N.J. Admin. Code § 8:43D-4.11

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

Section 8:43D-4.11 - Involuntary discharge

(a) Written notification by the administrator shall be provided to a resident and/or his or her family, guardian, or designated responsible person, of a decision to involuntarily discharge the resident from the facility. The notification shall contain a clear and concise statement of the basis for involuntary discharge, and the resident's/responsible person's right to appeal. A copy of the notice shall be entered into the resident's medical record.

(b) The resident and/or his or her family, guardian or designated responsible person shall have the right to appeal to the administrator any involuntary discharge from the facility. The appeal shall be in writing and a copy shall be included in the resident's record along with a copy of the written disposition or resolution of the appeal. The resident and/or his or her family, guardian or designated responsible person shall have the right to retain legal counsel to represent the resident in the appeal.

(c) In an emergency situation, for the protection of the health, safety and general welfare of a resident or others, a facility may transfer the resident without providing 30 days notice.

1. In the event of such discharge, a facility shall submit written notice to the Office of Certificate of Need and Healthcare Facility Licensure.

N.J. Admin. Code § 8:43D-4.11

Amended by 48 N.J.R. 2336(a), effective 11/7/2016