N.J. Admin. Code § 10:161B-2.10 - Informal dispute resolution
(a) A facility may
request an opportunity to discuss the accuracy of survey findings with
representatives of DOH in the following circumstances during a survey :
1. During the course of a survey to the
extent such discussion does not interfere with the surveyor's ability to obtain
full and objective information and to complete required survey tasks;
or
2. During the exit interview or
other summation of survey findings prior to the conclusion of the
survey .
(b) Following
completion of the survey , a facility may contact the Director of DCN&L to
request an informal review of deficiencies cited. The request must be made, in
writing, within 10 business days of the receipt of the written survey findings.
The written request must include:
1. A
specific listing of the deficiencies for which informal review is requested;
and
2. Documentation supporting any
contention that a survey finding was in error.
(c) The review will be conducted within 20
business days of the request by supervisory staff of DOH who did not directly
participate in the survey . The review can be conducted in person at the offices
of DOH or, by mutual agreement, solely by review of the documentation as
submitted.
(d) A decision will be
issued by DOH within 20 business days of the conference or the review, and if
the determination is to agree with the facility 's contentions, the deficiencies
will be removed from the record. If the decision is to disagree with the
request to remove deficiencies, a plan of correction is required within 10
business days of receipt of the decision. The facility retains all other rights
to appeal deficiencies and enforcement actions taken pursuant to these
rules.
Notes
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