N.J. Admin. Code § 10:37A-11.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:37A-11.3 - Discharge procedures from supervised residences

(a) The PA may discharge and remove a consumer from a supervised residence only after complying with all of the procedures set forth in this chapter.

(b) The PA shall comply with the following procedures in all cases prior to discharge, except when the consumer cannot be located, or, despite the PA's effort to comply, the consumer is unwilling to participate:

1. The PA's assigned clinical staff shall fully inform the consumer of and discuss with the consumer the factual and clinical basis for discharge, and, if the consumer does not agree, approve the discharge;

2. The PA shall offer to utilize the consumer Complaint/Agency Ombuds Procedure, N.J.A.C. 10:37-4, to attempt to resolve any problems; and

3. The PA's assigned clinical staff shall formulate a written discharge plan and document all efforts to obtain appropriate alternate living arrangements and appropriate alternate treatment modalities.

(c) If, after the procedures set forth in (b)1 through 3 above are completed, the consumer disagrees with the PA decision to discharge, the PA may discharge and remove the consumer from the residence only after complying with the following procedures and obtaining the approval of the Division's review officer as set forth below:

1. If the consumer has declined to utilize the consumer Complaint/Agency Ombuds Procedure, the PA shall submit its decision for review by the chief executive officer of the PA;

2. If the chief executive officer upholds the basis for the discharge and the consumer disagrees, the PA shall deliver to the consumer a written notice of intent to discharge the consumer from the residence, and read and explain such notice to the consumer in the same language utilized on admission; and

3. The PA shall then schedule a meeting for administrative review by the Division as set forth at (d) below on a date at least 10 days after the date upon which it delivered, read and explained the notice referred to in (c)2 above, if an alternate residence is available. If an alternate residence is not available, the meeting shall be scheduled at least 20 days thereafter.

(d) The administrative review referred to in (c)3 above shall be conducted by the designee of the Assistant Commissioner for Mental Health and Addiction Services, and such designee shall be an employee of the Division. The reviewing officer shall schedule at least one meeting between the PA representatives, the consumer, and the reviewing officer, at which meeting or meetings the reviewing officer shall ensure the following:

1. That the PA has engaged in all of the procedural steps required by this chapter, prior to the meeting date;

2. That the consumer has had fair notice of the factual and clinical basis for the PA's decision to discharge;

3. That the consumer is given a reasonable time within which to obtain the services of an advocate or attorney, if the consumer so desires;

4. That the consumer is present during all meetings conducted by the reviewing officer, unless the consumer waives his or her right to be present;

5. That the consumer is assisted and/or represented by any available individual of his or her choice during the meeting, if the consumer so desires;

6. That the consumer has a full opportunity to respond to everything stated during the meeting; and

7. That the consumer has a full opportunity to present any relevant documents, objects, or statements of third persons. The officer must permit such persons to make such statements in person during the meeting, and may accept such statements in writing. The officer may base his or her decision in part upon written statements, if at least one person attends the meeting who has personal knowledge of the relevant facts.

(e) During or after the meeting or meetings described in (d) above, the reviewing officer shall make the following findings:

1. That the consumer has or has not been accorded the safeguards listed in (d) above;

2. That the factual basis for the PA's decision to discharge is or is not true, based upon a preponderance of the credible evidence; and

3. That one or more of the conditions justifying discharge, as specified in 10:37A-11.2, does or does not in fact exist at the time of the final review meeting, or that it is reasonable to believe that, if such condition does not exist at the time of the final review meeting, the condition will recur immediately upon disapproval of discharge.

(f) If the reviewing officer makes all of the findings set forth at (e) above in the affirmative, such officer may, in his or her discretion, approve the discharge and removal of the consumer from the residence in question, and set a reasonable date and reasonable conditions, if any, for discharge. If the reviewing officer does not approve such discharge, he or she shall make such recommendation as he or she may consider fair and appropriate.

(g) By letter, the reviewing officer shall notify the PA, the consumer, and the consumer's representative, if any, of the officer's findings and decision. The PA staff shall read and explain such letter to the consumer in the same language utilized at admission.

(h) The decision of the reviewing officer shall be the final decision of the Department; the PA's noncompliance with such decision shall be grounds for revocation of licensure or other administrative sanction.

(i) If the reviewing officer approves the discharge, the PA may discharge and peaceably remove the consumer from the residence as directed by the reviewing officer, and in any event no sooner than seven days after the consumer receives the reviewing officer's written decision. Any such discharge must be to an appropriate form of living arrangement.

N.J. Admin. Code § 10:37A-11.3

Amended and recodified from 10:37A-9.3 by 48 N.J.R. 1636(a), effective 8/15/2016