N.J. Admin. Code § 8:42-13.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:42-13.2 - Rights of each patient

(a) Each patient shall be entitled to the following rights, none of which an agency or its staff shall abridge or violate:

1. To treatment and services without discrimination based on race, age, religion, national origin, sex, sexual preference, handicap, diagnosis, ability to pay, or source of payment;

2. To be given a written notice, prior to the initiation of care, of these patient rights and any additional policies and procedures established by the agency involving patient rights and responsibilities.

i. If a patient is unable to respond, the agency shall give the notice to a family member or other responsible individual;

3. To be informed in writing of the following:

i. Services available from the agency;

ii. The names and professional status of personnel providing and/or responsible for care;

iii. The frequency of home visits to be provided; and

iv. The agency's daytime and emergency telephone numbers;

4. To receive, in terms that the patient understands, an explanation of his or her plan of care, expected results, and reasonable alternatives.

i. If receiving this information would be detrimental to the patient's health, or if the patient is not able to understand the information, the agency shall provide the explanation to a family member or guardian and document the provision of the explanation in the patient's medical record;

5. To receive, as soon as possible, the services of a translator or interpreter to facilitate communication between the patient and health care personnel;

6. To receive ordered care and health services;

7. To participate in the planning of the patient's home health care and treatment;

8. To refuse services, including medication and treatment, that an agency provides and to be informed of available home health treatment options, including the option of no treatment and of the possible benefits and risks of each option;

9. To refuse to participate in experimental research.

i. If a patient chooses to participate in experimental research, an agency shall obtain the patient's written informed consent;

10. To receive full information about financial arrangements, including, but not limited to:

i. Fees and charges, including any fees and charges for services not covered by sources of third-party payment;

ii. Copies of written records of financial arrangements;

iii. Notification of any additional charges, expenses, or other financial liabilities in excess of the predetermined fee; and

iv. Description of agreements with third-party payers and/or other payers and referral systems for patients' financial assistance;

11. To express grievances to an agency's staff and governing authority regarding care and services without fear of reprisal, and to receive an answer to those grievances within a reasonable time;

12. To be free from mental and physical abuse and from exploitation;

13. To be free from restraints, unless they are authorized by a physician for a limited period of time to protect the patient or others from injury;

14. To be assured of confidential treatment of the patient's medical/health record, and to approve or refuse in writing its release to any individual outside the agency, except as required by law or third-party payment contract;

15. 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 and confidentiality concerning patient treatment and disclosures;

16. To be assured of respect for the patient's personal property;

17. To join with other patients or individuals to work for improvements in patient care;

18. To retain and exercise to the fullest extent possible, all the constitutional, civil, and legal rights to which the patient is entitled by law, including religious liberties, the right to independent personal decisions, and the right to provide instructions and directions for health care in the event of future decision making incapacity in accordance with the New Jersey Advance Directives for Health Care Act, 26:2H-53 et seq., the Physician Orders for Life-Sustaining Treatment Act, 26:2H-129 et seq., and with N.J.A.C. 8:42-6.5;

19. To be transferred to another agency only for one of the reasons delineated at N.J.A.C. 8:42-6.6;

20. To discharge himself or herself from treatment by the agency; and

21. To file a complaint with the New Jersey Department of Health by:

i. Twenty-four-hour Complaint Hotline at 1 (800) 792-9770;

ii. In writing to:

Division of Health Facility Survey and Field Operations

New Jersey Department of Health

PO Box 367

Trenton, NJ 08625-0367;

iii. By fax to (609) 943-3013; or

iv. Online at: http://web.doh.state.nj.us/fc/search.aspx.

N.J. Admin. Code § 8:42-13.2

Adopted by 48 N.J.R. 1445(a), effective 7/18/2016