30:11A-3 - Rules, regulations and standards

30:11A-3.  Rules, regulations and standards
    The State Department of Health shall adopt, promulgate and enforce such rules, regulations and standards with respect to the residential health care facilities to be approved hereunder as it may deem necessary to assure that: persons living in such facilities are afforded the opportunity to live with as much independence, autonomy and interaction with the surrounding community as they are capable of;  such persons are afforded minimum standard of sanitation,  housekeeping, heat, light, air, food, lodging, care, service and fire safety  which also preserve and promote a homelike atmosphere appropriate to such  facilities;  such persons are not deprived of any constitutional, civil or  legal right solely by reason of their living in such facilities; and that  employees of public and private agencies have reasonable access to such  facilities and other citizens have reasonable access upon receiving the consent  of the resident to be visited by them;  but nothing in this chapter nor any  rule or regulation promulgated hereunder shall be construed to mean that any  residential health care facility may advertise, hold itself out or operate as a  nursing home.  The department may determine that the various establishments  covered by this act are appropriately and reasonably classified into two or  more classes, and may establish separate rules, regulations and standards for each such class.  Such rules, regulations and standards shall in any event include, but need not be limited to, all requirements and limitations legally  imposed upon any such establishment by any other municipal, county, or State  office or officer having inspection, approval, licensing or regulatory  authority with respect to such establishment.

     L.1953, c. 212, p. 1607, s. 3.  Amended by L.1964, c. 147, s. 4;  L.1979, c. 496, s. 28.