N.J. Admin. Code § 8:42C-5.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:42C-5.1 - Policies and procedures

(a) The hospice shall establish and implement written policies and procedures regarding the rights of patients and the implementation of these rights as set forth in (b) below. A complete statement of these rights, including the right to file a complaint with the Department, shall be conspicuously posted in the facility and shall be distributed to all staff and contracted personnel. These patient rights shall be made available in any language which is spoken as the primary language by more than 10 percent of the population in the hospice program's service area.

(b) Each patient shall be entitled to the following rights, none of which shall be abridged or violated by the hospice or any of its staff:

1. To treatment and services without discrimination based on race, age, religion, national origin, sex, sexual preferences, handicap, diagnosis, ability to pay, or source of payment;

2. To be given a verbal and written notice in a language and manner that the patient understands, prior to the initiation of care, of these patient rights and any additional policies and procedures established by the agency involving patient rights and responsibilities. If the patient is unable to respond, the notice shall be given to a family member or an individual who is a legal representative of the patient.

i. The hospice shall obtain the patient's or representative's signature confirming that he or she has received a copy of the notice of rights and responsibilities.

ii. If a patient has been adjudged incompetent under State law by a court with jurisdiction, the rights of the patient are exercised by the person appointed pursuant to State law to act on the patient's behalf.

iii. If a State court has not adjudged a patient incompetent, any legal representative designated by the patient in accordance with State law may exercise the patient's rights to the extent allowed by State law;

3. To receive information about the services covered under the hospice benefit and to receive information about the scope of services that the hospice will provide and specific limitations on those services;

4. To be informed in writing of the following:

i. The services available from the hospice;

ii. The names and professional status of personnel providing and/or responsible for care;

iii. The frequency of home visits to be provided;

iv. The hospice's daytime and emergency telephone numbers; and

v. Notification regarding the filing of complaints with the Department's 24-hour Complaint Hotline at 1-800-792-9770, or in writing to the Office of Assessment and Survey.

5. To receive, in terms that the patient understands, an explanation of his or her plan of care, expected results, and reasonable alternatives. if this information would be detrimental to the patient's health, or if the patient is not able to understand the information, the explanation shall be provided to a family member or an individual who is a legal representative of the patient and documented in the patient's medical record;

6. To receive, as soon as possible, the services of a translator or interpreter to facilitate communication between the patient and health care personnel.

i. Hospices shall make efforts to secure a professional, objective interpreter for hospice-patient communications, including those involving the notice of patient rights;

7. To receive the care and health services that have been ordered;

8. To receive effective pain management and symptom control from the hospice for conditions related to the terminal illness, in accordance with N.J.A.C. 8:43E-6;

9. To choose his or her attending physician or APN;

10. To be involved in the planning of his or her hospice care and treatment;

11. To refuse services, including medication and treatment, provided by the facility and to be informed of available hospice treatment options, including the option of no treatment, and of the possible benefits and risks of each option;

12. To refuse to participate in experimental research. If he or she chooses to participate, his or her written informed consent shall be obtained;

13. To receive full information about financial arrangements, including, but not limited to:

i. Fees and charges, including any fees and charges for services not covered by sources of third party payment;

ii. Copies of written records of financial arrangements;

iii. Notification of any additional charges, expenses, or other financial liabilities in excess of the predetermined fee; and

iv. Description of agreements with third-party payors and/or other payors and referral systems for patients' financial assistance;

14. To express grievances regarding care and services by anyone who is furnishing services on behalf of the hospice to the hospice's staff and governing authority without fear of reprisal, and to receive an answer to those grievances within a reasonable period of time;

15. To be free from mistreatment, neglect and mental, verbal, sexual and physical abuse and from exploitation, including corporal punishment, injuries of unknown source and misappropriation of patient property;

16. To be free from restraints, unless they are authorized by a physician for a limited period of time to protect the patient or others from injury;

17. To be free from seclusion, of any form, imposed as a means of coercion, discipline, convenience or retaliation by staff;

18. To be assured of confidential treatment of his or her medical health record, and to approve or refuse in writing its release to any individual outside the hospice, except as required by law or third party payment contract;

19. To be treated with courtesy, consideration, respect, and recognition of his or her dignity, individuality, and right to privacy, including, but not limited to, auditory and visual privacy and confidentiality concerning patient treatment and disclosures;

20. To be assured of respect for the patient's personal property;

21. To retain and exercise to the fullest extent possible all the constitutional, civil, and legal rights to which the patient is entitled by law, including religious liberties, the right to independent personal decisions, and the right to provide instructions and directions for health care in the event of future decision making incapacity in accordance with the New Jersey Advance Directives for Health Care Act, N.J.S.A. 26:2H-53 et seq., and any rules which may be promulgated pursuant thereto;

22. To be informed by the hospice of and receive written information concerning the hospice's policies on advance directives, including a description of applicable State law;

23. To be transferred to another hospice provider only for one of the reasons delineated in the Standards for Licensure of Residential Health Care Facilities Located with, and Operated by, Licensed Health Care Facilities, at N.J.A.C. 8:43-4.16(g); and

24. To discharge himself or herself from treatment by the hospice.

(c) The hospice shall ensure that all verified violations involving anyone furnishing services on behalf of the hospice are reported to State and local authorities having jurisdiction within five working days of becoming aware of the violation.

N.J. Admin. Code § 8:42C-5.1

Amended by R.2010 d.106, effective 6/21/2010.
See: 42 N.J.R. 25(a), 42 N.J.R. 1192(b).
Rewrote (b); and added (c).
Notice of readoption with technical change, effective 5/15/2017.
See: 49 N.J.R. 1223(a).