New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43A - MANUAL OF STANDARDS FOR LICENSING OF AMBULATORY CARE FACILITIES › Subchapter 16 - PATIENT RIGHTS › Section 8:43A-16.2 - Rights of each patient

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each patient
				receiving services in an ambulatory care facility shall have the following rights:
1. To be informed of these rights, as evidenced by
				the patient's written acknowledgement, or by documentation by staff in the medical
				record, that the patient was offered a written copy of these rights and given a
				written or verbal explanation of these rights, in terms the patient could
				understand. The facility shall have a means to notify patients of any rules and
				regulations it has adopted governing patient conduct in the facility;
2. To be informed of services available in the
				facility, of the names and professional status of the personnel providing and/or
				responsible for the patient's care, and 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. To be informed
				if the facility has authorized other health care and educational institutions to
				participate in the patient's treatment. The patient also shall have a right to know
				the identity and function of these institutions, and to refuse to allow their
				participation in the patient's treatment;
4. To receive from the patient's physician(s) or
				clinical practitioner(s), in terms that the patient understands, an explanation of
				his or her complete medical/health condition or diagnosis, recommended treatment,
				treatment options, including the option of no treatment, risk(s) of treatment, and
				expected result(s). If this information would be detrimental to the patient's
				health, or if the patient is not capable of understanding the information, the
				explanation shall be provided to the patient's next of kin or guardian. This release
				of information to the next of kin or guardian, along with the reason for not
				informing the patient directly, shall be documented in the patient's medical
				record;
5. To participate in the
				planning of the patient's care and treatment, and to refuse medication and
				treatment. Such refusal shall be documented in the patient's medical
				record;
6. To be included in
				experimental research only when the patient gives informed, written consent to such
				participation, or when a guardian gives such consent for an incompetent patient in
				accordance with law, rule and regulation. The patient may refuse to participate in
				experimental research, including the investigation of new drugs and medical
				devices;
7. To voice grievances or
				recommend changes in policies and services to facility personnel, the governing
				authority, and/or outside representatives of the patient's choice either
				individually or as a group, and free from restraint, interference, coercion,
				discrimination, or reprisal;
8. To be
				free from mental and physical abuse, free from exploitation, and free from use of
				restraints unless they are authorized by a physician for a limited period of time to
				protect the patient or others from injury. Drugs and other medications shall not be
				used for discipline of patients or for convenience of facility personnel;
9. To confidential treatment of information about
				the patient.
i. Information in the patient's
				medical record shall not be released to anyone outside the facility without the
				patient's approval, unless another health care facility to which the patient was
				transferred requires the information, or unless the release of the information is
				required and permitted by law, a third-party payment contract, or a peer review, or
				unless the information is needed by the Department for statutorily-authorized
				purposes.
ii. The facility may release
				data about the patient for studies containing aggregated statistics when the
				patient's identity is masked;
10. To be treated with courtesy, consideration,
				respect, and recognition of the patient's dignity, individuality, and right to
				privacy, including, but not limited to, auditory and visual privacy. The patient's
				privacy shall also be respected when facility personnel are discussing the
				patient;
11. To not be required to
				perform work for the facility unless the work is part of the patient's treatment and
				is performed voluntarily by the patient. Such work shall be in accordance with
				local, State, and Federal laws and rules;
12. To exercise 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
				patient;
13. To not be discriminated
				against because of age, race, religion, sex, nationality, or ability to pay, or
				deprived of any constitutional, civil, and/or legal rights solely because of
				receiving services from the facility; and
14. To expect and receive appropriate assessment,
				management and treatment of pain as an integral component of that person's care in
				accordance with N.J.A.C. 8:43E-6.