N.J. Admin. Code § 8:36-6.2

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

Section 8:36-6.2 - Financial arrangements and full disclosure

(a) The facility shall disclose in the admission agreement the service it will provide, the public programs or benefits that it accepts or delivers, the policies that affect a resident's ability to remain in the residence and any waivers that have been granted of the regulations regarding physical plant requirements at N.J.A.C. 8:36-14 for assisted living residences or N.J.A.C. 8:36-22 for comprehensive personal care homes.

(b) Concerning financial arrangements, the facility shall:

1. Upon admission and at the time of any change in charges, inform the residents in writing, of any and all fees for services provided and charges for supplies routinely provided by the facility. The facility shall also inform the resident of the costs of supplies which are specially ordered. At the resident's request, this information may be provided instead to the resident's family, guardian, or responsible person;

2. Impose no additional charges for increased level of care without documentation of reassessment by the registered nurse that necessitates the increase;

3. Impose no additional charges, expenses, or other financial liabilities in excess of the daily, weekly, or monthly rate included in the admission agreement, unless written notification is provided to the resident.

i. Where there is written documentation of the resident's agreement to the purchase and cost of supplies which are purchased through the facility;

4. Maintain a written record of all financial arrangements with the resident and/or his or her family, guardian, or responsible person with copies furnished to the resident; and

5. Provide the resident with information about obtaining financial assistance available from third-party payors and/or other payors and referral systems for resident financial assistance.

(c) All residents who have advanced a security deposit to a facility prior to or upon their admission shall be entitled to receive interest earnings, which have accumulated on such funds or property.

1. The facility shall hold such funds or property in trust for the resident and they shall remain the property of the resident and shall be returned to the resident or the resident's estate upon discharge or death minus any outstanding payment owed to the facility by the resident, in accordance with the resident admission agreement.

2. All such funds shall be held in an interest-bearing account as established under requirements of 30:13-1 et seq.

3. The facility may deduct an amount not to exceed one percent per annum of the amount so invested or deposited for costs of servicing and processing the accounts.

4. The facility, within 60 days of establishing an account, shall notify the resident, in writing, of the name of the bank or investment company holding the funds and the account number. The facility shall thereafter provide a quarterly statement to each resident it holds security funds in trust for identifying the balance, interest earned, and any deductions for charges or expenses incurred in accordance with the terms of the contract or agreement of admission.

N.J. Admin. Code § 8:36-6.2