New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 9 - NOTICE OF RIGHTS › Section 5:19-9.2 - Content of notice of rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each resident shall
				be provided with a document entitled "Bill of Rights for Continuing Care Retirement
				Community Residents in Independent Living," which document shall, in 12-point or
				larger type, contain each of the rights described below.
1. Unless a resident has violated the continuing
				care agreement or facility rules, or the facility has cancelled the agreement with
				sufficient notice and cause, or if the facility for sound business reasons decides
				to raze or to otherwise cease operating the structure, or the part of it, in which
				the resident's unit is located, a resident may occupy the resident's chosen unit for
				as long as the resident can function independently, with or without the assistance
				of an aide or aides. Any determination that the resident can no longer function
				independently, with or without the assistance of an aide or aides, shall be made by
				the director of medical services of the facility and be subject to the requirements
				of section 4 of P.L. 2013, c. 167 (
52:27D-360.4
) and N.J.A.C.
				5:19-11. The facility shall also timely notify the resident in writing of any right
				that the resident may have to appeal that determination.
2. Each resident shall have privacy within the
				resident's unit, except that personnel must be admitted for contracted services or
				to respond to an emergency or complaint.
3. Any resident may serve or participate in a
				local, State, or national residents' association, or other similar organization
				without discrimination or reprisal.
4.
				Each resident shall retain and be able to exercise all constitutional, civil, and
				other rights to which the resident is entitled by law.
5. Each resident shall be treated with respect,
				courtesy, consideration, and dignity.
6.
				Any resident or legal representative of the resident may refuse medication or
				treatment after being fully informed of the possible benefits or risks.
7. Each resident has the right to express
				complaints without fear of interference, discharge, or reprisal, and the right to
				contact the Office of the Ombudsman for the Institutionalized Elderly, or any
				advocate or agency which provides health, social, legal, or other services to
				advocate on behalf of residents if the resident feels that the rights of the
				resident or of other persons are being violated.
8. Each resident has the right to expect the
				facility to investigate promptly and try to resolve all concerns the resident
				expresses. A record shall be kept of all written complaints made to the facility's
				senior management concerning residents' rights. This record shall be available to
				only the particular resident or the resident's legal representative, immediate
				family members, the residents' physicians, and agents of the State of New Jersey or
				other appropriate governmental agency. Each resident may file a complaint with any
				agency, including the appropriate State office, without fear of reprisal from the
				facility. Residents may also request that their complaints remain
				anonymous.
9. The facility shall not
				modify or reduce the scope of provided services, with the exception of modifications
				required by State or Federal assistance programs, without providing the residents
				with a minimum of 30-days' prior notice of the modification or reduction. All
				services to be provided shall be listed in a form designated by the Department
				pursuant to
5:19-6.4(a)
2.
10. Each resident is
				entitled to 30-days' advance written notice prior to the increase of any
				fees.
11. A resident may choose any
				outside physician as the resident's primary care physician.
12. A resident may hire a private caregiver or
				companion at the resident's own expense and responsibility, as long as the caregiver
				or companion complies with the facility's policies and procedures.
13. Each resident is entitled to view or receive a
				copy of the resident's own medical record, free of charge.
14. Each resident may participate personally, or
				through a legal representative, in all decisions regarding the resident's own health
				care.
15. Each resident or legal
				representative of the resident shall receive, upon request, a complete explanation
				of the resident's medical condition, any recommended treatment, and the possible
				benefits or risks involved.
16. A
				resident may appoint a legal representative with a durable power of attorney to
				handle financial matters if the resident is unable to do so.
17. Pursuant to section 4 of the "New Jersey
				Advance Directives for Health Care Act," P.L. 1991, c. 201 (
26:2H-56
), a resident may
				execute an advance directive concerning the use of life-sustaining treatment, and
				may appoint a legal representative with a durable power of attorney to act on behalf
				of the resident with regard to health care decisions. The resident has the right to
				expect that the provisions of the advance directive will be executed to the fullest
				extent possible.
18. Each resident shall
				receive every service, as contracted in the continuing care agreement that was
				executed upon the resident's admission, unless waived in writing by the resident,
				with the exception of changes required by State or Federal law or permitted in the
				continuing care agreement.
19. A
				resident shall have the right to receive guests and visitors at the facility, and
				the right to allow guests to stay for a reasonable temporary period of time in a
				guest apartment or unit in the facility, subject to reasonable policies and
				procedures of the facility.
20. A
				resident may leave and return to the resident's independent living unit at will,
				provided the resident informs the facility if the resident will be temporarily
				absent overnight, or for a longer period of time. The facility shall notify
				residents in writing as to whether they will be charged a per diem fee or other
				charges during any such time that they are absent from the facility.
21. A resident has the right to refuse to perform
				work or services for the facility without coercion, discrimination, or reprisal by
				the facility.
22. No resident shall be
				requested or required to accept any restriction of the rights or privileges of a
				resident as set forth in this section.
23. A resident may request from the facility, and
				shall receive without undue delay and without cost, a copy of the rights of nursing
				home residents, as provided in section 5 of P.L. 1976, c. 120 (
30:13-5
).
24. A resident may request from the facility, and
				shall receive without undue delay and without cost, a copy of the rights of
				residents of assisted living facilities, as provided in
				section
				1 of
				P.L.
				2011, c. 58
				(
26:2H-128
).
25. A resident may request from the facility, and
				shall receive without undue delay and without cost, a copy of the "Bill of Rights
				for Continuing Care Retirement Community Residents in Independent Living," as
				provided in section 5 of P.L. 2013, c. 167 (
52:27D-360.5
).
26. A resident who is insured by a health
				maintenance organization has the right to be referred by the resident's primary care
				physician to the nursing care unit that is part of the resident's facility instead
				of any other unit, provided that the unit has the capacity to provide the services
				needed and that it is in the best interests of the resident, and further provided
				that the facility accepts the applicable reimbursement rate. This right also applies
				to any resident being discharged from a hospital or similar facility.
27. A resident shall receive, upon request without
				undue delay and without cost, a fee schedule for any uncovered service before
				agreeing to the performance of that service.
28. Each resident shall have the right to receive
				a copy of the facility's annual disclosure statement, including certified financial
				statements, once they have been filed with the Department without undue delay and
				without cost.
29. A resident who is
				experiencing financial difficulties may thoroughly investigate with the facility any
				financial assistance which may be available to allow the resident to remain at the
				facility. The facility shall provide sustaining charitable assistance, unless the
				facility can demonstrate that:
i. Providing this
				assistance would adversely affect the financial health of the facility;
ii. The resident has violated the terms of the
				continuing care agreement or providing this assistance would violate the terms of
				the continuing care agreement; or
iii.
				Providing this assistance would cause the facility to violate a covenant in a loan
				agreement.
30. A resident may
				remain in a facility despite financial difficulty until the facility demonstrates to
				the Department that the entrance fee the resident paid, if applicable, has been
				fully earned by the facility, using the formula set forth under the Department
				regulations for rescission and removal, pursuant to
5:19-6.5(f)
.
				A resident shall not be permitted to remain at the facility if the financial
				difficulty is due to the resident's misrepresentation to the facility about the
				extent of the resident's assets or income or if the resident gives away significant
				assets while residing at the facility. The facility shall notify the resident in
				writing of any right that the resident may have to appeal that
				determination.
31. Each resident shall
				be informed of Medicare and Medicaid program benefits and shall receive assistance
				in accessing these benefits to the extent that they are available at the
				facility.