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Ex. NJ-083 Order Primary source read

Department of Health memorandum to Home Health Agency and Hospice Administrators, Temporary Operational Waivers during a State of Emergency

Home health agencies and hospices may serve outside licensed geography without prior approval during the State of Emergency, subject to written reporting

Judith M. Persichilli, Commissioner of Health · New Jersey (Sector regulator)

The COVID Project

The record

Jurisdiction
New Jersey
Level
Sector regulator
Authority
N.J.A.C. 8:42 and 8:42C (home health agency and hospice licensure); EO 103 (State of Emergency)
Issued
2020-03-13 Mar. 13, 2020
Effective
For the duration of a Governor-declared State of Emergency (EO 103's State of Emergency continued through 2021) (read as 2020-03-13)
End
Tied to the State of Emergency; continuation after June 4, 2021 governed by P.L. 2021, c. 103, sec. 3(a); the Department's index marks the waiver rescinded without a stated date (read as 2021-09-30)
In force
Mar. 13, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Health care ordersOther
Addressees
  • home health agencies licensed under N.J.A.C. 8:42; hospices licensed under N.J.A.C. 8:42C
Functions reached
  • HC in-home visits (service area rules relaxed)
  • IN intake and referrals
  • OF reporting
Collection
New Jersey NJ

Operative words

"In the event of a State of Emergency as declared by the Governor of New Jersey in an Executive Order, that so significantly affects the ability of a Home Health Agency or Hospice to offer its full array of services, the Department of Health (Department) will not require prior Department approval of temporary waivers for the following services from Home Health Agencies and Hospices that are affected by such an event: 1. Providing home health services to patients outside of the approved license/CN geography; or 2. Providing hospice services to patients outside the hospice service area. Affected Home Health Agencies and Hospices... will be required to provide a written report to the Department detailing which, if any, of the above actions were implemented, the duration of the implementation, and any adverse outcomes attributable to the actions. Once the State of Emergency is mitigated, Home Health Agencies and Hospices will be required to operate in accordance with all licensure standards."

Enforcement

Licensure; written report to the Certificate of Need and Healthcare Facility Licensure Program

Notes

Home care: the State's own statement, three days before its first closure order, that the emergency "significantly affects the ability of a Home Health Agency or Hospice to offer its full array of services." A waiver (context), not a restriction.

Retrieval note

Read from nj.gov/health in full.