New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 4 - MANDATORY RESIDENT RIGHTS › Section 8:39-4.1 - Resident rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each resident shall be entitled to the
				following rights:
1. To retain the services of a
				physician or advanced practice nurse the resident chooses, at the resident's own
				expense or through a health care plan;
2. To have a physician or advanced practice nurse
				explain to the resident, in language that the resident understands, his or her
				complete medical condition, the recommended treatment, and the expected results of
				the treatment, except when the physician deems it medically inadvisable to give such
				information to the resident and records the reason for such decision in the
				resident's medical record; and provides an explanation to his or her next of kin or
				guardian;
3. To participate, to the
				fullest extent that the resident is able, in planning his or her own medical
				treatment and care;
4. To refuse
				medication and treatment after the resident has been informed, in language that the
				resident understands, of the possible consequences of this decision. The resident
				may also refuse to participate in experimental research, including the
				investigations of new drugs and medical devices. The resident shall be included in
				experimental research only when he or she gives informed, written consent to such
				participation;
5. To be free from
				physical and mental abuse and/or neglect;
6. To be free from chemical and physical
				restraints, unless they are authorized by a physician or advanced practice nurse for
				a limited period of time to protect the resident or others from injury. Under no
				circumstances shall the resident be confined in a locked room or restrained for
				punishment, for the convenience of the nursing home staff, or with the use of
				excessive drug dosages;
7. To manage his
				or her own finances or to have that responsibility delegated to a family member, an
				assigned guardian, the nursing home administrator, or some other individual with
				power of attorney. The resident's authorization must be in writing, and must be
				witnessed in writing;
8. To receive a
				written statement or admission agreement describing the services provided by the
				nursing home and the related charges. Such statement or admission agreement must be
				in compliance with all applicable State and Federal laws. This statement or
				agreement must also include the nursing home's policies for payment of fees,
				deposits, and refunds. The resident shall receive this statement or agreement prior
				to or at the time of admission, and afterward whenever there are any
				changes;
9. To receive a quarterly
				written account of all resident's funds and itemized property that are deposited
				with the facility for the resident's use and safekeeping and of all financial
				transactions with the resident, next of kin, or guardian. This record shall also
				show the amount of property in the account at the beginning and end of the
				accounting period, as well as a list of all deposits and withdrawals, substantiated
				by receipts given to the resident or his or her guardian;
10. To have daily access during specified hours to
				the money and property that the resident has deposited with the nursing home. The
				resident also may delegate, in writing, this right of access to his or her
				representative;
11. To live in safe,
				decent, and clean conditions in a nursing home that does not admit more residents
				than it can safely accommodate while providing adequate nursing care;
12. To be treated with courtesy, consideration,
				and respect for the resident's dignity and individuality;
13. To receive notice of an intended transfer from
				one room to another within the facility or a change in roommate, including a right
				to an informal hearing with the administrator prior to the transfer as well as a
				written statement of the reasons for such transfer. The nursing home shall not move
				the resident to a different bed or room in the facility if the relocation is
				arbitrary and capricious. A transfer would not be considered arbitrary and
				capricious if a facility can document a clinical necessity for relocating the
				resident, such as a need for isolation or to address behavior management problems,
				or there is a hardship to an applicant for admission through a delay caused by
				inefficient distribution of beds by gender;
14. To wear his or her own clothes, unless this
				would be unsafe or impractical. All clothes provided by the nursing home shall fit
				in a way that is not demeaning to the resident;
15. To keep and use his or her personal property,
				unless this would be unsafe, impractical, or an infringement on the rights of other
				residents. The nursing home shall take precautions to ensure that the resident's
				personal possessions are secure from theft, loss, and misplacement;
16. To have physical privacy. The resident shall
				be allowed, for example, to maintain the privacy of his or her body during medical
				treatment and personal hygiene activities, such as bathing and using the toilet,
				unless the resident needs assistance for his or her own safety;
17. To have reasonable opportunities for private
				and intimate physical and social interaction with other people, including
				arrangements for privacy when the resident's spouse visits. If the resident and his
				or her spouse are both residents of the same nursing home, they shall be given the
				opportunity to share a room, unless this is medically inadvisable, as documented in
				their records by a physician or advanced practice nurse;
18. To confidential treatment of information about
				the resident. Information in the resident's records shall not be released to anyone
				outside the nursing home without the resident's approval, unless the resident
				transfers to another health care facility, or unless the release of the information
				is required by law, a third-party payment contract, or the New Jersey State
				Department of Health and Senior Services;
19. To receive and send mail in unopened
				envelopes, unless the resident requests otherwise. The resident also has a right to
				request and receive assistance in reading and writing correspondence unless it is
				medically contraindicated, and documented in the record by a physician or advanced
				practice nurse;
20. To have
				unaccompanied access to a telephone at a reasonable hour to conduct private
				conversations, and, if technically feasible, to have a private telephone in his or
				her living quarters at the resident's own expense;
21. To stay out of bed as long as the resident
				desires and to be awakened for routine daily care no more than two hours before
				breakfast is served, unless a physician recommends otherwise and specifies the
				reasons in the resident's medical record;
22. To receive assistance in awakening, getting
				dressed, and participating in the facility's activities, unless a physician or
				advanced practice nurse specifies reasons in the resident's medical
				record;
23. To meet with any visitors of
				the resident's choice between 8:00 A.M. and 8:00 P.M. daily. If the resident is
				critically ill, he or she may receive visits at any time from next of kin or a
				guardian, unless a physician or advanced practice nurse documents that this would be
				harmful to the resident's health;
24. To
				take part in nursing home activities, and to meet with and participate in the
				activities of any social, religious, and community groups, as long as these
				activities do not disrupt the lives of other residents;
25. To leave the nursing home during the day with
				the approval of a physician or advanced practice nurse and with the resident's
				whereabouts noted on a sign-out record. Arrangements may also be made with the
				nursing home for an absence overnight or longer;
26. To refuse to perform services for the nursing
				home;
27. To request visits at any time
				by representatives of the religion of the resident's choice and, upon the resident's
				request, to attend outside religious services at his or her own expense. No
				religious beliefs or practices shall be imposed on any resident;
28. To participate in meals, recreation, and
				social activities without being subjected to discrimination based on age, race,
				religion, sex, nationality, or disability. The resident's participation may be
				restricted or prohibited only upon the written recommendation of his or her
				physician or advanced practice nurse;
29. To organize and participate in a resident
				council that presents residents' concerns to the administrator of the facility. A
				resident's family has the right to meet in the facility with the families of other
				residents in the facility;
30. To
				discharge himself or herself from the nursing home by presenting a release signed by
				the resident. If the resident is an adjudicated mental incompetent, the release must
				be signed by his or her next of kin or guardian;
31. To be transferred or discharged only for one
				or more of the following reasons, with the reason for the transfer or discharge
				recorded in the resident's medical record:
i. In
				an emergency, with notification of the resident's physician or advanced practice
				nurse and next of kin or guardian;
ii.
				For medical reasons or to protect the resident's welfare or the welfare of
				others;
iii. To comply with clearly
				expressed and documented resident choice, or in conformance with the New Jersey
				Advance Directives for Health Care Act, as specified in
				8:39-9.6(d);
				or
iv. For nonpayment of fees, in
				situations not prohibited by law;
32. To receive written notice at least 30 days in
				advance when the nursing home requests the resident's transfer or discharge, except
				in an emergency. Written notice shall include the name, address, and telephone
				number of the State Long-Term Care Ombudsman, and shall also be provided to the
				resident's next of kin or guardian 30 days in advance;
33. To be given a written statement of all
				resident rights as well as any additional regulations established by the nursing
				home involving resident rights and responsibilities. The nursing home shall require
				each resident or his or her guardian to sign a copy of this document. In addition, a
				copy shall be posted in a conspicuous, public place in the nursing home. Copies
				shall also be given to the resident's next of kin and distributed to staff members.
				The nursing home is responsible for developing and implementing policies to protect
				resident rights;
34. To retain and
				exercise all the constitutional, civil, and legal rights to which the resident is
				entitled by law. The nursing home shall encourage and help each resident to exercise
				these rights; and
35. To voice
				complaints without being threatened or punished. Each resident is entitled to
				complain and present his or her grievances to the nursing home administrator and
				staff, to government agencies, and to anyone else without fear of interference,
				discharge, or reprisal. The nursing home shall provide each resident and his or her
				next of kin or guardian with the names, addresses, and telephone numbers of the
				government agencies to which a resident can complain and ask questions, including
				the Department and the State Long-Term Care Ombudsman. These names, addresses, and
				telephone numbers shall also be posted in a conspicuous place near every public
				telephone and on all public bulletin boards in the nursing home.