N.J. Admin. Code § 8:43J-4.2

Current through Register Vol. 56, No. 17, September 3, 2024

Section 8:43J-4.2 - Rights of each child

(a) The facility shall establish policies and procedures to protect the rights of each child, that require, at a minimum, that children's parents:

1. Are informed of these rights, as evidenced by the execution of a written acknowledgement of receipt of this information prior to or upon admission, in terms that the child's parent understands;

2. Are informed of services available in the facility and of the names and professional status of the personnel providing and/or responsible for the child's care and receive a written statement of fees and related charges, including the payment, fee, deposit and refund policy of the facility, any charges for services not covered by sources of third-party payment or by the facility's basic rate and any special payment plans established by the facility;

3. Are assured of the child's care in accordance with the interdisciplinary plan of care, is informed of the interdisciplinary plan of care, and have the opportunity to participate in the planning of the child's care;

4. Are advised that the facility shall transfer or discharge the child for medical reasons or for the welfare of the child or of other children only upon the written order of the child's primary health care provider, as documented in the child's medical record, except in an emergency situation, in which case the administrator shall notify the primary health care provider and the child's parent immediately following the transfer and document the reason for the transfer in the child's medical record.

i. If the facility requests a transfer or discharge on a non-emergency basis, including transfer or discharge for nonpayment for services (except as prohibited by sources of third-party payment), the child's parent shall be given at least 30 days advance written notice of such transfer or discharge;

5. Have access to and/or may obtain a copy of the child's medical record, in accordance with the facility's policies and procedures;

6. Are assured that the child shall be free from mental and physical abuse, exploitation and the use of chemical and physical restraints, unless the use of restraints are authorized by a written order from the child's primary health care provider and that medications shall not be used for punishment or for convenience of facility personnel;

7. Are assured that the child's records and disclosures shall receive confidential treatment and that the parent shall have the opportunity to approve or refuse their release to any individual in writing, except in the case of the child's transfer to another health care facility or as required by law or third-party payment contract;

8. Are advised that the child shall be treated with courtesy, consideration, respect and full recognition of the child's dignity, individuality and right to privacy, including, but not limited to, auditory and visual privacy and confidentiality concerning treatment and disclosures and that the privacy of the child's body shall be maintained during toileting, bathing and other activities of personal hygiene;

9. Are advised that the child shall not be deprived of any constitutional, civil and/or legal rights;

10. Are informed that every parent has the right, personally or through others, to present grievances to local or State authorities without reprisal, interference, coercion or discrimination of the child as a result of such grievance or suggestion;

11. Are informed that, in the case of a Medicaid beneficiary, the determination of eligibility to receive services is not permanent and that redeterminations will be made on the basis of subsequent assessments pursuant to N.J.A.C. 10:166.

i. An acknowledgement of this shall be signed by the parent and retained in the child's permanent record; and

12. Are informed of the availability of regular day care or preschool if the child's condition improves sufficiently to no longer require pediatric medical day care facility services.

(b) The administrator shall provide the child's parent with the name, address, and telephone number of the following offices with which complaints may be lodged:

Division of Health Facility Survey and Field Operations New Jersey Department of Health PO Box 367 Trenton, NJ 08625-0367 Telephone: (800) 792-9770

Division of Medical Assistance and Health Services New Jersey Department of Human Services PO Box 712 Trenton, NJ 08625-0712 Telephone: (609) 588-3828

Division of Child Protection and Permanency New Jersey Department of Children and Families PO Box 717 Trenton, NJ 08625-0717 Telephone: (609) 292-6920 or (800) 792-8610.

(c) The administrator shall provide the child's parent with the telephone number of the applicable local office of the Division of Youth and Family Services, Child Abuse Control Office.

(d) The telephone numbers in (b) and (c) above, shall be posted in the facility at every public telephone and on all bulletin boards used for posting public notices.

N.J. Admin. Code § 8:43J-4.2

Notice of readoption with technical change.
See: 48 N.J.R. 2354(a).