BILL OF RIGHTS
FOR
NURSING FACILITY RESIDENTS

Summary of Portions of State of New Jersey P.L. 1976 - Chapter 120
An Act Concerning the Responsibilities of Nursing Homes and the Rights of Nursing Home Residents.

RESPONSIBILITIES OF NURSING FACILITIES:

  1. To maintain a complete record of all funds and possessions deposited by residents for safekeeping, and providing quarterly accounting of such funds and possessions.
  2. To provide for the spiritual care of residents, if such care is desired.
  3. To admit only that number of residents which can be safely accommodated.
  4. To ensure that no physical restraints are used, except upon written order of a physician for a specific period of time when necessary to protect such resident from injury to himself or others, and that drugs are not used for purposes of punishment.
  5. To permit members of certain groups which render assistance without charge to nursing home residents, full access to nursing homes at reasonable hours and under specific conditions.
  6. To ensure compliance by the nursing home with all applicable State and Federal statutes and rules and regulations.
  7. To ensure that every resident shall receive a written statement of services provided, the charges for such services where applicable, and the payment, fee, deposit, and refund policy of the nursing home.

RIGHTS OF NURSING FACILITY RESIDENTS:

  1. To manage their own financial affairs, (except in the case of legal guardianship, or if written authorization is given to nursing home administrator to handle finances).
  2. To wear their own clothing and retain their own possessions, unless unsafe or impractical.
  3. To receive and send unopened correspondence, to receive assistance upon request with reading and writing such correspondence, to have access to a telephone, and to be allowed personal visitation by any person of their choice.
  4. To have privacy, a safe and decent living environment, and respectful care offered with recognition of the dignity and individuality of each resident.
  5. To participate in the planning of their own total care and medical treatment, and to retain the services of their personal physicians, at their own expense, if so desired.
  6. To present grievances to the nursing home administrator, without threat of discharge or reprisal.
  7. To have reasonable opportunity for interaction with persons of the opposite sex, and if married, reasonable privacy during spouse visits, or shared accommodations if both spouses are residents and it is not medically inadvisable.
  8. To discharge themselves upon presentation of a written release, under certain circumstances.

If the rights of any persons or residents are violated, they may have a cause of action against any persons violating such rights.

Requests for copies of the full legislation PL 1976 - Chapter 120, or reports of abuse or violation of rights may be directed to:

Office of the Ombudsman for the Institutionalized Elderly
NJ Department of Health & Senior Services
PO Box 807
Trenton, NJ 08625-0807
800-792-8820 or 609-588-3454