N.J. Admin. Code § 8:36-4.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:36-4.1 - Posting and distribution of statement of resident rights

(a) Each assisted living provider shall post and distribute a statement of resident rights for all residents of assisted living residences, comprehensive personal care homes, and assisted living programs. Each resident is entitled to the following rights:

1. The right to receive personalized services and care in accordance with the resident's individualized general service and/or health service plan;

2. The right to receive a level of care and services that addresses the resident's changing physical and psychosocial status;

3. The right to have his or her independence and individuality;

4. The right to be treated with respect, courtesy, consideration and dignity;

5. The right to make choices with respect to services and lifestyle;

6. The right to privacy;

7. The right to have or not to have families' and friends' participation in resident service planning and implementation;

8. The right to receive pain management as needed, in accordance with N.J.A.C. 8:43E-6;

9. The right to choose a physician, advanced practice nurse, or physician assistant;

10. The right to appeal an involuntary discharge as specified at N.J.A.C. 8:36-5.14(b);

11. The right to receive written documentation that fee increases based on a higher level of care are based on reassessment of the resident and in accordance with N.J.A.C. 8:36-6.2;

12. The right to receive a written explanation of fee increases that are not related to increased services, upon request by the resident;

13. The right to participate, to the fullest extent that the resident is able, in planning his or her own medical treatment and care;

14. The right to refuse medication and treatment after the resident has been informed, in language that the resident understands, of the possible consequences of this decision;

15. The right to refuse to participate in experimental research, including the investigations of new drugs and medical devices. The resident shall be included in experimental research only when he or she gives informed, written consent to such participation;

16. The right to be free from physical and mental abuse and/or neglect;

17. The right to be free from chemical and physical restraints, unless a physician, advanced practice nurse, or physician assistant authorizes the use for a limited period of time to protect the resident or others from injury. Under no circumstances shall the resident be confined in a locked room or restrained for punishment, for the convenience of the facility staff, or with the use of excessive drug dosages;

18. The right to manage his or her own finances or to have that responsibility delegated to a family member, an assigned guardian, the facility administrator, or some other individual with power of attorney. The resident's authorization must be in writing, and must be witnessed in writing;

19. The right to receive an admission agreement describing the services provided by the facility and the related charges. Such admission agreement must be in compliance with all applicable State and Federal laws. This agreement must also include the facility's policies for payment of fees, deposits, and refunds. The resident shall receive this agreement prior to or at the time of admission, and afterwards, all addenda to this agreement, whenever there are any changes, in accordance with N.J.A.C. 8:36-6.2;

20. The right to receive a quarterly written account of all resident's funds and itemized property that are deposited with the facility for the resident's use and safekeeping and of all financial transactions with the resident, next of kin, or guardian. This record shall also show the amount of property in the account at the beginning and end of the accounting period, as well as a list of all deposits and withdrawals, substantiated by receipts given to the resident or his or her guardian;

21. The right to have daily access during specified hours to the money and property that the resident has deposited with the facility. The resident also may delegate, in writing, this right of access to his or her representative;

22. The right to live in safe and clean conditions in a facility that does not admit more residents than it can safely accommodate while providing services and care;

23. The right not to be moved to a different bed or room in the facility if the relocation is arbitrary and capricious;

24. The right to wear his or her own clothes;

25. The right to keep and use his or her personal property, unless this would be unsafe, impractical, or an infringement on the rights of other residents. The facility shall take precautions to ensure that the resident's personal possessions are secure from theft, loss, and misplacement;

26. The right to have reasonable opportunities for private and intimate physical and social interaction with other people. The resident shall be provided an opportunity to share a room with another individual unless it is medically inadvisable;

27. The right to receive confidential treatment of information about the resident. Information in the resident's records shall not be released to anyone outside the facility without the resident's approval, unless the resident 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 ;

28. The right to receive and send mail in unopened envelopes, unless the resident requests otherwise. The resident also has a right to request and receive assistance in reading and writing correspondence unless it is medically contraindicated, and documented in the record by a physician, advanced practice nurse, or physician assistant;

29. The right to have a private telephone in his or her living quarters at the resident's own expense;

30. The right to meet with any visitors of the resident's choice, at any time, in accordance with facility policies and procedures;

31. The right to take part in activities, and to meet with and participate in the activities of any social, religious, and community groups, as long as these activities do not disrupt the lives of other residents;

32. The right to refuse to perform services for the facility;

33. The right to request visits at any time by representatives of the religion of the resident's choice and, upon the resident's request, to attend outside religious services at his or her own expense. No religious beliefs or practices shall be imposed on any resident;

34. The right to participate in meals, recreation, and social activities without being subjected to discrimination based on age, race, religion, sex, marital status, nationality, or disability. The resident's participation may be restricted or prohibited only upon the written recommendation of his or her physician, advanced practice nurse, or physician assistant;

35. The right to organize and participate in a Resident Council that presents residents' concerns to the administrator of the facility. A resident's family has the right to meet in the facility with the families of other residents in the facility;

36. The right to be transferred or discharged only in accordance with the terms of the admission agreement and only in accordance with N.J.A.C. 8:36-5.1(d);

37. The right to receive written notice at least 30 days in advance when the facility requests the resident's transfer or discharge, except in an emergency. This written notice shall include the name, address, and telephone number of the Long-Term Care Ombudsman , and shall also be provided to the resident's legally appointed guardian, if applicable, or, with the resident's consent, to the resident's family, 30 days in advance;

38. The right to be given a written statement of all resident rights as well as any additional regulations established by the facility involving resident rights and responsibilities. The facility shall require each resident or his or her legally appointed guardian to sign a copy of this document. In addition, a copy shall be posted in a conspicuous, public place in the facility;

39. The right to retain and exercise all the Constitutional, civil and legal rights to which the resident is entitled by law. The facility shall encourage and help each resident to exercise these rights;

40. The right to voice complaints without being threatened or punished. Each resident is entitled to complain and present his or her grievances to the administrator and staff, to government agencies, and to anyone else without fear of interference, discharge, or reprisal. The facility shall provide each resident and his or her legally appointed guardian, if applicable, and the resident's family member with the names, addresses, and telephone numbers of the government agencies to which a resident can complain and ask questions, including the Department and the State Long-Term Care Ombudsman . These names, addresses, and telephone numbers shall also be posted in a conspicuous place in the facility;

41. The right to hire a private caregiver/companion at the resident's expense and responsibility, as long as the caregiver/companion complies with the facility's policies and procedures; and

42. The right to obtain medications from a pharmacy of the resident's choosing, as long as the pharmacy complies with the facility's medication administration system, if applicable.

(b) Each resident, resident's family member, and resident's legally appointed guardian, if applicable, shall be informed of the resident rights enumerated in this subchapter, and each shall be explained to him or her.

(c) The facility shall have policies and procedures to ensure the implementation of resident rights as listed in (a) above.

N.J. Admin. Code § 8:36-4.1

Amended by 54 N.J.R. 54(a), effective 1/3/2022