New Jersey Administrative Code › Title 8 - HEALTH › Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS › Subchapter 4 - RESIDENT RIGHTS › Section 8:36-4.1 - Posting and distribution of statement of resident rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each assisted living
				provider shall post and distribute a statement of resident rights for all residents
				of assisted living residences, comprehensive personal care homes, and assisted
				living programs. Each resident is entitled to the following rights:
1. The right to receive personalized services and
				care in accordance with the resident's individualized general service and/or health
				service plan;
2. The right to receive a
				level of care and services that addresses the resident's changing physical and
				psychosocial status;
3. The right to
				have his or her independence and individuality;
4. The right to be treated with respect, courtesy,
				consideration and dignity;
5. The right
				to make choices with respect to services and lifestyle;
6. The right to privacy;
7. The right to have or not to have families' and
				friends' participation in resident service planning and implementation;
8. The right to receive pain management as needed,
				in accordance with N.J.A.C. 8:43E-6;
9.
				The right to choose a physician, advanced practice nurse, or physician
				assistant;
10. The right to appeal an
				involuntary discharge as specified at
				N.J.A.C.
				8:36-5.14(b);
11. The right to receive written documentation
				that fee increases based on a higher level of care are based on reassessment of the
				resident and in accordance with
				N.J.A.C.
				8:36-6.2;
12. The right to receive a written explanation of
				fee increases that are not related to increased services, upon request by the
				resident;
13. The right to participate,
				to the fullest extent that the resident is able, in planning his or her own medical
				treatment and care;
14. The right to
				refuse medication and treatment after the resident has been informed, in language
				that the resident understands, of the possible consequences of this
				decision;
15. The right to 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;
16. The right to be free from physical and mental
				abuse and/or neglect;
17. The right to
				be free from chemical and physical restraints, unless a physician, advanced practice
				nurse, or physician assistant authorizes the use 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 facility staff, or with the use of excessive drug dosages;
18. The right to manage his or her own
				finances or to have that responsibility delegated to a family member, an assigned
				guardian, the facility administrator, or some other individual with power of
				attorney. The resident's authorization must be in writing, and must be witnessed in
				writing;
19. The right to receive an
				admission agreement describing the services provided by the facility and the related
				charges. Such admission agreement must be in compliance with all applicable State
				and Federal laws. This agreement must also include the facility's policies for
				payment of fees, deposits, and refunds. The resident shall receive this agreement
				prior to or at the time of admission, and afterwards, all addenda to this agreement,
				whenever there are any changes, in accordance with
				N.J.A.C.
				8:36-6.2;
20. The right 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;
21.
				The right to have daily access during specified hours to the money and property that
				the resident has deposited with the facility. The resident also may delegate, in
				writing, this right of access to his or her representative;
22. The right to live in safe and clean conditions
				in a facility that does not admit more residents than it can safely accommodate
				while providing services and care;
23.
				The right not to be moved to a different bed or room in the facility if the
				relocation is arbitrary and capricious;
24. The right to wear his or her own
				clothes;
25. The right 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 facility shall take precautions
				to ensure that the resident's personal possessions are secure from theft, loss, and
				misplacement;
26. The right to have
				reasonable opportunities for private and intimate physical and social interaction
				with other people. The resident shall be provided an opportunity to share a room
				with another individual unless it is medically inadvisable;
27. The right to receive confidential treatment of
				information about the resident. Information in the resident's records shall not be
				released to anyone outside the facility 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 Department
				;
28. The right 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,
				advanced practice nurse, or physician assistant;
29. The right to have a private telephone in his
				or her living quarters at the resident's own expense;
30. The right to meet with any visitors of the
				resident's choice, at any time, in accordance with facility policies and
				procedures;
31. The right to take part
				in 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;
32. The right
				to refuse to perform services for the facility;
33. The right 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;
34. The right to participate in meals, recreation,
				and social activities without being subjected to discrimination based on age, race,
				religion, sex, marital status, nationality, or disability. The resident's
				participation may be restricted or prohibited only upon the written recommendation
				of his or her physician, advanced practice nurse, or physician assistant;
35. The right 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;
36. The right to be transferred or discharged only
				in accordance with the terms of the admission agreement and only in accordance with
				N.J.A.C.
				8:36-5.1(d);
37. The right to receive written notice at least
				30 days in advance when the facility requests the resident's transfer or discharge,
				except in an emergency. This written notice shall include the name, address, and
				telephone number of the Long-Term Care Ombudsman , and shall also be provided to the
				resident's legally appointed guardian, if applicable, or, with the resident's
				consent, to the resident's family, 30 days in advance;
38. The right to be given a written statement of
				all resident rights as well as any additional regulations established by the
				facility involving resident rights and responsibilities. The facility shall require
				each resident or his or her legally appointed guardian to sign a copy of this
				document. In addition, a copy shall be posted in a conspicuous, public place in the
				facility;
39. The right to retain and
				exercise all the Constitutional, civil and legal rights to which the resident is
				entitled by law. The facility shall encourage and help each resident to exercise
				these rights;
40. The right to voice
				complaints without being threatened or punished. Each resident is entitled to
				complain and present his or her grievances to the administrator and staff, to
				government agencies, and to anyone else without fear of interference, discharge, or
				reprisal. The facility shall provide each resident and his or her legally appointed
				guardian, if applicable, and the resident's family member 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 in the facility;
41. The right to
				hire a private caregiver/companion at the resident's expense and responsibility, as
				long as the caregiver/companion complies with the facility's policies and
				procedures; and
42. The right to obtain
				medications from a pharmacy of the resident's choosing, as long as the pharmacy
				complies with the facility's medication administration system, if applicable.