New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 4 - CHILD RIGHTS › Section 8:43J-4.2 - Rights of each child

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall establish policies and
				procedures to protect the rights of each child, that require, at a minimum, that
				children's parents:
1. Are informed of these
				rights, as evidenced by the execution of a written acknowledgement of receipt of
				this information prior to or upon admission, in terms that the child's parent
				understands;
2. Are informed of services
				available in the facility and of the names and professional status of the personnel
				providing and/or responsible for the child's care and receive a written statement of
				fees and related charges, including the payment, fee, deposit and refund policy of
				the facility, any charges for services not covered by sources of third-party payment
				or by the facility's basic rate and any special payment plans established by the
				facility;
3. Are assured of the child's
				care in accordance with the interdisciplinary plan of care, is informed of the
				interdisciplinary plan of care, and have the opportunity to participate in the
				planning of the child's care;
4. Are
				advised that the facility shall transfer or discharge the child for medical reasons
				or for the welfare of the child or of other children only upon the written order of
				the child's primary health care provider, as documented in the child's medical
				record, except in an emergency situation, in which case the administrator shall
				notify the primary health care provider and the child's parent immediately following
				the transfer and document the reason for the transfer in the child's medical record.
i. If the facility requests a transfer or
				discharge on a non-emergency basis, including transfer or discharge for nonpayment
				for services (except as prohibited by sources of third-party payment), the child's
				parent shall be given at least 30 days advance written notice of such transfer or
				discharge;
5. Have access to
				and/or may obtain a copy of the child's medical record, in accordance with the
				facility's policies and procedures;
6.
				Are assured that the child shall be free from mental and physical abuse,
				exploitation and the use of chemical and physical restraints, unless the use of
				restraints are authorized by a written order from the child's primary health care
				provider and that medications shall not be used for punishment or for convenience of
				facility personnel;
7. Are assured that
				the child's records and disclosures shall receive confidential treatment and that
				the parent shall have the opportunity to approve or refuse their release to any
				individual in writing, except in the case of the child's transfer to another health
				care facility or as required by law or third-party payment contract;
8. Are advised that the child shall be treated
				with courtesy, consideration, respect and full recognition of the child's dignity,
				individuality and right to privacy, including, but not limited to, auditory and
				visual privacy and confidentiality concerning treatment and disclosures and that the
				privacy of the child's body shall be maintained during toileting, bathing and other
				activities of personal hygiene;
9. Are
				advised that the child shall not be deprived of any constitutional, civil and/or
				legal rights;
10. Are informed that
				every parent has the right, personally or through others, to present grievances to
				local or State authorities without reprisal, interference, coercion or
				discrimination of the child as a result of such grievance or suggestion;
11. Are informed that, in the case of a Medicaid
				beneficiary, the determination of eligibility to receive services is not permanent
				and that redeterminations will be made on the basis of subsequent assessments
				pursuant to N.J.A.C. 10:166.
i. An acknowledgement
				of this shall be signed by the parent and retained in the child's permanent record;
				and
12. Are informed of the
				availability of regular day care or preschool if the child's condition improves
				sufficiently to no longer require pediatric medical day care facility
				services.