30:11A-1 Definitions.

1. As used in P.L.1953, c.212 (C.30:11A-1 et seq.):

"Department" means the Department of Health or the Department of Community Affairs, as appropriate.

"Licensee" means the owner, operator, or administrator of a residential health care facility that is certified to operate pursuant to this chapter.

"Residential health care facility" means any facility, whether in single or multiple dwellings, whether public or private, whether incorporated or unincorporated, whether for profit or nonprofit, which:

(1) is operated at the direction, or under the management, of an individual or individuals, a corporation, a partnership, a society, or an association;

(2) furnishes food and shelter to four or more persons 18 years of age or older who are unrelated to the proprietor;

(3) provides any one or more of such persons with dietary services, recreational activities, supervision of self-administration of medications, supervision of and assistance in activities of daily living, and assistance in obtaining health services; and

(4) is regulated by either the Department of Health or the Department of Community Affairs.

"Residential health care facility" shall not include any community residence for the developmentally disabled, as defined in section 2 of P.L.1977, c.448 (C.30:11B-2); any facility or living arrangement that is operated by, or under contract with, any other State department or agency, upon the written authorization of the Commissioner of Health or the Commissioner of Community Affairs, as appropriate; or any privately operated establishment licensed under chapter 11 of Title 30 of the Revised Statutes.

"Resident" means a person 18 years of age or older who:

(1) is ambulant, with or without assistive devices;

(2) has been certified by a licensed physician to be free from communicable disease and not in need of skilled nursing care; and

(3) except in the case of a person 65 years of age and over, is in need of dietary services, supervision of self-administration of medications, supervision of and assistance in activities of daily living, or assistance in obtaining health care services.

A resident shall not be given skilled nursing care while a resident, except as hereinafter provided. The foregoing definition shall not be construed to prevent care of residents in emergencies or during temporary illness for a period of one week or less, and shall not be construed to prevent a licensed physician from ordering nursing or other health care services.

L.1953, c.212, s.1; amended 1964, c.147, s.2; 1979, c.496, s.26; 2017, c.234, s.1.