New Jersey Administrative Code › Title 8 - HEALTH › Chapter 42C - HOSPICE LICENSING STANDARDS › Subchapter 5 - PATIENT RIGHTS › Section 8:42C-5.1 - Policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The hospice shall establish and implement
				written policies and procedures regarding the rights of patients and the
				implementation of these rights as set forth in (b) below. A complete statement of
				these rights, including the right to file a complaint with the Department, shall be
				conspicuously posted in the facility and shall be distributed to all staff and
				contracted personnel. These patient rights shall be made available in any language
				which is spoken as the primary language by more than 10 percent of the population in
				the hospice program's service area.
(b)
				Each patient shall be entitled to the following rights, none of which shall be
				abridged or violated by the hospice or any of its staff:
1. To treatment and services without
				discrimination based on race, age, religion, national origin, sex, sexual
				preferences, handicap, diagnosis, ability to pay, or source of payment;
2. To be given a verbal and written notice in a
				language and manner that the patient understands, 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. If the patient is unable
				to respond, the notice shall be given to a family member or an individual who is a
				legal representative of the patient.
i. The hospice
				shall obtain the patient's or representative's signature confirming that he or she
				has received a copy of the notice of rights and responsibilities.
ii. If a patient has been adjudged incompetent
				under State law by a court with jurisdiction, the rights of the patient are
				exercised by the person appointed pursuant to State law to act on the patient's
				behalf.
iii. If a State court has not
				adjudged a patient incompetent, any legal representative designated by the patient
				in accordance with State law may exercise the patient's rights to the extent allowed
				by State law;
3. To receive
				information about the services covered under the hospice benefit and to receive
				information about the scope of services that the hospice will provide and specific
				limitations on those services;
4. To be
				informed in writing of the following:
i. The
				services available from the hospice;
ii.
				The names and professional status of personnel providing and/or responsible for
				care;
iii. The frequency of home visits
				to be provided;
iv. The hospice's
				daytime and emergency telephone numbers; and
v. Notification regarding the filing of complaints
				with the Department's 24-hour Complaint Hotline at 1-800-792-9770, or in writing to
				the Office of Assessment and Survey.
5. To receive, in terms that the patient
				understands, an explanation of his or her plan of care, expected results, and
				reasonable alternatives. if this information would be detrimental to the patient's
				health, or if the patient is not able to understand the information, the explanation
				shall be provided to a family member or an individual who is a legal representative
				of the patient and documented in the patient's medical record;
6. To receive, as soon as possible, the services
				of a translator or interpreter to facilitate communication between the patient and
				health care personnel.
i. Hospices shall make
				efforts to secure a professional, objective interpreter for hospice-patient
				communications, including those involving the notice of patient
				rights;
7. To receive the care
				and health services that have been ordered;
8. To receive effective pain management and
				symptom control from the hospice for conditions related to the terminal illness, in
				accordance with N.J.A.C. 8:43E-6;
9. To choose his or her attending physician or
				APN;
10. To be involved in the planning
				of his or her hospice care and treatment;
11. To refuse services, including medication and
				treatment, provided by the facility and to be informed of available hospice
				treatment options, including the option of no treatment, and of the possible
				benefits and risks of each option;
12.
				To refuse to participate in experimental research. If he or she chooses to
				participate, his or her written informed consent shall be obtained;
13. 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 payors and/or other payors and referral systems for patients' financial
				assistance;
14. To express
				grievances regarding care and services by anyone who is furnishing services on
				behalf of the hospice to the hospice's staff and governing authority without fear of
				reprisal, and to receive an answer to those grievances within a reasonable period of
				time;
15. To be free from mistreatment,
				neglect and mental, verbal, sexual and physical abuse and from exploitation,
				including corporal punishment, injuries of unknown source and misappropriation of
				patient property;
16. 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;
17. To be free from seclusion, of any form,
				imposed as a means of coercion, discipline, convenience or retaliation by
				staff;
18. To be assured of confidential
				treatment of his or her medical health record, and to approve or refuse in writing
				its release to any individual outside the hospice, except as required by law or
				third party payment contract;
19. To be
				treated with courtesy, consideration, respect, and recognition of his or her
				dignity, individuality, and right to privacy, including, but not limited to,
				auditory and visual privacy and confidentiality concerning patient treatment and
				disclosures;
20. To be assured of
				respect for the patient's personal property;
21. 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,
				N.J.S.A.
				26:2H-53 et seq., and any rules which may be
				promulgated pursuant thereto;
22. To be
				informed by the hospice of and receive written information concerning the hospice's
				policies on advance directives, including a description of applicable State
				law;
23. To be transferred to another
				hospice provider only for one of the reasons delineated in the Standards for
				Licensure of Residential Health Care Facilities Located with, and Operated by,
				Licensed Health Care Facilities, at
				N.J.A.C.
				8:43-4.16(g); and
24. To discharge himself or herself from treatment
				by the hospice.