N.J. Admin. Code § 10:49A-3.3 - Access to facilities

(a) Each facility subject to the reporting requirements of this chapter must allow access and entry to its premises, facilities, and records, including computer and other electronic systems, to the Department, the New Jersey Department of Law and Public Safety, the New Jersey Office of the State Comptroller, or any authorized agents of those entities to evaluate, through inspection, audit, or other means, compliance with the requirements for reporting and calculation of data submitted to the Department, and the timeliness and accuracy of rebate payments made pursuant to this chapter.

(b) Each facility must allow the same access and entry to the facilities and records, including computer and other electronic systems, of its parent organization, subsidiaries, related parties, contractors, subcontractors, agents, or a transferee, that pertain to any aspect of the data reported to the Department or to rebate payments calculated and made pursuant to this chapter. To the extent that the facility does not control access to the facilities and records of its parent organization, related parties, or third parties, it is the responsibility of the facility to contractually obligate any such parent organization, related parties, or third parties to grant said access.

(c) Unless a longer period is required by applicable law, State audit entities may inspect or audit a facility at any time up to three years from the date, determined by the timestamped confirmation that the Department provides, of the facility's filing of a report required by this chapter. The Department may also inspect or audit a facility at any time up to three years after the completion of an audit and for such longer period as set forth in this subsection, provided that any of the following occur:

1. An entity determines there is a special need to retain a particular record, or group of records, for a longer period and notifies the facility at least 30 days before the record retention disposition date;

2. There has been a dispute or allegation of fraud or similar action by the facility, in which case the retention may be extended to six years from the date of any resulting final resolution of the dispute, fraud, or similar fault; or

3. The entity determines that there is a reasonable possibility of fraud or similar fault, in which case the entity may inspect, evaluate, and audit the facility at any time.

Notes

N.J. Admin. Code § 10:49A-3.3

Adopted by 53 N.J.R. 1783(a), effective 10/18/2021