owned or operated a licensed

health care facility in New Jersey, or for any application to transfer controlling

interest in a nursing home that is submitted within six months after a prior application

for transfer of controlling interest in the nursing home was approved, the applicant

shall: (a) submit a projection of profits and losses for the next three years and a capital

budget projection for the next three years; (b) disclose any licensed health care facilities owned, operated, or managed by the

proposed owners and principals in any state or territory of the United States or in

the District of Columbia in the preceding three years, along with owner-certified

financial statements for each such facility for the last three years during which

the facility was owned, operated, or managed by the owner or principal and disclosures

by the applicant as to any enforcement actions imposed during that period of time

against any facility owned, operated, or managed by the applicant in any jurisdiction; (c) hold a public hearing on the application no earlier than 30 days after the date

the application is received by the department. Notice of the public hearing shall be published at least seven days in advance of

the public hearing on the Internet websites of the department, the nursing home, and

the applicant, as well as in at least one newspaper published in each county, if any

newspapers are published therein. The nursing home shall invite the Attorney General and the Commissioner of Health,

or their designated representatives, to attend the hearing. The transfer of ownership application may not be approved until after the public

hearing is completed; and (d) consistent with the requirements of subsection b. of this section, submit to a

criminal history record background check of each proposed owner and principal; (2) In the case of an application to transfer controlling interest in a nursing home

to an individual or entity that has previously owned or operated a licensed health

care facility in New Jersey, the applicant shall: (a) submit a projection of profits and losses for the next three years and a capital

budget projection for the next three years; and (b) disclose any licensed health care facilities owned, operated, or managed by the

proposed owners and principals in any state or territory of the United States or in

the District of Columbia in the preceding year, along with owner-certified financial

statements for each facility owned, operated, or managed by the proposed owners and

principals in New Jersey for the last year during which the facility was owned, operated,

or managed by owner or principal; (3) In the case of an application to transfer less than a controlling interest in

a nursing home to an individual or entity that has never previously owned or operated

a licensed health care facility in New Jersey, the applicant shall: (a) disclose any licensed health care facilities owned, operated, or managed by the

proposed owners and principals in any state or territory of the United States or in

the District of Columbia in the preceding year and any enforcement actions imposed

during the preceding year against any facility owned, operated, or managed by the

applicant in any jurisdiction; and (b) consistent with the requirements of subsection b. of this section, submit to a

criminal history record background check of each proposed owner and principal; and (4) In the case of an application to transfer less than a controlling interest in

a nursing home to an individual or entity that has previously owned or operated a

licensed health care facility in New Jersey, the applicant shall disclose any licensed

health care facilities owned, operated, or managed by the proposed owners and principals

in any state or territory of the United States or in the District of Columbia in the

preceding year and any enforcement actions imposed during the preceding year against

any facility owned, operated, or managed by the applicant in any jurisdiction. b. (1) An applicant for a transfer of ownership of a nursing home who is required

to complete a criminal history record background check pursuant to subsection a. of

this section shall submit to being fingerprinted in accordance with applicable State

and federal laws, rules, and regulations. An applicant shall bear the cost for the criminal history record background check,

including all costs of administering and processing the check. (2) For the purposes of subsection a. of this section, the department is authorized

to exchange fingerprint data with and receive criminal history record background information

from the Division of State Police and the Federal Bureau of Investigation consistent

with the provisions of applicable federal and State laws, rules, and regulations. Upon receipt of such notification, the department shall make a determination as

to whether transferring all or part of the ownership of a nursing home to the applicant

would constitute a material risk to the health, safety, or welfare of residents of

the nursing home, which shall include determining whether any owner or principal has

a prior conviction involving fraud or any other criminal offense of a financial nature,

or a prior conviction that may bear on the health and safety of residents of a long-term

care facility, including, but not limited to, a prior conviction involving abuse,

neglect, or exploitation of any person. (3) The Division of State Police shall promptly notify the department in the event

that an individual who was the subject of a criminal history record background check

conducted pursuant to subsection a. of this section is convicted of a crime or offense

in this State after the date the background check was performed. Upon receipt of that notification, the department shall make a determination regarding

the continued eligibility for the individual to be an owner or principal of a nursing

home. 1

N.J.S.A. § 26:2H-7.25.