Bill Text: NJ A3644 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires residential psychiatric and long-term care facilities to provide certain financial information to facility residents and other individuals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-12 - Introduced, Referred to Assembly Aging and Human Services Committee [A3644 Detail]
Download: New_Jersey-2024-A3644-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Requires residential psychiatric and long-term care facilities to provide certain financial information to facility residents and other individuals.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring residential psychiatric and long-term care facilities to provide certain financial information to residents and other individuals and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2011, c.58 (C.26:2H-128) is amended to read as follows:
1. a. Each assisted living
facility and comprehensive personal care home provider licensed pursuant to
P.L.1971, c.136
(C.26:2H-1 et seq.) shall distribute to each resident and post in a
conspicuous, public place in the facility or home, as applicable, a statement
of resident rights. The statement of rights shall include, at a minimum, the
rights set forth in subsection b. of this section. Each resident, resident
family member, and legally appointed guardian, as applicable, shall be informed
of the resident rights, and provided with explanations if needed. The provider
shall ensure that each resident, or the resident's legally appointed guardian,
as applicable, signs a copy of the statement of rights.
b. Every resident of an assisted living facility or comprehensive personal care home that is licensed in the State shall have the right to:
(1) receive personalized services and care in accordance with the resident's individualized general service or health service plan;
(2) receive a level of care and services that address the resident's changing physical and psychosocial status;
(3) have the resident's independence and individuality;
(4) be treated with respect, courtesy, consideration, and dignity;
(5) make choices with respect to services and lifestyle;
(6) privacy;
(7) have or not to have families' and friends' participation in resident service planning and implementation;
(8) receive pain management as needed, in accordance with Department of Health regulations;
(9) choose a physician, advanced practice nurse, or physician assistant;
(10) appeal an involuntary discharge as specified in department regulations;
(11) receive written documentation that fee increases based on a higher level of care are based on reassessment of the resident and in accordance with department regulations;
(12) receive a written explanation of fee increases that are not related to increased services, upon request by the resident;
(13) participate, to the fullest extent that the resident is able, in planning the resident's own medical treatment and care;
(14) refuse medication and treatment after the resident has been informed, in language that the resident understands, of the possible consequences of this decision;
(15) refuse to participate in experimental research, including the investigations of new drugs and medical devices, and to be included in experimental research only when the resident gives informed, written consent to such participation;
(16) be free from physical and mental abuse and neglect;
(17) 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 a resident be confined in a locked room, or restrained, including with the use of excessive drugs, for punishment or for the convenience of staff;
(18) manage the resident's own finances, and [to] delegate that responsibility to a family member, assigned guardian, facility administrator, or some other individual with power of attorney. The resident's authorization delegating such authority shall be witnessed and in writing;
(19) receive prior to or at the time of admission, and afterwards through addenda, an admission agreement that complies with all applicable State and federal laws, describes the services provided and the related charges, and includes the policies for payment of fees, deposits, and refunds;
(20) receive a quarterly written account of the resident's funds, the itemized property deposited with the facility for the resident's use and safekeeping, and all financial transactions with the resident, next-of-kin, [or] and guardian, if any, which account shall 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. The written account and copies of receipts shall be given to the resident [or], the resident's guardian, if any, the resident's next-of-kin, and, if the resident has been adjudicated an incapacitated individual by a court of competent jurisdiction and is a ward of the State, any other individual whom the resident identified upon becoming a ward of the State to receive written accounts and copies of receipts;
(21) have daily access during specified hours to the money and property that the resident has deposited with the facility, and to delegate, in writing, this right of access to a representative;
(22) live in safe and clean conditions that do not admit more residents than can safely be accommodated;
(23) not be arbitrarily and capriciously moved to a different bed or room;
(24) wear the resident's own clothes;
(25) keep and use the resident's personal property, unless doing so would be unsafe, impractical, or an infringement on the rights of other residents;
(26) reasonable opportunities for private and intimate physical and social interaction with other people, including the opportunity to share a room with another individual unless it is medically inadvisable;
(27) confidential treatment with regard to information about the resident, subject to the requirements of law;
(28) receive and send mail in unopened envelopes, unless the resident requests otherwise, and the right to request and receive assistance in reading and writing correspondence unless medically contraindicated;
(29) have a private telephone in the resident's living quarters at the resident's own expense;
(30) meet with any visitors of the resident's choice, at any time, in accordance with facility policies and procedures;
(31) 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) refuse to perform services for the facility;
(33) 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 the resident's own expense;
(34) participate in meals, recreation, and social activities without being subjected to discrimination based on age, race, religion, sex, marital status, nationality, or disability;
(35) organize and participate in a resident council that presents residents' concerns to the administrator of the facility;
(36) be transferred or discharged only in accordance with the terms of the admission agreement and with N.J.A.C. 8:36-5.1(d);
(37) receive written notice at least 30 days in advance when the facility requests the resident's transfer or discharge, except in an emergency, which notice shall include the name and contact information for the New Jersey Office of the Ombudsman for the Institutionalized Elderly;
(38) receive a written statement of resident rights and any regulations established by the facility involving resident rights and responsibilities;
(39) retain and exercise all constitutional, civil, and legal rights to which the resident is entitled by law;
(40) voice complaints without fear of interference, discharge, reprisal, and obtain contact information respecting government agencies to which residents can complain and ask questions, which information also shall be posted in a conspicuous place in the facility;
(41) hire a private caregiver or companion at the resident's expense and responsibility, as long as the caregiver or companion complies with the facility's policies and procedures; and
(42) 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.
(cf: P.L.2012, c.17, s.254)
2. Section 23 of P.L.2015, c.125 (C.26:2H-154) is amended to read as follows:
23. a. Every resident of a dementia care home facility shall have the right:
(1) To manage the resident's own financial affairs;
(2) To wear the resident's own clothing;
(3) To determine the resident's own dress, hair style, or other personal effects according to individual preference;
(4) To retain and use the resident's personal property in the resident's immediate living quarters, so as to maintain individuality and personal dignity, except where the facility can demonstrate that it would be unsafe, impractical to do so, or infringe upon the rights of others, and that mere convenience is not the facility's motive to restrict this right;
(5) To receive and send unopened correspondence;
(6) To unaccompanied access to a telephone at a reasonable hour and to a private phone at the resident's expense;
(7) To privacy;
(8) To retain the services of the resident's own personal physician at the resident's own expense or under a health care plan and to confidentiality and privacy concerning the resident's medical condition and treatment;
(9) To unrestricted communication, including personal visitation with any person of the resident's choice, at any reasonable hour;
(10) To make contacts with the community and to achieve the highest level of independence, autonomy, and interaction with the community of which the resident is capable;
(11) To present grievances on behalf of the resident or others to the operator, State governmental agencies, or other persons without threat of reprisal in any form or manner;
(12) To a safe and decent living environment and considerate and respectful care that recognizes the dignity and individuality of the resident;
(13) To refuse to perform services for the facility, except as contracted for by the resident and the operator;
(14) To practice the religion of the resident's choice, or to abstain from religious practice; [and]
(15) To not be deprived of any constitutional, civil, or legal right solely by reason of residence in a dementia care home; and
(16) To receive a quarterly written account of the resident's funds, the itemized property deposited with the facility for the resident's use and safekeeping, and all financial transactions with the resident, next-of-kin, and guardian, if any, which account shall 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. The written account and copies of receipts shall be given to the resident, the resident's guardian, if any, the resident's next-of-kin, and, if the resident has been adjudicated an incapacitated individual by a court of competent jurisdiction and is a ward of the State, any other individual whom the resident identified upon becoming a ward of the State to receive written accounts and copies of receipts.
b. The operator of a dementia care home shall ensure that a written notice of the rights set forth in subsection a. of this section is given to every resident upon admittance to the facility and to each resident upon request. The operator shall also post this notice in a conspicuous public place in the facility. This notice shall include the name, address, and telephone numbers of the Office of the Ombudsman for the Institutionalized Elderly, county welfare agency, and county office on aging.
c. A person or resident whose rights as set forth in subsection a. of this section are violated shall have a cause of action against any person committing the violation. The action may be brought in any court of competent jurisdiction to enforce those rights and to recover actual and punitive damages for their violation. A plaintiff who prevails in the action shall be entitled to recover reasonable attorney's fees and costs of the action.
(cf: P.L.2015, c.125, s.23)
3. Section 10 of P.L.1965, c.59 (C.30:4-24.2) is amended to read as follows:
10. a. Subject to any other provisions of law and the Constitutions of New Jersey and the United States, no patient shall be deprived of any civil right solely because of receipt of treatment under the provisions of this Title nor shall the treatment modify or vary any legal or civil right of any patient, including, but not limited to, the right to register for and to vote at elections, or rights relating to the granting, forfeiture, or denial of a license, permit, privilege, or benefit pursuant to any law.
b. Every patient in treatment shall be entitled to all rights set forth in P.L.1965, c.59 and shall retain all rights not specifically denied him under this Title. A notice of the rights set forth in P.L.1965, c.59 shall be given to every patient within five days of admission to treatment. The notice shall be written in simple understandable language. It shall be in a language the patient understands and if the patient cannot read the notice, it shall be read to the patient. If a patient is adjudicated incapacitated, the notice shall be given to the patient's guardian. Receipt of this notice shall be acknowledged in writing, with a copy placed in the patient's file. If the patient or guardian refuses to acknowledge receipt of the notice, the person delivering the notice shall state this in writing, with a copy placed in the patient's file.
c. No patient may be presumed to be incapacitated because of an examination or treatment for mental illness, regardless of whether the evaluation or treatment was voluntarily or involuntarily received. A patient who leaves a mental health program following evaluation or treatment for mental illness, regardless of whether that evaluation or treatment was voluntarily or involuntarily received, shall be given a written statement of the substance of P.L.1965, c.59.
d. Each patient in treatment shall have the following rights, a list of which shall be prominently posted in all facilities providing these services and otherwise brought to the patient's attention by additional means as the department may designate:
(1) To be free from unnecessary or excessive medication. No medication shall be administered unless at the written order of a physician. Notation of each patient's medication shall be kept in the patient's treatment records. At least weekly, the attending physician shall review the drug regimen of each patient under the physician's care. All physician's orders or prescriptions shall be written with a termination date, which shall not exceed 30 days. Medication shall not be used as punishment, for the convenience of staff, as a substitute for a treatment program, or in quantities that interfere with the patient's treatment program. Voluntarily committed patients shall have the right to refuse medication.
(2) Not to be subjected to experimental research, shock treatment, psychosurgery, or sterilization, without the express and informed consent of the patient after consultation with counsel or interested party of the patient's choice. The consent shall be in writing, a copy of which shall be placed in the patient's treatment record. If the patient has been adjudicated incapacitated, a court of competent jurisdiction shall determine the necessity of the procedure at a hearing where the client is physically present, represented by counsel, and provided the right and opportunity to be confronted with and to cross-examine witnesses alleging the necessity of the procedures. In these proceedings, the burden of proof shall be on the party alleging the necessity of the procedures. If a patient cannot afford counsel, the court shall appoint an attorney not less than 10 days before the hearing. An attorney so appointed shall be entitled to a reasonable fee to be determined by the court and paid by the county from which the patient was admitted. Under no circumstances may a patient in treatment be subjected to experimental research not directly related to the specific goals of the patient's treatment program.
(3) To be free from physical restraint and isolation. Except for emergency situations, in which a patient has caused substantial property damage or attempted to harm himself or others and in which less restrictive means of restraint are not feasible, a patient may be physically restrained or placed in isolation, only on a medical director's written order or that of the director's physician designee which explains the rationale for the action. The written order may be entered only after the medical director or physician designee has personally seen the patient, and evaluated the episode or situation causing the need for restraint or isolation. Emergency use of restraints or isolation shall be for no more than one hour, by which time the medical director or physician designee shall have been consulted and shall have entered an appropriate written order. The written order shall be effective for no more than 24 hours and shall be renewed if restraint and isolation are continued. While in restraint or isolation, the patient must be bathed every 12 hours and checked by an attendant every two hours, which actions shall be noted in the patient's treatment record along with the order for restraint or isolation.
(4) To be free from corporal punishment.
e. Each patient receiving treatment pursuant to this Title, shall have the following rights, a list of which shall be prominently posted in all facilities providing these services and otherwise brought to the patient's attention by additional means as the commissioner may designate:
(1) To privacy and dignity.
(2) To the least restrictive conditions necessary to achieve the purposes of treatment.
(3) To wear the patient's own clothes; to keep and use personal possessions including toilet articles; and to keep and be allowed to spend a reasonable sum of money for canteen expenses and small purchases.
(4) To have access to individual storage space for private use.
(5) To see visitors each day.
(6) To have reasonable access to and use of telephones, both to make and receive confidential calls.
(7) To have ready access to letter writing materials, including stamps, and to mail and receive unopened correspondence.
(8) To regular physical exercise several times a week. It shall be the duty of the hospital to provide facilities and equipment for the exercise.
(9) To be outdoors at regular and frequent intervals, in the absence of medical considerations.
(10) To suitable opportunities for interaction with members of the opposite sex, with adequate supervision.
(11) To practice the patient's religion of choice or abstain from religious practices. Provisions for worship shall be made available to each person on a nondiscriminatory basis.
(12) To receive prompt and adequate medical treatment for any physical ailment.
(13) To receive a quarterly written account of the patient's funds, the itemized property deposited with the facility for the patient's use and safekeeping, and all financial transactions with the patient, next-of-kin, and guardian, if any, which account shall 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. The written account and copies of receipts shall be given to the patient, the patient's guardian, if any, the patient's next-of-kin, and, if the patient has been adjudicated an incapacitated individual by a court of competent jurisdiction and is a ward of the State, any other individual whom the patient identified upon becoming a ward of the State to receive written accounts and copies of receipts.
f. Rights designated under subsection d. of this section may not be denied under any circumstances.
g. (1) A patient's rights designated under subsection e. of this section may be denied for good cause when the director of the patient's treatment program feels it is imperative to do so; provided, however, under no circumstances shall a patient's right to communicate with the patient's attorney, physician, or the courts be restricted. Any denial of a patient's rights shall take effect only after a written notice of the denial has been filed in the patient's treatment record, including an explanation of the reason for the denial.
(2) A denial of rights shall be effective for a period not to exceed 30 days and shall be renewed for additional 30-day periods only by a written statement entered by the director of the program in the patient's treatment record indicating the detailed reason for renewal of the denial.
(3) In each instance of a denial or a renewal, the patient, the patient's attorney, the patient's guardian, if the patient has been adjudicated incapacitated, and the department shall be given written notice of the denial or renewal and the reason.
h. A patient subject to this Title shall be entitled to a writ of habeas corpus upon proper petition by the patient, a relative, or a friend to any court of competent jurisdiction in the county in which the patient is detained and shall further be entitled to enforce any of the rights herein stated by civil action or other remedies otherwise available by common law or statute.
(cf: P.L.2013, c.103, s.79)
4. Section 3 of P.L.1976, c.120 (C.30:13-3) is amended to read as follows:
3. Every nursing home shall have the responsibility for:
a. (1) Maintaining a complete record of all funds, personal property, and possessions of a nursing home resident from any source whatsoever, which have been deposited for safekeeping with the nursing home for use by the resident. This record shall contain a listing of all deposits and withdrawals transacted, and these shall be substantiated by receipts given to the resident, [or his], the resident's guardian, if any, the resident's next-of-kin, and, if the resident has been adjudicated an incapacitated individual by a court of competent jurisdiction and is a ward of the State, any other individual whom the resident identified upon becoming a ward of the State to receive written accounts and copies of receipts. A nursing home shall provide to each resident [or his] , the resident's guardian, if any, the resident's next-of-kin, and, if the resident has been adjudicated an incapacitated individual by a court of competent jurisdiction and is a ward of the State, any other individual whom the resident identified upon becoming a ward of the State to receive such statements, a quarterly statement which shall account for all of such resident's property on deposit at the beginning of the accounting period, all deposits and withdrawals transacted during the period, and the property on deposit at the end of the period. The resident [or his], the resident's guardian, if any, the resident's next-of-kin, or, if the resident has been adjudicated an incapacitated individual by a court of competent jurisdiction and is a ward of the State, any other individual whom the resident identified upon becoming a ward of the State to receive written accounts, copies of receipts, and quarterly statements, shall be allowed daily access to his property on deposit during specific periods established by the nursing home for such transactions at a reasonable hour. A nursing home may, at its own discretion, place a limitation as to dollar value and size of any personal property accepted for safekeeping.
(2) Offering an incoming resident or the resident's guardian, in accordance with current law, at the time of admission to a nursing home on or after the effective date of P.L.2015, c.230, a form designating the beneficiary of any remaining balance in the resident's personal needs allowance account that does not exceed $1,000 upon the resident's death. In the case of a person residing in a nursing home prior to the effective date of P.L.2015, c.230, the nursing home shall have the responsibility for offering the resident or the resident's guardian, in accordance with current law, whenever possible, a form designating the beneficiary of any remaining balance in the resident's personal needs allowance account that does not exceed $1,000 upon the resident's death. Funds remaining in a personal needs allowance account at the time of a resident's death shall be included in that resident's estate and shall, consistent with N.J.S.3B:22-2, be subject to claims made by estate creditors prior to distribution to a designated beneficiary.
b. Providing for the spiritual needs and wants of residents by notifying, at a resident's request, a clergyman of the resident's choice and allowing unlimited visits by such clergyman. Arrangements shall be made, at the resident's expense, for attendance at religious services of his choice when requested. No religious beliefs or practices, or any attendance at religious services, shall be imposed upon any resident.
c. Admitting only that number of residents for which it reasonably believes it can safely and adequately provide nursing care. Any applicant for admission to a nursing home who is denied such admission shall be given the reason for such denial in writing.
d. Ensuring that an applicant for admission or a resident is treated without discrimination as to age, race, religion, sex or national origin. However, the participation of a resident in recreational activities, meals or other social functions may be restricted or prohibited if recommended by a resident's attending physician in writing and consented to by the resident.
e. Ensuring that no resident shall be subjected to physical restraints except upon written orders of an attending physician for a specific period of time when necessary to protect such resident from injury to himself or others. Restraints shall not be employed for purposes of punishment or the convenience of any nursing home staff personnel. The confinement of a resident in a locked room shall be prohibited.
f. Ensuring that drugs and other medications shall not be employed for purposes of punishment, for convenience of any nursing home staff personnel or in such quantities so as to interfere with a resident's rehabilitation or his normal living activities.
g. Permitting citizens, with the consent of the resident being visited, legal services programs, employees of the Office of Public Defender and employees and volunteers of the Office of the Ombudsman for the Institutionalized Elderly, whose purposes include rendering assistance without charge to nursing home residents, full and free access to the nursing home in order to visit with and make personal, social and legal services available to all residents and to assist and advise residents in the assertion of their rights with respect to the nursing home, involved governmental agencies and the judicial system.
(1) Such access shall be permitted by the nursing home at a reasonable hour.
(2) Such access shall not substantially disrupt the provision of nursing and other care to residents in the nursing home.
(3) All persons entering a nursing home pursuant to this section shall promptly notify the person in charge of their presence. They shall, upon request, produce identification to substantiate their identity. No such person shall enter the immediate living area of any resident without first identifying himself and then receiving permission from the resident to enter. The rights of other residents present in the room shall be respected. A resident shall have the right to terminate a visit by a person having access to his living area pursuant to this section at any time. Any communication whatsoever between a resident and such person shall be confidential in nature, unless the resident authorizes the release of such communication in writing.
h. Ensuring compliance with all applicable State and federal statutes and rules and regulations.
i. Ensuring that every resident, prior to or at the time of admission and during his stay, shall receive a written statement of the services provided by the nursing home, including those required to be offered by the nursing home on an as-needed basis, and of related charges, including any charges for services not covered under Title XVIII and Title XIX of the Social Security Act, as amended, or not covered by the nursing home's basic per diem rate. This statement shall further include the payment, fee, deposit and refund policy of the nursing home.
j. Ensuring that a prospective resident or the resident's family or guardian receives a copy of the contract or agreement between the nursing home and the resident prior to or upon the resident's admission.
(cf: P.L.2015, c.230, s.1)
5. Section 3 of P.L.2013, c.167 (C.52:27D-360.3) is amended to read as follows:
3. a. Unless a resident has violated the continuing care agreement or facility rules, or the facility has cancelled the agreement with sufficient notice and cause, or if the facility for sound business reasons decides to raze or to otherwise cease operating the structure, or the part of it, in which the resident's unit is located, a resident may occupy the resident's chosen unit for as long as the resident can function independently, with or without the assistance of an aide or aides. Any determination that the resident can no longer function independently, with or without the assistance of an aide or aides, shall be made by the director of medical services of the facility and be subject to the requirements of section 4 of P.L.2013, c.167 (C.52:27D-360.4), and the facility shall notify the resident in writing of any right that the resident may have to appeal that determination.
b. Each resident shall have privacy within their unit, except that personnel must be admitted for contracted services or to respond to an emergency or complaint.
c. Any resident may serve or participate in a local, State, or national residents' association, or other similar organization without discrimination or reprisal.
d. Each resident shall retain and be able to exercise all constitutional, civil, and other rights to which they are entitled by law.
e. Each resident shall be treated with respect, courtesy, consideration, and dignity.
f. Any resident or legal representative of the resident may refuse medication or treatment after being fully informed of the possible benefits or risks.
g. Each resident has the right to express complaints without fear of interference, discharge, or reprisal, and the right to contact the Office of the Ombudsman for the Institutionalized Elderly, or any advocate or agency which provides health, social, legal, or other services to advocate on behalf of residents if the resident feels that their rights are being violated.
h. Each resident has the right to expect the facility to promptly investigate and try to resolve all concerns the resident expresses. A record shall be kept of all written complaints made to the facility's senior management concerning residents' rights. This record shall be available to only the particular resident or the resident's legal representative, immediate family members, the residents' physicians, and agents of the State of New Jersey. Each resident may file a complaint with an appropriate agency, including the appropriate State office, without fear of reprisal from the facility.
i. The facility shall not modify or reduce the scope of provided services, with the exception of modifications required by State or federal assistance programs, without providing the residents with a minimum of 30-days' prior notice of the modification or reduction. All services to be provided shall be listed in a form designated by the department pursuant to N.J.A.C.5:19-6.4(a)(2).
j. Each resident is entitled to 30-days' advance written notice prior to the increase of any fees.
k. A resident may choose any outside physician as their primary care physician.
l. A resident may hire a private caregiver or companion at the resident's own expense and responsibility, as long as the caregiver or companion complies with the facility's policies and procedures.
m. Each resident is entitled to view or receive a copy of their own medical record, free of charge.
n. Each resident may participate personally, or through a legal representative, in all decisions regarding their own health care.
o. Each resident or legal representative of the resident shall receive, upon request, a complete explanation of their medical condition, any recommended treatment, and the possible benefits or risks involved.
p. A resident may appoint a legal representative with a durable power of attorney to handle financial matters if the resident is unable to do so.
q. Pursuant to section 4 of the "New Jersey Advance Directives for Health Care Act," P.L.1991, c.201 (C.26:2H-56), a resident may execute an advance directive concerning the use of life-sustaining treatment, and may appoint a legal representative with a durable power of attorney to act on behalf of the resident with regard to health care decisions. The resident has the right to expect that the provisions of the advance directive will be executed to the fullest extent possible.
r. Each resident shall receive every service, as contracted in the continuing care agreement that was executed upon the resident's admission, unless waived in writing by the resident, with the exception of changes required by State or federal law or permitted in the continuing care agreement.
s. A resident shall have the right to receive guests and visitors at the facility, and the right to allow guests to stay for a reasonable temporary period of time in a guest apartment or unit in the facility, subject to reasonable policies and procedures of the facility.
t. A resident may leave and return to the resident's independent living unit at will, provided the resident informs the facility if the resident will be temporarily absent overnight, or for a longer period of time. The facility shall notify residents in writing as to whether they will be charged a per diem fee during any such time that they are absent from the facility.
u. A resident has the right to refuse to perform work or services for the facility without coercion, discrimination, or reprisal by the facility.
v. Each resident shall not be requested or required to accept any restriction of the rights or privileges of a resident as set forth herein.
w. A resident may request from the facility, and shall receive without undue delay or cost, a copy of the rights of nursing home residents, as provided in section 5 of P.L.1976, c.120 (C.30:13-5).
x. A resident may request from the facility, and shall receive without undue delay or cost, a copy of the rights of residents of assisted living facilities, as provided in section 1 of P.L.2011, c.58 (C.26:2H-128).
y. A resident may request
from the facility, and shall receive without undue delay or cost, a copy of the
"Bill of Rights for Continuing Care Retirement Community Residents in
Independent Living," as provided in section 5 of P.L.2013, c.167
(C.52:27D-360.5).
z. A resident who is insured by a health maintenance organization has the right to be referred by their primary care physician to the nursing care unit that is part of the resident's facility instead of any other unit, provided that the unit has the capacity to provide the services needed and that it is in the best interests of the resident, and further provided that the facility accepts the applicable reimbursement rate. This right also applies to any resident being discharged from a hospital or similar facility.
aa. A resident has the right to receive a quarterly written account of the resident's funds, the itemized property deposited with the facility for the resident's use and safekeeping, and all financial transactions with the resident, next-of-kin, and guardian, if any, which account shall 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. The written account and copies of receipts shall be given to the resident, the resident's guardian, if any, the resident's next-of-kin, and, if the resident has been adjudicated an incapacitated individual by a court of competent jurisdiction and is a ward of the State, any other individual whom the resident identified upon becoming a ward of the State to receive written accounts and receipts.
(cf: P.L.2013, c.167, s.3)
6. Section 5 of P.L.1976, c.120 (C.30:13-5) is amended to read as follows:
5. Every resident of a nursing home shall:
a. Have the right to manage his own financial affairs unless he or his guardian authorizes the administrator of the nursing home to manage such resident's financial affairs. Such authorization shall be in writing and shall be attested by a witness that is unconnected with the nursing home, its operations, its staff personnel and the administrator thereof, in any manner whatsoever.
b. Have the right to wear his own clothing. If clothing is provided to the resident by the nursing home, it shall be of a proper fit.
c. Have the right to retain and use his personal property in his immediate living quarters, unless the nursing home can demonstrate that it is unsafe or impractical to do so.
d. Have the right to receive and send unopened correspondence and, upon request, to obtain assistance in the reading and writing of such correspondence.
e. Have the right to unaccompanied access to a telephone at a reasonable hour, including the right to a private phone at the resident's expense.
f. Have the right to privacy.
g. Have the right to retain the services of his own personal physician at his own expense or under a health care plan. Every resident shall have the right to obtain from his own physician or the physician attached to the nursing home complete and current information concerning his medical diagnosis, treatment and prognosis in terms and language the resident can reasonably be expected to understand, except when the physician deems it medically inadvisable to give such information to the resident and records the reason for such decision in the resident's medical record. In such a case, the physician shall inform the resident's next-of-kin or guardian. The resident shall be afforded the opportunity to participate in the planning of his total care and medical treatment to the extent that his condition permits. A resident shall have the right to refuse treatment. A resident shall have the right to refuse to participate in experimental research, but if he chooses to participate, his informed written consent must be obtained. Every resident shall have the right to confidentiality and privacy concerning his medical condition and treatment, except that records concerning said medical condition and treatment may be disclosed to another nursing home or health care facility on transfer, or as required by law or third-party payment contracts.
h. Have the right to unrestricted communication, including personal visitation with any persons of his choice, at any reasonable hour.
i. Have the right to present grievances on behalf of himself or others to the nursing home administrator, State governmental agencies or other persons without threat of discharge or reprisal in any form or manner whatsoever. The administrator shall provide all residents or their guardians with the name, address, and telephone number of the appropriate State governmental office where complaints may be lodged. Such telephone number shall be posted in a conspicuous place near every public telephone in the nursing home.
j. Have the right to a safe and decent living environment and considerate and respectful care that recognizes the dignity and individuality of the resident, including the right to expect and receive appropriate assessment, management and treatment of pain as an integral component of that person's care consistent with sound nursing and medical practices.
k. Have the right to refuse to perform services for the nursing home that are not included for therapeutic purposes in his plan of care as recorded in his medical record by his physician.
l. Have the right to reasonable opportunity for interaction with members of the opposite sex. If married, the resident shall enjoy reasonable privacy in visits by his spouse and, if both are residents of the nursing home, they shall be afforded the opportunity, where feasible, to share a room, unless medically inadvisable.
m. Not be deprived of any constitutional, civil or legal right solely by reason of admission to a nursing home.
n. Have the right to receive, upon request, food that meets the resident's religious dietary requirements, provided that the request is made prior to or upon admission to the nursing home, and if the resident is not a Medicaid recipient, that the resident agrees to assume any additional cost incurred by the nursing home in order to meet those dietary requirements. If the resident is a Medicaid recipient upon admission, or becomes eligible for Medicaid after admission, the nursing home shall include the cost of the religious dietary requirements in its Medicaid cost report for consideration under applicable reimbursement processes. As used in this section, "Medicaid" means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).
o. Have the right to receive a quarterly written account of the resident's funds, the itemized property deposited with the facility for the resident's use and safekeeping, and all financial transactions with the resident, next-of-kin, and guardian, if any, which account shall 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. The written account and copies of receipts shall be given to the resident, the resident's guardian, if any, the resident's next-of-kin, and, if the resident has been adjudicated an incapacitated individual by a court of competent jurisdiction and is a ward of the State, any other individual whom the resident identified upon becoming a ward of the State to receive written accounts and copies of receipts.
(cf: P.L.2008, c.43)
7. The Commissioner of
Human Services, pursuant to the "Administrative Procedure Act" P.L.1968, c.410
(C.52:14B-1 et seq.), shall adopt rules and regulations
necessary to implement the provisions of this act.
8. This act shall take effect immediately.
STATEMENT
This bill expands the types of residential long-term care facilities that are required to provide quarterly financial accounting statements to a resident, the resident's next-of-kin, the resident's guardian, if any, and, if the resident is a ward of the State, an individual whom the resident identified upon becoming a ward of the State to receive the quarterly statements. Under this bill, residential long-term care facilities would be required to provide a written account of the resident's funds, an itemized list of property deposited with the facility for the resident's use, and all financial transactions with the resident, the resident's next-of-kin or authorized representative, and any guardian appointed for the resident. Moreover, these quarterly statements would report the amount of property in the resident's account at the start and end of the accounting period, as well as a listing of all deposits and withdrawals, which transactions would be substantiated with copies of receipts to be provided to the resident, the resident's next of kin or authorized representative, and any appointed guardian. Facilities affected by this new requirement are: nursing homes, assisted living facilities, comprehensive personal care homes, dementia care homes, inpatient psychiatric facilities, and continuing care residential communities.
Under current law, only nursing homes, assisted living facilities and comprehensive personal care homes are required to provide quarterly accounting statements, and only to the resident or the resident's guardian. By requiring these residential care facilities to provide regular, detailed accounting statements to a resident, the resident's next-of-kin, and a trusted representative named by a resident who is a ward of the State, the bill's sponsor intends to make it more difficult for unscrupulous guardians or relatives to siphon money or other financial resources from a vulnerable individual who has become a ward of the State. It is the hope of the sponsor that, by providing a clear financial accounting to the resident and the resident's trusted advisors, any financial improprieties would be more readily identified and thwarted.
