8:36-6.1         Resident care policies and procedures


(a) Written resident care policies and procedures shall be established, implemented, and reviewed at intervals specified in the policies and procedures. Each review of the policies and procedures shall be documented. Policies and procedures shall include, but not be limited to, the following:


  1. Resident rights;


  1. Advance directives, including but not limited to, the following:


  1. The circumstances under which an inquiry will be made of individuals regarding the existence and location of an advance directive;


  1. Requirements for provision of a written statement of resident rights regarding advance directives, approved by the Commissioner or his or her designee, to residents upon admission; and


  • Requirements for documentation in the resident record;


  1. The determination of staffing levels to ensure delivery of services and assistance as needed for each resident of the facility or program during each 24- hour period. Services may be provided directly by staff employed by the facility or program or in accordance with a written contract;


  1. The delivery of personal care and assistance to residents in accordance with assisted living concepts which specify that each resident will be encouraged to maintain his or her independence and personal decision making abilities;


  1. The referral of residents to health care providers in accordance with individual needs and resident service plans;


  1. Emergency medical and dental care of residents, including notification of the resident’s family, guardian, or responsible person, when known, and with the resident’s consent, and care of residents during periods of acute illness;


  1. Resident instruction and health education;


  1. The control of smoking in the facility, in accordance with N.J.S.A. 26:3D-55 et seq. and the rules promulgated thereunder;


  1. Discharge, termination by the facility, transfer, and readmission of residents, including criteria for each;


  1. The care and control of pets if the facility permits pets in the facility or on its premises; and


  1. A policy to determine those circumstances where the resident’s absence should be


8:36-6.2         Financial arrangements and full disclosure


  • The facility shall disclose in the admission agreement the service it will provide, the public programs or benefits that it accepts or delivers, the policies that affect a resident’s ability to remain in the residence and any waivers that have been granted of the regulations regarding physical plant requirements at

N.J.A.C. 8:36-14 for assisted living residences or N.J.A.C. 8:36-22 for comprehensive personal care homes.


  • Concerning financial arrangements, the facility shall:


  1. Upon admission and at the time of any change in charges, inform the residents in writing, of any and all fees for services provided and charges for supplies routinely provided by the facility. The facility shall also inform the resident of the costs of supplies which are specially ordered. At the resident’s request, this information may be provided instead to the resident’s family, guardian, or responsible person;


  1. Impose no additional charges for increased level of care without documentation of reassessment by the registered nurse that necessitates the increase;


  1. Impose no additional charges, expenses, or other financial liabilities in excess of the daily, weekly, or monthly rate included in the admission agreement, unless written notification is provided to the


  1. Where there is written documentation of the resident’s agreement to the purchase and cost of supplies which are purchased through the facility;


  1. Maintain a written record of all financial arrangements with the resident and/or his or her family, guardian, or responsible person with copies furnished to the resident; and


  1. Provide the resident with information about obtaining financial assistance available from third-party payors and/or other payors and referral systems for resident financial


  • All residents who have advanced a security deposit to a facility prior to or upon their admission shall be entitled to receive interest earnings, which have accumulated on such funds or


  1. The facility shall hold such funds or property in trust for the resident and they shall remain the property of the resident and shall be returned to the resident or the resident’s estate upon discharge or death minus any outstanding payment owed to the facility by the resident, in accordance with the resident admission agreement.


  1. All such funds shall be held in an interest-bearing account as established under requirements of N.J.S.A. 30:13-1 et


  1. The facility may deduct an amount not to exceed one percent per annum of the amount so invested or deposited for costs of servicing and processing the


  1. The facility, within 60 days of establishing an account, shall notify the resident, in writing, of the name of the bank or investment company holding the funds and the account number. The facility shall thereafter provide a quarterly statement to each resident it holds security funds in trust for identifying the balance, interest earned, and any deductions for charges or expenses incurred in accordance with the terms of the contract or agreement of


8:36-6.3         Personal needs allowance


  • The administrator or his or her representative shall develop a policy and procedure for handling the monthly personal needs allowance for each resident who receives Supplemental Security Income (SSI) or other forms of public assistance. The personal needs allowance shall be at least the amount specified by the New Jersey State Department of Human Services pursuant to


  • Every administrator to whom resident’s personal funds are entrusted shall maintain written records, such as a ledger, including the date each payment was received, the amount of payment, the date of each disbursement, the amount of each disbursement, the reason for each disbursement and to whom each disbursement was made. The personal needs allowance shall not be commingled with any other facility operating account and shall be deposited into an interest-bearing account. Each resident shall receive his or her personal needs allowance within 72 hours of the receipt of the check by the


  • The resident or, if the resident care policiesResident care policies resident is not competent, the resident’s representative with financial power of attorney, shall sign to acknowledge receipt of funds, goods or services purchased with such funds at the time of disbursement.