N.J. Admin. Code § 8:43B-10.1

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

Section 8:43B-10.1 - Rights of each client

(a) Each client shall have, at a minimum, the following rights, none of which shall be abridged by an AFC caregiver, other residents of the AFC home, or AFC sponsor agency staff:

1. The right to be treated as an adult, with respect, dignity, courtesy, and consideration, and have individual needs for privacy recognized and upheld, which shall include the right to independence and individuality;

2. The right to be informed of all client rights and house rules and to be provided with a written statement of such rights and rules.

i. The AFC home shall require each client or client representative to sign a copy of the written statement; and

ii. The AFC caregiver shall post the written statement in a conspicuous, community space in the AFC home;

3. The right to make choices concerning the client's care, services, and lifestyle;

4. The right to be informed of the client's condition and the right to consent to, or refuse, care and services after the client has been informed, in language that the client understands, of the possible consequences of the decision;

5. The right to participate, to the fullest extent that the client is able, in planning for the client's care and services;

6. The right to receive appropriate care and services, as needed, including personalized services and care in accordance with the client's individualized service plan and a level of care and services that addresses the client's changing physical and psychosocial status;

7. The right to a safe and secure environment, including the right to live in safe and clean conditions in an AFC home that does not admit more clients than it can safely accommodate while providing services and care;

8. The right to be free from abuse, exploitation, and neglect;

9. The right to complete privacy when receiving care and services;

10. The right to associate and communicate privately with any person the client chooses;

11. The right to participate in activities of social, religious, and community groups;

12. The right to have medical and personal information kept confidential.

i. Information in the client's records shall not be released to anyone, other than an employee of the AFC home, without the client's approval, unless the client transfers to another health care facility or unless the release of the information is required by law, a third-party payment contract, or the Department;

13. The right to keep and use a reasonable amount of personal clothing and belongings, and have a reasonable amount of private, secure storage space;

14. The right to manage the client's own money and financial affairs, unless the client is legally restricted from doing so;

15. The right to receive, from the AFC caregiver, a written agreement regarding the care and services to be provided, and the terms and conditions for termination of residency from the home;

16. The right to be provided, by the AFC caregiver, a written statement of the rates to be charged and 30 days' written notice of any change in the rates;

17. The right to make suggestions and complaints without fear of retaliation;

18. The right to be free from chemical and physical restraints, unless a health care provider authorizes the use thereof for a limited time to protect the client or others from injury.

i. Under no circumstances shall a client be confined in a locked room or restrained for punishment, for the convenience of an AFC caregiver or staff, or with the use of excessive drug dosages not prescribed by a health care provider;

19. The right to refuse to participate in experimental research, including the investigation of new drugs and medical devices.

i. The client shall participate in experimental research only if the client gives informed, written consent to such participation;

20. The right to associate and communicate privately with any person the client chooses, which includes the right to have a private telephone in the client's living quarters at the client's own expense, the right to meet with any visitors of the client's choice, at any time, the right to have reasonable opportunities for private and intimate physical and social interaction with other people, and the opportunity to share a room with another individual.

i. Any restriction of the choice of visitors, time of visits, and/or sharing of a room shall be documented in the person-centered care planning process;

21. The right to send and receive mail unopened and the right to request and receive assistance in reading and writing correspondence, unless it is medically contraindicated and documented in the record by a health care provider;

22. The right to have reasonable access to and privacy in the use of electronic communications, such as email and video communications, and for internet research:

i. If the access is available at the AFC home;

ii. At the client's expense; if any additional expense is incurred by the AFC home to provide such access to the client; and

iii. In compliance with applicable State and Federal law;

23. The right to have the client's personal possessions secured from theft, loss, and misplacement;

24. The right to have daily access during specified hours to money and property that the client deposits with an AFC sponsor agency, and to delegate, in writing, this right of access to the client representative;

25. The right to receive a quarterly written account of all client's funds and itemized property that are deposited with an AFC home for the client's use and safekeeping and all of the client's financial transactions with the client, next of kin, or legal guardian.

i. This record shall show the amount of property in the account at the beginning and end of the accounting period, and a list of all deposits and withdrawals, substantiated by receipts given to the client or the client representative;

26. The right to practice the religion of the client's choice, or to abstain from religious practices, including the right to request visits at any time by representatives of the religion of the client's choice and, upon the client's request, to attend outside religious services at his or her own expense.

i. No religious beliefs or practices shall be imposed upon any client;

27. The right to be free of discrimination regarding race, religion, creed, color, disability, national origin, ancestry, age, sex, gender identity or expression, affectional or sexual orientation, marital status, familial status, liability for service in the Armed Forces of the United States, or nationality, including the right to recreation and social activities without being subjected to discrimination.

i. Any restriction on the choice of recreation or social activities shall be documented in the personcentered care planning process;

28. The right to privacy, including the requirement that only appropriate staff are provided door keys to the client's room;

29. The right to have or not to have the participation of families and friends in the client's service planning and implementation;

30. The right to receive pain management, as needed, in accordance with N.J.A.C. 8:43E-6;

31. The right to choose a health care provider;

32. The right to obtain medications from a pharmacy of the client's choosing provided the pharmacy complies with the AFC home's medication administration system, if applicable;

33. The right to engage in competitive integrated employment;

34. The right of access to all community spaces in the AFC home.

i. Any restriction of this choice shall be documented in the person-centered care planning process;

35. The right to refuse to perform services for the AFC home;

36. The right to participate in meals and have access to food and snacks at all times.

i. Any restriction of this choice shall be documented in the person-centered planning process;

37. The right not to be moved to a different bed or room in the AFC home if the relocation is arbitrary and capricious;

38. The right to be transferred or discharged only in accordance with the terms of the residency agreement and N.J.A.C. 8:43B-8.2;

39. The right to receive at least 30 days advance written notice from the AFC caregiver if the AFC caregiver requests the client's transfer or discharge, except in an emergency.

i. The written notice shall include the name, address, and telephone number of the New Jersey Office of the Long-Term Care Ombudsman; and

ii. The AFC caregiver shall provide written notice at least 30 days in advance of the proposed transfer to the client representative, if applicable, or, with the client's consent, the client's family; and

40. The right to hire a private caregiver and/or companion at the client's expense and responsibility, provided the caregiver and/or companion complies with the AFC home's policies and procedures.

(b) An AFC caregiver shall ensure that a written notice of the rights set forth at (a) above is given to each client.

1. The written notice shall include the name, address, and telephone number of the New Jersey Office of the Long-Term Care Ombudsman; and

2. The AFC caregiver shall post the written notice in the entry or another equally prominent location in the AFC home.

N.J. Admin. Code § 8:43B-10.1

Adopted by 55 N.J.R. 377(a), effective 3/6/2023