ASSEMBLY, No. 961

STATE OF NEW JERSEY

217th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

 


 

Sponsored by:

Assemblyman  DAVID W. WOLFE

District 10 (Ocean)

 

 

 

 

SYNOPSIS

     Restricts gifts to certified homemaker-home health aides from patients.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning homemaker-home health aides and supplementing chapter 11 of Title 45 of the Revised Statutes.

 

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

 

     1.    a.  A certified homemaker-home health aide shall not accept or receive a gift of money or property from his patient or patient's estate, unless the certified homemaker-home health aide receives such a gift from a third party, including, but not limited to, a relative or legal representative of the patient.

 

     2.    The New Jersey Board of Nursing in the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of this act.

 

     3.    This act shall take effect on the first day of the fourth month next following the date of enactment.

 

 

STATEMENT

 

     This bill restricts gifts of money or property to certified homemaker-home health aides given directly by their patients or their patients' estates, upon death.  However, aides may accept gifts from a third party, including, but not limited to, a relative or legal representative of their patients.

     The bill provides for rule making by the New Jersey Board of Nursing in the Division of Consumer Affairs in the Department of Law and Public Safety, and has a delayed effective date of the first day of the fourth month following the bill's enactment.

     It is anticipated that this legislation will help prevent reoccurrences of an incident in which an elderly woman was taken advantage of financially by a person who was placed in her home to provide home-based services.