ASSEMBLY, No. 202

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman WEINBERG and Assemblyman ZISA

An Act concerning nursing homes and amending and supplementing P.L.1976, c.120.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. 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. 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.

    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 discrimination based upon age, race, religion, sex or nationality with respect to participation in recreational activities, meals or other social functions is prohibited. 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 Department of Public Advocate, and employees and volunteers of the Office of the Nursing Home Ombudsman Program in the Department of Community Affairs, 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 admission, pursuant to P.L. c. (C. )(pending before the Legislature as this bill).

(cf: P.L.1976, c.120, s.3)

    2. (New section) a. The contract or agreement furnished by a nursing home to a prospective resident prior to or upon admission shall include the following statement prominently displayed at the top thereof:

    "This is a legally binding contract that will become final three business days after the date of your receipt of this contract, unless you notify us in writing that you wish to cancel this contract during this period. You may consult an attorney who may review or cancel this contract on your behalf, as described below. Pursuant to federal law, a nursing home may not require a third party payment or guarantee of payment as a condition of admission or expedited admission to, or continuing residence in, the nursing home. This document is being furnished to you as required by State law."

    b. The prospective resident or that person's family or guardian may have an attorney of their choosing review the contract or agreement between the nursing home and the patient during a period of three business days after the date of receipt of a copy of the document by the resident or that person's family member or guardian.

    c. The contract or agreement shall become legally binding upon the nursing home and the resident after a period of three business days has elapsed from the date of receipt of a copy of the document by the prospective resident or that person's family member or guardian, unless the resident or that person's family member or guardian, or the resident's attorney, notifies the nursing home of their decision to cancel the contract, subject to the requirements of subsection d. of this section.

    d. The prospective resident or the resident's family or guardian, or an attorney chosen by the resident or the resident's family or guardian, shall notify the nursing home in writing of a decision to cancel the contract or agreement. Notification may be provided by certified mail or telegram, which shall be considered effective upon sending, or by personal delivery of the notice of cancellation, which shall be considered effective upon delivery to the nursing home admissions office.

    e. The prospective resident or the resident's family or guardian, or an attorney chosen by the resident or the resident's family or guardian, may, during the three business-day period after receipt of the contract or agreement, notify the nursing home in writing of any suggested revisions to the contract or agreement that would be satisfactory to the resident or the resident's family or guardian, or their attorney.

    f. Notwithstanding the provisions of this section to the contrary, the three-business day period between the date of receipt of a copy of the contract or agreement by the prospective resident or the resident's family or guardian and the date that it becomes legally binding may be extended by mutual written agreement of the nursing home and the prospective resident or the resident's family or guardian, or their attorney.

    g. An explanation of the provisions of this section shall be included in the contract or agreement furnished by a nursing home to a prospective resident or the resident's family or guardian prior to or upon admission.

    3. This act shall take effect immediately.

STATEMENT

    This bill requires that a nursing home furnish a prospective resident or the resident's family or guardian with a copy of the contract or agreement between the nursing home and the resident prior to or upon admission. The contract or agreement shall include the following statement prominently displayed at the top thereof:

    "This is a legally binding contract that will become final three business days after the date of your receipt of this contract, unless you notify us in writing that you wish to cancel this contract during this period. You may consult an attorney who may review or cancel this contract on your behalf, as described below. Pursuant to federal law, a nursing home may not require a third party payment or guarantee of payment as a condition of admission or expedited admission to, or continuing residence in, the nursing home. This document is being furnished to you as required by State law."

    The bill stipulates that the contract or agreement shall become legally binding upon the nursing home and the resident after a period of three business days has elapsed from the date of receipt of a copy of the document by the prospective resident or that person's family member or guardian, unless the resident or that person's family member or guardian, or the resident's attorney, notifies the nursing home of their decision to cancel the contract. The three business-day period may be extended by mutual written agreement of the nursing home and the prospective resident or the resident's family or guardian, or their attorney.

Requires nursing home to permit attorney review of contract with prospective resident prior to or at time of admission.