New Jersey Administrative Code › Title 8 - HEALTH › Chapter 42 - LICENSING STANDARDS FOR HOME HEALTH AGENCIES › Subchapter 13 - PATIENT RIGHTS › Section 8:42-13.2 - Rights of each patient

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each patient shall
				be entitled to the following rights, none of which an agency or its staff shall
				abridge or violate:
1. To treatment and services
				without discrimination based on race, age, religion, national origin, sex, sexual
				preference, handicap, diagnosis, ability to pay, or source of payment;
2. To be given a written notice, prior to the
				initiation of care, of these patient rights and any additional policies and
				procedures established by the agency involving patient rights and responsibilities.
i. If a patient is unable to respond, the agency
				shall give the notice to a family member or other responsible individual;
3. To be informed in writing of the
				following:
i. Services available from the
				agency;
ii. The names and professional
				status of personnel providing and/or responsible for care;
iii. The frequency of home visits to be provided;
				and
iv. The agency's daytime and
				emergency telephone numbers;
4. To receive, in terms that the patient
				understands, an explanation of his or her plan of care, expected results, and
				reasonable alternatives.
i. If receiving this
				information would be detrimental to the patient's health, or if the patient is not
				able to understand the information, the agency shall provide the explanation to a
				family member or guardian and document the provision of the explanation in the
				patient's medical record;
5.
				To receive, as soon as possible, the services of a translator or interpreter to
				facilitate communication between the patient and health care personnel;
6. To receive ordered care and health
				services;
7. To participate in the
				planning of the patient's home health care and treatment;
8. To refuse services, including medication and
				treatment, that an agency provides and to be informed of available home health
				treatment options, including the option of no treatment and of the possible benefits
				and risks of each option;
9. To refuse
				to participate in experimental research.
i. If a
				patient chooses to participate in experimental research, an agency shall obtain the
				patient's written informed consent;
10. To receive full information about financial
				arrangements, including, but not limited to:
i.
				Fees and charges, including any fees and charges for services not covered by sources
				of third-party payment;
ii. Copies of
				written records of financial arrangements;
iii. Notification of any additional charges,
				expenses, or other financial liabilities in excess of the predetermined fee;
				and
iv. Description of agreements with
				third-party payers and/or other payers and referral systems for patients' financial
				assistance;
11. To express
				grievances to an agency's staff and governing authority regarding care and services
				without fear of reprisal, and to receive an answer to those grievances within a
				reasonable time;
12. To be free from
				mental and physical abuse and from exploitation;
13. To be free from restraints, unless they are
				authorized by a physician for a limited period of time to protect the patient or
				others from injury;
14. To be assured of
				confidential treatment of the patient's medical/health record, and to approve or
				refuse in writing its release to any individual outside the agency, except as
				required by law or third-party payment contract;
15. To be treated with courtesy, consideration,
				respect, and recognition of the patient's dignity, individuality, and right to
				privacy, including, but not limited to, auditory and visual privacy and
				confidentiality concerning patient treatment and disclosures;
16. To be assured of respect for the patient's
				personal property;
17. To join with
				other patients or individuals to work for improvements in patient care;
18. To retain and exercise to the fullest extent
				possible, all the constitutional, civil, and legal rights to which the patient is
				entitled by law, including religious liberties, the right to independent personal
				decisions, and the right to provide instructions and directions for health care in
				the event of future decision making incapacity in accordance with the New Jersey
				Advance Directives for Health Care Act,
26:2H-53
et seq., the
				Physician Orders for Life-Sustaining Treatment Act,
26:2H-129
et seq., and with
				N.J.A.C. 8:42-6.5;
19. To be transferred
				to another agency only for one of the reasons delineated at N.J.A.C.
				8:42-6.6;
20. To discharge himself or
				herself from treatment by the agency; and
21. To file a complaint with the New Jersey
				Department of Health by:
i. Twenty-four-hour
				Complaint Hotline at 1 (800) 792-9770;
ii. In writing to:
Division of Health Facility Survey and Field Operations
New Jersey Department of Health
PO Box 367
Trenton, NJ 08625-0367;
iii. By fax to (609) 943-3013; or
iv. Online at:
http://web.doh.state.nj.us/fc/search.aspx
.