N.J. Admin. Code § 8:43F-4.2

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

Section 8:43F-4.2 - Rights of each participant

(a) Participant rights, policies, and procedures shall ensure that, at a minimum, each participant admitted to the facility:

1. Is informed of these rights, as evidenced by the participant's (or, if the participant is incapacitated or under age 18, his or her parent's, legal guardian's, spouse's, or other responsible party's) written acknowledgement prior to or upon admission, and receives an explanation, in terms that the participant can understand, and a copy of the participant rights;

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

3. Is assured of care in accordance with the plan of care, is informed of the plan of care, unless medically contraindicated as documented by a physician, advanced practice nurse or physician assistant in the participant's medical record, and has the opportunity to participate in the planning of the participant's care.

4. Upon request, is informed of the risks associated with the use of any medications and/or procedures provided by the facility. May give consent to or refuse medication and treatment, and may refuse to participate in experimental research;

5. Is informed of the alternatives for care and treatment;

6. Is transferred or discharged only for medical reasons or for the participant's welfare or that of other participants upon the written order of the participant's physician, advanced practice nurse or physician assistant, as documented in the participant's medical record, except in an emergency situation, in which case the administrator shall notify the physician, advanced practice nurse or physician assistant and the family immediately following the transfer and document the reason for the transfer in the participant's medical record. If a transfer or discharge on a non-emergency basis is requested by the facility, including transfer or discharge for nonpayment for services (except as prohibited by sources of third-party payment), the participant and the participant's family shall be given at least 30 days advance written notice of such transfer or discharge;

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

8. Is free from mental and physical abuse, free from exploitation, and free from the use of chemical and physical restraints. Medications shall not be used for punishment or for convenience of facility personnel;

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

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

11. Is not required to perform work for the facility unless the work is part of the care plan and is performed voluntarily by the participant. Such work shall be in accordance with local, State, and Federal laws and rules;

12. May associate and communicate privately with persons of the participant's choice and may join with other participant's or individuals within or outside the facility to work for improvements in participant care;

13. Is allowed to conduct private telephone conversations;

14. Is assured of civil and religious liberties, including the right to independent personal decisions. No religious beliefs or practices, or any attendance at religious services, shall be imposed upon any participant;

15. Is not the object of discrimination with respect to participation in regularly scheduled recreational activities (except as provided at 8:43F-13.3(c) ), meals, or other social functions because of age, race, religion, sex, nationality, or ability to pay. The participant's participation may not be restricted or prohibited, unless the participant consents and the restriction or prohibition is documented by the participant's physician, advanced practice nurse or physician assistant in the participant's medical record;

16. Is not deprived of any constitutional, civil, and/or legal rights solely because of admission to the facility; and

17. Is encouraged and assisted to exercise rights as a participant and as a citizen, may voice grievances on behalf of the participant or others, and has the right to recommend changes in policies and services to facility personnel and/or to outside representatives of the participant's choice, free from restraint, interference, coercion, discrimination, or reprisal.

(b) The administrator shall provide all participants and/or their families with the name, address, and telephone number of the following offices where complaints may be lodged:

Division of Health Facility Survey and Field Operations

New Jersey Department of Health

PO Box 358

Trenton, NJ 08625-0358

Telephone: (800) 792-9770

New Jersey Long-Term

Care Ombudsman

Division of Elder Advocacy

New Jersey Department of the Public Advocate

PO Box 852

Trenton, NJ 08625-0852

Telephone: (877) 582-6995

Division of Medical Assistance and Health Services

New Jersey Department of Human Services

PO Box 712

Trenton, NJ 08625-0712

Website: http://www.state.nj.us/humanservices/doas/home/adultpsp.html

Division of Child Protection and Permanency

New Jersey Department of Children and Families

PO Box 729

Trenton, NJ 08625-0729

Telephone: (609) 292-0617, or to report child abuse or neglect, 1-877-NJABUSE (652-2873)

(c) The administrator shall also provide all participants and/or their families with the telephone number of the local (county) agency of the Adult Protective Services Program (APS), for adult participants, or the Division of Youth and Family Services Office of Child Abuse Control or District Office, for participants who are 16 or 17 years of age.

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

N.J. Admin. Code § 8:43F-4.2

Recodified from N.J.A.C. 8:43F-4.4 and amended by R.2005 d.388, effective 12/19/2005 (operative February 1, 2006).
See: 36 N.J.R. 5240(a), 37 N.J.R. 385(a), 4931(a).
Rewrote the section.
Former N.J.A.C. 8:43F-4.2, Development and implementation of care plans, and discharge, repealed.
Amended by R.2009 d.345, effective 11/16/2009 (operative April 1, 2010).
See: 40 N.J.R. 6266(a), 41 N.J.R. 4212(a).
In (b), updated the addresses; and in (c), substituted "participants who are 16 or 17 years of age" for "pediatric participants".
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2204(a).