N.J. Admin. Code § 8:111-17.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:111-17.2 - Rights of each client

(a) Each client receiving services shall have:

1. The right to be informed of these rights, as evidenced by the client's written acknowledgment or by documentation by staff in the clinical record that the client was offered a written copy of these rights and given a written or verbal explanation of these rights in terms the client could understand;

2. The right to be notified of any rules and policies the facility has established governing client conduct in the facility;

3. The right to be informed of services available in the facility, the names and professional status of the staff providing and/or responsible for the client's care, fees and related charges, including the payment, fee, deposit and refund policy of the program, and any charges for services not covered by sources of third-party payment or the facility's basic rate.

i. Clients shall sign a form verifying that they have been advised of the facility's fee policies. This signed form shall be maintained on file with a copy provided to the client;

4. The right to be informed if the facility has authorized other health care and educational institutions to participate in his or her treatment, the identity and function of these institutions and the right to refuse to allow the participation of other institutions in his or her treatment;

5. The right to receive from his or her physicians or clinical practitioner(s) an explanation of his or her complete medical/health condition or diagnosis, recommended treatment, treatment options, including the option of no treatment, risks(s) of treatment, and expected result(s), in terms that he or she understands.

i. If this information would be detrimental to the client's health, or if the client is not capable of understanding the information, the explanation shall be provided to a family member, legal guardian or significant other, as available.

ii. Release of information to a family member, legal guardian or significant other, along with the reason for not informing the client directly, shall be documented in the client's clinical record.

iii. All consents to release information shall be signed by the client or for adolescents their parent, guardian or legally authorized representative. All consents to release information shall comply with Federal statutes and rules for the Confidentiality of Alcohol and Drug Abuse Client Records at 42 U.S.C. §§ 290dd-2 and 290ee-2, and 42 CFR Part 2 and the provisions of HIPAA;

6. The right to participate in the planning of his or her care and treatment, and to refuse medication and treatment.

i. A client's refusal of medication or treatment shall be verified by staff by way of the client's signature and documented as such in the client's clinical record;

7. The right to participate in experimental research only when the client gives informed, written consent to such participation, or when a guardian or legally authorized representative gives such consent for an incompetent client in accordance with law, rule and regulation;

8. The right to voice grievances or recommend changes in policies and services to program staff, the governing authority, and/or outside representatives of his or her choice either individually or as a group, free from restraint, interference, coercion, discrimination, or reprisal;

9. The right to be free from mental, sexual, and physical abuse, exploitation, coercive acts by staff and other clients and from the use of restraints unless restraints are authorized pursuant to N.J.A.C. 8.111-6.5.

i. A client's ordered medications shall not be withheld for failure to comply with facility rules or procedures, unless the decision is made to terminate the client in accordance with this chapter; medications may only be withheld when the facility medical staff determines that such action is medically indicated and the determination of such has been documented in the client's medical record and clinical record;

10. The right to confidential treatment of information about the client.

i. Information in the client's clinical record shall not be released to anyone outside the program without the client's written consent to release the information in accordance with Federal statutes and rules for the Confidentiality of Alcohol and Drug Abuse Client Records at 42 U.S.C. §§ 290dd-2 and 290ee-2 and 42 CFR Part 2 and the provisions of the HIPAA, unless the release of the information is required and permitted by law, a third-party payment contract, a peer review or the information is needed by the Department for statutorily authorized purposes.

ii. The facility may release data about the client for studies containing aggregated statistics only when the client's identity is protected and de-identified;

11. The right to be treated with courtesy, consideration, respect, and with recognition of his or her dignity, individuality, and right to privacy, including, but not limited to, auditory and visual privacy.

i. The client's privacy also shall be respected when a facility and clinical staff are discussing the client with others;

12. The right to not be required to perform work for the facility, unless the work is part of the client's treatment, is performed voluntarily, the therapeutic benefit is documented in the treatment plan, and is otherwise in accordance with local, State and Federal laws and rules.

i. A client maintains the right to refuse to perform work for the facility even in those instances in which work activities are a part of the client's treatment and identified as such in the treatment plan;

13. The right to exercise civil and religious liberties, including the right to independent personal decisions.

i. No religious beliefs or practices, or any attendance at religious services, shall be imposed upon any client;

14. The right to not be discriminated against because of age, race, religion, sex, nationality, sexual orientation, disability (including, but not limited to, blind, deaf, hard of hearing) or ability to pay; or to be deprived of any constitutional, civil and/or legal rights;

15. The right to be transferred or discharged only for medical reasons, for the client's welfare, that of other clients or staff upon the written order of a physician or other licensed clinician or for failure to pay required fees as agreed at time of admission (except as prohibited by sources of third-party payment).

i. Transfers and discharges, and the reasons therefor, shall be documented in the client's clinical record.

ii. If a transfer or discharge on a non-emergency basis is planned by the facility, the client and his or her family shall be given at least 10 days advance notice of such transfer or discharge, except as otherwise provided for in this chapter;

16. The right to be notified in writing, and to have the opportunity to appeal, an involuntary discharge;

17. The right to have access to and obtain a copy of his or her clinical record, in accordance with the facility's policies and procedures and applicable Federal and State laws and rules;

18. The right to retain and use personal clothing and possessions, unless to do so would be unsafe or would infringe on the rights of other clients in the facility.

i. If the client has property on deposit with the facility, he or she will have daily access to such property during specific periods established by the facility.

ii. All client belongings shall be returned to the client when the client is discharged or decides to leave treatment within 30 days; and

19. The right to be allowed visiting time at reasonable hours in accordance with the client treatment plan and, if critically ill, to be allowed visits from his or her family or legally authorized representative at any time, unless medically contraindicated and documented by a physician in the client's medical record.

i. Members of the clergy shall be notified by the facility at the client's request. The hours of visitation by clergy shall be established by the facility.

N.J. Admin. Code § 8:111-17.2

Amended and recodified from 10:161A-17.2 53 N.J.R. 2208(a), effective 12/20/2021