Nursing Home Patient Rights in New Jersey
New Jersey has a bill of rights for nursing home residents that protect their rights, safety and quality of life. This law also establishes policy that defines the minimum rules a residential health care facility must comply with to be licensed in New Jersey. Failure to act in accordance with these regulations allows residents to bring litigation against the facility.
New Jersey has codified the rights of nursing home residents which can be found at N.J.S.A. 30: 13-5. Upon admission, the nursing home administrator is required to give each resident or his/her guardian, a written notice of this bill of rights. The administrator must also post this notice in a conspicuous, public place in the nursing home. N.J.S.A. 30: 13-7.
Some of the highlights of this bill of rights are:
- The right to wear one’s own clothing.
- The right to retain personal property in one’s own immediate living quarters.
- The right to receive and send unopened correspondence and unaccompanied access to use of a telephone during reasonable hours and the right to have a private telephone at the resident’s expense.
- The right to retain the services of one’s own personal physician.
- The right to have visitation with any persons at any reasonable hour.
- The right to a safe and decent living environment and considerate and respectful care that recognizes the dignity and individuality of the resident.
- The right to confidentiality and privacy concerning ones’s medical condition and treatment.
- The right to receive, upon request food that meets the resident’s religious dietary requirements.
The New Jersey Bill of Rights provides for a direct cause of action for violations of the resident’s rights. Either the resident or his/her guardian can bring the action. New Jersey does not permit lawsuits by loved ones (children, grandchildren etc.) to recover for their damages or emotional distress.
Nursing Home facilities must stop putting their profits ahead of the lives of residents. The New Jersey Bill of Rights is intended to help protect the elderly against violations that can affect their safety and quality of life. If your loved one has had any of his or her rights violated by a nursing home facility, speak with an attorney.