New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43G - HOSPITAL LICENSING STANDARDS › Subchapter 4 - PATIENT RIGHTS › Section 8:43G-4.1 - Patient rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every New Jersey hospital patient shall have
				the following rights, none of which shall be abridged by the hospital or any of its
				staff. The hospital administrator shall be responsible for developing and
				implementing policies to protect patient rights and to respond to questions and
				grievances pertaining to patient rights. These rights shall include at least the
				following:
1. To receive the care and health
				services that the hospital is required to provide under
N.J.S.A.
				26:1-1
et seq. and rules adopted by the
				Department to implement this law;
2. To
				treatment and medical services without discrimination based on race, age, religion,
				national origin, sex, sexual preferences, handicap, diagnosis, ability to pay, or
				source of payment;
3. To retain and
				exercise to the fullest extent possible all the constitutional, civil, and legal
				rights to which the patient is entitled by law;
4. To be informed of the names and functions of
				all physicians and other health care professionals who are providing direct care to
				the patient. These people shall identify themselves by introduction or by wearing a
				name tag;
5. To receive, as soon as
				possible, the services of a translator or interpreter to facilitate communication
				between the patient and the hospital's health care personnel;
6. 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 condition, recommended treatment, risk(s) of the
				treatment, expected results and reasonable medical alternatives. 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 his or her next
				of kin or guardian and documented in the patient's medical record;
7. To give informed, written consent prior to the
				start of specified nonemergency procedures or treatments only after a physician or
				clinical practitioner has explained -- in terms that the patient understands --
				specific details about the recommended procedure or treatment, the risks involved,
				the possible duration of incapacitation, and any reasonable medical alternatives for
				care and treatment. The procedures requiring informed, written consent shall be
				specified in the hospital's policies and procedures. If the patient is incapable of
				giving informed, written consent, consent shall be sought from the patient's next of
				kin or guardian or through an advance directive, to the extent authorized by law. If
				the patient does not given written consent, a physician or clinical practitioner
				shall enter an explanation in the patient's medical record;
8. To refuse medication and treatment to the
				extent permitted by law and to be informed of the medical consequences of this
				act;
9. To be included in experimental
				research only when he or she gives informed, written consent to such participation,
				or when a guardian provides such consent for an incompetent patient in accordance
				with law and regulation. The patient may refuse to participate in experimental
				research, including the investigations of new drugs and medical devices;
10. To be informed if the hospital 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 may refuse to allow their participation in the patient's
				treatment;
11. To be informed of the
				hospital's policies and procedures regarding life-saving methods and the use or
				withdrawal of life-support mechanisms. Such policies and procedures shall be made
				available promptly in written format to the patient, his or her family or guardian,
				and to the public, upon request;
12. To
				be informed by the attending physician and other providers of health care services
				about any continuing health care requirements after the patient's discharge from the
				hospital. The patient shall also have the right to receive assistance from the
				physician and appropriate hospital staff in arranging for required follow-up care
				after discharge;
13. To receive
				sufficient time before discharge to have arrangements made for health care needs
				after hospitalization;
14. To be
				informed by the hospital about any discharge appeal process to which the patient is
				entitled by law;
15. To be transferred
				to another facility only for one of the following reasons, with the reason recorded
				in the patient's medical record:
i. The
				transferring hospital is unable to provide the type or level of medical care
				appropriate for the patient's needs. The hospital shall make an immediate effort to
				notify the patient's primary care physician and the next of kin, and document that
				the notifications were received; or
ii.
				The transfer is requested by the patient, or by the patient's next of kin or
				guardian when the patient is mentally incapacitated or incompetent;
16. To receive from a physician an
				explanation of the reasons for transferring the patient to another facility,
				information about alternatives to the transfer, verification of acceptance from the
				receiving facility, and assurance that the movement associated with the transfer
				will not subject the patient to substantial, unnecessary risk of deterioration of
				his or her medical condition. This explanation of the transfer shall be given in
				advance to the patient, and/or to the patient's next of kin or guardian except in a
				life-threatening situation where immediate transfer is necessary;
17. To be treated with courtesy, consideration,
				and respect for the patient's dignity and individuality;
18. To freedom from physical and mental
				abuse;
19. To freedom from restraints,
				unless they are authorized by a physician for a limited period of time to protect
				the patient or others from injury;
20.
				To have physical privacy during medical treatment and personal hygiene functions,
				such as bathing and using the toilet, unless the patient needs assistance for his or
				her own safety. The patient's privacy shall also be respected during other health
				care procedures and when hospital personnel are discussing the patient;
21. To confidential treatment of information about
				the patient. Information in the patient's records shall not be released to anyone
				outside the hospital 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, a medical peer review, or the Department . The hospital may
				release data about the patient for studies containing aggregated statistics when the
				patient's identity is masked;
22. To
				receive a copy of the hospital payment rates, regardless of source of payment. Upon
				request, the patient or responsible party shall be provided with an itemized bill
				and an explanation of the charges if there are further questions. The patient or
				responsible party has a right to appeal the charges. The hospital shall provide the
				patient or responsible party with an explanation of procedures to follow in making
				such an appeal;
23. To be advised in
				writing of the hospital rules and regulations that apply to the conduct of patients
				and visitors.
i. The partner in a civil union of a
				patient, and/or the domestic partner of a patient, shall have the same visitation
				privileges as if the visitor were the patient's spouse.
ii. A facility shall not require a patient or the
				patient's civil union partner or domestic partner to produce proof of that
				partnership status as a condition of affording visitation privileges, unless the
				facility in similar situations requires married patients or their spouses to produce
				proof of marital status.
iii. Visitation
				privileges shall not be denied or abridged on the basis of race, creed, color,
				national origin, ancestry, age, marital status, affectional or sexual orientation,
				familial status, disability, nationality, sex, gender identity or expression or
				source of lawful income.
iv. Visitation
				may be restricted in medically appropriate circumstances or based on the clinical
				decision of a health care professional charged with the patient's care;
24. To have prompt access to the
				information contained in the patient's medical record, unless a physician prohibits
				such access as detrimental to the patient's health, and explains the reason in the
				medical record. In that instance, the patient's next of kin or guardian shall have a
				right to see the record. This right continues after the patient is discharged from
				the hospital for as long as the hospital has a copy of the record;
25. To obtain a copy of the patient's medical
				record, at a reasonable fee, within 30 days of a written request to the hospital. If
				access by the patient is medically contraindicated (as documented by a physician in
				the patient's medical record), the medical record shall be made available to a
				legally authorized representative of the patient or the patient's
				physician;
26. To have access to
				individual storage space in the patient's room for the patient's private use. If the
				patient is unable to assume responsibility for his or her personal items, there
				shall be a system in place to safeguard the patient's personal property until the
				patient or next of kin is able to assume responsibility for these items;
27. To be given a summary of these patient rights,
				as approved by the Department, and any additional policies and procedures
				established by the hospital involving patient rights and responsibilities. This
				summary shall also include the name and phone number of the hospital staff member to
				whom patients can complain about possible patient rights violations. This summary
				shall be provided in the patient's native language if 10 percent or more of the
				population in the hospital's service area speak that language. In addition, a
				summary of these patient rights, as approved by the Department , shall be posted
				conspicuously in the patient's room and in public places throughout the hospital.
				Complete copies of this subchapter shall be available at nurse stations and other
				patient care registration areas in the hospital for review by patients and their
				families or guardians;
28. To present
				his or her grievances to the hospital staff member designated by the hospital to
				respond to questions or grievances about patient rights and to receive an answer to
				those grievances within a reasonable period of time. The hospital is required to
				provide each patient or guardian with the names, addresses, and telephone numbers of
				the government agencies to which the patient can complain and ask questions,
				including the Department's Complaint Hotline at 1-800-792-9770. This information
				shall also be posted conspicuously in public places throughout the
				hospital;
29. To be assisted in
				obtaining public assistance and the private health care benefits to which the
				patient may be entitled. This includes being advised that they are indigent or lack
				the ability to pay and that they may be eligible for coverage, and receiving the
				information and other assistance needed to qualify and file for benefits or
				reimbursement;
30. To contract directly
				with a New Jersey licensed registered professional nurse of the patient's choosing
				for private professional nursing care during his or her hospitalization. A
				registered professional nurse so contracted shall adhere to hospital policies and
				procedures in regard to treatment protocols, and policies and procedures so long as
				these requirements are the same for private duty and regularly employed nurses. The
				hospital, upon request, shall provide the patient or designee with a list of local
				non-profit professional nurses association registries that refer nurses for private
				professional nursing care; and
31. 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.