N.J. Admin. Code § 8:37-2.7

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

Section 8:37-2.7 - Resident admission agreement, financial arrangements, and full disclosure

(a) Prior to or upon admission, the licensee shall enter into a written resident admission agreement with each resident of the dementia care home or the resident's responsible party.

(b) The licensee shall disclose in the resident admission agreement, at a minimum, the services it will provide to the resident, the amount of any required security deposit, transportation it will provide for healthcare appointments, and the fee for the transportation, if any, the public programs or benefits that it accepts or delivers, the policies and discharge criteria that affect a resident's ability to remain in the facility, the fees for services provided and charges for supplies routinely provided by the licensee, and the costs of supplies which are specially ordered.

(c) Concerning financial arrangements, the licensee shall:

1. Impose no additional charges, expenses, or other financial liabilities in excess of what is provided in the resident admission agreement, unless at least 30 days written notification is provided to the resident and any responsible person of the charges and there is written documentation evidencing the resident's agreement to pay such charges;

2. Impose no additional charges for increased level of care without documentation of recertification of the physician, as required by N.J.A.C. 8:37-4.1(a), that supports the need for the increase;

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

4. Provide the resident and any responsible person with information about obtaining financial assistance available from third-party payers and/or other payers and referral systems for resident financial assistance.

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

1. The licensee shall hold such funds in trust for the resident and they shall remain the property of the resident and shall be returned to the resident, any responsible person, or the resident's estate upon discharge or death minus any outstanding payment owed to the licensee by the resident within 60 days after the person is no longer a resident.

2. All such funds shall be held in an interest-bearing account, in accordance with the requirements set forth at N.J.S.A. 30:13-4.1.

3. Immediately upon investment, the licensee shall notify the resident and any responsible person, in writing, of the name and address of the bank or investment company holding the funds and the amount of the deposit.

i. The licensee shall thereafter provide a quarterly statement to each resident and any responsible person for whom it holds security funds in trust identifying the balance, interest earned, and any deductions for charges or expenses incurred in accordance with the terms of the resident admission agreement.

(e) Every licensee to whom a resident's personal funds are entrusted shall maintain a ledger setting forth the date on which each payment was received, the amount of each such payment, the date of each disbursement, the amount of each such disbursement, the person to whom each such disbursement was made, and the purpose of each disbursement.

1. The resident or the resident's responsible party shall sign the ledger to acknowledge receipt of personal funds or of goods or services purchased with such personal funds.

N.J. Admin. Code § 8:37-2.7

Adopted by 49 N.J.R. 461(a), effective 2/7/2017

Recodified from 8:37-2.5 by 49 N.J.R. 3981(a), effective 12/18/2017