New Jersey § 30:13-5

§ 30:13-5.

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. ).