New Jersey § 30:13-3

§ 30:13-3.

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 guardian. A nursing home shall provide to each resident or his guardian 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 guardian 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, 1 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. 1

42 U.S.C.A. §§ 1395c et seq., 1396 et seq.