New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 4 - PARTICIPANT RIGHTS › Section 8:43F-4.2 - Rights of each participant

Current through Register Vol. 56, No. 14, July 15, 2024
(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.