Requires residential psychiatric and long-term care facilities to provide certain financial information to facility residents and other individuals.

A4175

ASSEMBLY, No. 4175

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

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.