N.J. Admin. Code § 10:44C-3.1 - General requirements

Current through Register Vol. 54, No. 7, April 4, 2022

(a) The provision of services and support shall demonstrate recognition that persons with head injuries have the same rights as all other citizens.
1. A person's exercise of his or her rights shall not be prohibited or be used as a cause for retribution against him or her.
(b) Upon admission to the program and upon subsequent request, the licensee shall provide the person served and his or her guardian, where applicable, with the following:
1. A copy of the list of rights of persons served, as specified at 10:44C-3.4(b);
2. The names, addresses, and telephone numbers of advocates available to assist the person served in understanding and enforcing these rights, to include, at a minimum:
i. Disability Rights New Jersey;
ii. Community Health Law Project;
iii. Brain Injury Alliance of New Jersey (1-800-669-4323);
iv. Office of Licensing;
v. Office of Investigations;
vi. Bureau of Guardianship, if applicable;
vii. Office of the Public Guardian;
viii. His or her case manager;
ix. Department of Children and Families' Child Abuse Control Number (1-800-792-8610) and State Central Registry at 1-877-NJ-ABUSE (1-877-652-2873), if applicable; and
x. Office of the Ombudsman (1-877-582-6995), if applicable;
3. A copy of the licensee's rules and any house rules that apply to the residence of the person served;
4. A copy of the licensee's grievance procedure for appealing agency decisions, or decisions of the TDT, as required at N.J.A.C. 10:44C-2.2(b)13;
5. A copy of the written procedures for safekeeping of valuable personal possessions;
6. A copy of the procedure regarding toll calls/charges; and
7. A copy of the financial rights and services procedures.
(c) If a person served is unable to read (b)1 through 7 above, the text shall be read to the person served in a language or manner the person understands.
1. The licensee shall make provisions to explain portions that are not understood and answer any questions the person served may have regarding (b)1 through 7 above.
(d) A copy of a written acknowledgment that (b)1 through 7 above has been explained and understood shall be immediately signed and dated by the person served, the licensee's representative(s) and the person's guardian, if present.
1. If the guardian is not present, the signed acknowledgment shall be sent to the guardian within five days.
i. Documentation shall be maintained in the person's record.
2. The acknowledgment may also be witnessed by a personal advocate, if present.
3. The acknowledgment shall be placed in the record of the person served.
(e) Persons served shall receive training and support in order to understand options, make choices and exercise rights and responsibilities.
1. The exercise of rights is not limited when a person served has a guardian or interested family.
(f) The licensee shall be responsible for utilizing a Human Rights Committee in accordance with N.J.A.C. 10:41A.
(g) The licensee shall have procedures for the documentation of the investigation and resolution of allegations of infringements of rights.


N.J. Admin. Code § 10:44C-3.1
Amended by 49 N.J.R. 259(a), effective 2/6/2017

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