New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 10 - CLIENT RIGHTS AND RESPONSIBILITIES › Section 8:43B-10.1 - Rights of each client

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each client shall
				have, at a minimum, the following rights, none of which shall be abridged by an AFC
				caregiver, other residents of the AFC home, or AFC sponsor agency staff:
1. The right to be treated as an adult, with
				respect, dignity, courtesy, and consideration, and have individual needs for privacy
				recognized and upheld, which shall include the right to independence and
				individuality;
2. The right to be
				informed of all client rights and house rules and to be provided with a written
				statement of such rights and rules.
i. The AFC
				home shall require each client or client representative to sign a copy of the
				written statement; and
ii. The AFC
				caregiver shall post the written statement in a conspicuous, community space in the
				AFC home;
3. The right to
				make choices concerning the client's care, services, and lifestyle;
4. The right to be informed of the client's
				condition and the right to consent to, or refuse, care and services after the client
				has been informed, in language that the client understands, of the possible
				consequences of the decision;
5. The
				right to participate, to the fullest extent that the client is able, in planning for
				the client's care and services;
6. The
				right to receive appropriate care and services, as needed, including personalized
				services and care in accordance with the client's individualized service plan and a
				level of care and services that addresses the client's changing physical and
				psychosocial status;
7. The right to a
				safe and secure environment, including the right to live in safe and clean
				conditions in an AFC home that does not admit more clients than it can safely
				accommodate while providing services and care;
8. The right to be free from abuse, exploitation,
				and neglect;
9. The right to complete
				privacy when receiving care and services;
10. The right to associate and communicate
				privately with any person the client chooses;
11. The right to participate in activities of
				social, religious, and community groups;
12. The right to have medical and personal
				information kept confidential.
i. Information in
				the client's records shall not be released to anyone, other than an employee of the
				AFC home, without the client's approval, unless the client 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;
13. The right to keep and use a reasonable amount
				of personal clothing and belongings, and have a reasonable amount of private, secure
				storage space;
14. The right to manage
				the client's own money and financial affairs, unless the client is legally
				restricted from doing so;
15. The right
				to receive, from the AFC caregiver, a written agreement regarding the care and
				services to be provided, and the terms and conditions for termination of residency
				from the home;
16. The right to be
				provided, by the AFC caregiver, a written statement of the rates to be charged and
				30 days' written notice of any change in the rates;
17. The right to make suggestions and complaints
				without fear of retaliation;
18. The
				right to be free from chemical and physical restraints, unless a health care
				provider authorizes the use thereof for a limited time to protect the client or
				others from injury.
i. Under no circumstances
				shall a client be confined in a locked room or restrained for punishment, for the
				convenience of an AFC caregiver or staff, or with the use of excessive drug dosages
				not prescribed by a health care provider;
19. The right to refuse to participate in
				experimental research, including the investigation of new drugs and medical devices.
i. The client shall participate in experimental
				research only if the client gives informed, written consent to such
				participation;
20. The right
				to associate and communicate privately with any person the client chooses, which
				includes the right to have a private telephone in the client's living quarters at
				the client's own expense, the right to meet with any visitors of the client's
				choice, at any time, the right to have reasonable opportunities for private and
				intimate physical and social interaction with other people, and the opportunity to
				share a room with another individual.
i. Any
				restriction of the choice of visitors, time of visits, and/or sharing of a room
				shall be documented in the person-centered care planning process;
21. The right to send and receive mail
				unopened and the right to request and receive assistance in reading and writing
				correspondence, unless it is medically contraindicated and documented in the record
				by a health care provider;
22. The right
				to have reasonable access to and privacy in the use of electronic communications,
				such as email and video communications, and for internet research:
i. If the access is available at the AFC
				home;
ii. At the client's expense; if
				any additional expense is incurred by the AFC home to provide such access to the
				client; and
iii. In compliance with
				applicable State and Federal law;
23. The right to have the client's personal
				possessions secured from theft, loss, and misplacement;
24. The right to have daily access during
				specified hours to money and property that the client deposits with an AFC sponsor
				agency, and to delegate, in writing, this right of access to the client
				representative;
25. The right to receive
				a quarterly written account of all client's funds and itemized property that are
				deposited with an AFC home for the client's use and safekeeping and all of the
				client's financial transactions with the client, next of kin, or legal guardian.
i. This record shall show the amount of property
				in the account at the beginning and end of the accounting period, and a list of all
				deposits and withdrawals, substantiated by receipts given to the client or the
				client representative;
26.
				The right to practice the religion of the client's choice, or to abstain from
				religious practices, including the right to request visits at any time by
				representatives of the religion of the client's choice and, upon the client's
				request, to attend outside religious services at his or her own expense.
i. No religious beliefs or practices shall be
				imposed upon any client;
27.
				The right to be free of discrimination regarding race, religion, creed, color,
				disability, national origin, ancestry, age, sex, gender identity or expression,
				affectional or sexual orientation, marital status, familial status, liability for
				service in the Armed Forces of the United States, or nationality, including the
				right to recreation and social activities without being subjected to discrimination.
i. Any restriction on the choice of recreation or
				social activities shall be documented in the personcentered care planning
				process;
28. The right to
				privacy, including the requirement that only appropriate staff are provided door
				keys to the client's room;
29. The right
				to have or not to have the participation of families and friends in the client's
				service planning and implementation;
30.
				The right to receive pain management, as needed, in accordance with
				N.J.A.C.
				8:43E-6;
31. The right to choose a health care
				provider;
32. The right to obtain
				medications from a pharmacy of the client's choosing provided the pharmacy complies
				with the AFC home's medication administration system, if applicable;
33. The right to engage in competitive integrated
				employment;
34. The right of access to
				all community spaces in the AFC home.
i. Any
				restriction of this choice shall be documented in the person-centered care planning
				process;
35. The right to
				refuse to perform services for the AFC home;
36. The right to participate in meals and have
				access to food and snacks at all times.
i. Any
				restriction of this choice shall be documented in the person-centered planning
				process;
37. The right not to
				be moved to a different bed or room in the AFC home if the relocation is arbitrary
				and capricious;
38. The right to be
				transferred or discharged only in accordance with the terms of the residency
				agreement and N.J.A.C. 8:43B-8.2;
39. The right to receive at least 30 days advance
				written notice from the AFC caregiver if the AFC caregiver requests the client's
				transfer or discharge, except in an emergency.
i.
				The written notice shall include the name, address, and telephone number of the New
				Jersey Office of the Long-Term Care Ombudsman; and
ii. The AFC caregiver shall provide written notice
				at least 30 days in advance of the proposed transfer to the client representative,
				if applicable, or, with the client's consent, the client's family; and
40. The right to hire a private
				caregiver and/or companion at the client's expense and responsibility, provided the
				caregiver and/or companion complies with the AFC home's policies and
				procedures.