Bill Text: NJ S1950 | 2024-2025 | Regular Session | Introduced
Bill Title: Expands scope of Office of State Long-Term Care Ombudsman.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S1950 Detail]
Download: New_Jersey-2024-S1950-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Senators Pou and Ruiz
SYNOPSIS
Expands scope of Office of State Long-Term Care Ombudsman.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the Office of the State Long-Term Care Ombudsman and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1977, c.239 (C.52:27G-1) is amended to read as follows:
1. The Legislature hereby finds that [in recognition of the different health and health related problems experienced by the various age groups in the general population,] numerous health care facilities have been constructed and placed in operation to provide specialized health and health related services to [particular such groups] individuals needing long-term care; that in providing such services [to the elderly] it is essential to recognize that [while the members of this age group possess the same] civil and human rights [as members of every other age group, such rights may be far more difficult for certain of the elderly to secure since] must be fiercely protected for such persons who may be [afflicted with] experiencing certain physical and mental [infirmities] ailments, [deprived of] with limited access to the comfort and counsel of family and friends, and [forced to exist with] sometimes possessing minimum economic resources, all of which [may preclude them from defending and acting in] create barriers to the opportunity to advocate their own [best] interests; and, that to the degree that certain of [the elderly] these individuals may experience difficulty in securing their civil and human rights as [patients,] residents [and clients] of the health care facilities created to serve their specialized needs [and problems], it is the obligation of the State to take appropriate action through the creation of an adequate legal framework by which those difficulties may be eliminated.
The Legislature, therefore, declares that it is the public policy of this State to secure for [elderly patients,] residents [and clients] of long-term health care facilities serving their specialized needs [and problems] [,] the same civil and human rights guaranteed to all citizens; and that to this end there should be established as an agency of the State Government the Office of the State Long-Term Care Ombudsman [for the Institutionalized Elderly], to receive, investigate, and resolve complaints concerning certain long-term health care facilities [serving the elderly], and to initiate actions to secure, preserve, and promote the health, safety, and welfare, and the civil and human rights, of the [elderly patients,] residents [and clients] of such facilities.
(cf: P.L.1977, c.239, s.1)
2. Section 2 of P.L.1977, c.239 (C.52:27G-2) is amended to read as follows:
2. As used in this act, unless the context clearly indicates otherwise:
a. "Abuse" means the willful infliction of physical pain, injury, or mental anguish; unreasonable confinement; or the willful deprivation of services which are necessary to maintain a person's physical and mental health. However, no person shall be deemed to be abused for the sole reason [he] that the person is being furnished nonmedical remedial treatment by spiritual means through prayer alone, in accordance with a recognized religious method of healing, in lieu of medical treatment;
b. An "act" of any facility or government agency shall be deemed to include any failure or refusal to act by such facility or government agency;
c. "Administrator" means any person who is charged with the general administration or supervision of a facility, whether or not such person has an ownership interest in such facility, and whether or not such person's functions and duties are shared with one or more other persons;
d. "Caretaker" means a person employed by a facility to provide care or services to [an elderly person] a long-term care resident, and includes, but is not limited to, the administrator of a facility;
e. "Exploitation" means the act or process of using a person or [his] the person's resources for another person's profit or advantage without legal entitlement to do so;
f. "Facility" means any facility or institution, whether public or private, offering health or [health related] health-related services for [the institutionalized elderly] long-term care residents, and which is subject to regulation, visitation, inspection, or supervision by any government agency. Facilities include, but are not limited to, nursing homes, skilled nursing homes, intermediate care facilities, extended care facilities, convalescent homes, rehabilitation centers, residential health care facilities, dementia care homes, special hospitals, veterans' hospitals, chronic disease hospitals, psychiatric hospitals, mental hospitals, developmental centers or facilities, continuing care retirement communities, including independent living sections thereof, social day care facilities [for the elderly] , and medical day care centers;
g. "Government agency" means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by the State or to which the State is a party, or by any county or municipality, which is responsible for the regulation, visitation, inspection, or supervision of facilities, or which provides services to [patients,] residents[, or clients] of facilities;
h. "Guardian" means any person with the legal right to manage the financial affairs and protect the rights of any [patient,] long-term care resident[, or client] [of a facility] , who has been declared an incapacitated person by a court of competent jurisdiction;
i. "Long-term care resident[,]" ["elderly" or "elderly person"] means any person [60 years of age or older,] who is a [patient,] resident[, or client] of any facility;
j. "Office" means the Office of the State Long-Term Care Ombudsman established herein;
k. "State Long-Term Care Ombudsman" means the administrator and chief executive officer of the Office of the State Long-Term Care Ombudsman[;
l. "Patient, resident or client" means any elderly person who is receiving treatment or care in any facility in all its aspects, including, but not limited to, admission, retention, confinement, commitment, period of residence, transfer, discharge, and any instances directly related to such status];
l. (deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).
(cf: P.L.2017, c.131, s.201)
3. Section 4 of P.L.1977, c.239 (C.52:27G-4) is amended to read as follows:
4. The administrator and chief executive officer of the office shall be the [Ombudsperson for the Institutionalized Elderly] State Long-Term Care Ombudsman, who shall be a person qualified by training and experience to perform the duties of the office. The [Ombudsperson] Ombudsman shall be appointed by the Governor and shall serve at the pleasure of the Governor.
(cf: P.L.2010, c.34, s.42)
4. Section 5 of P.L.1977, c.239 (C.52:27G-5) is amended to read as follows:
5. The ombudsman, as administrator and chief executive officer of the office, shall:
a. Administer and organize the work of the office and establish therein such administrative subdivisions as necessary, proper, and expedient. [He or she] The ombudsman may formulate and adopt rules and regulations and prescribe duties for the efficient conduct of the business, work, and general administration of the office. [He or she] The ombudsman may delegate to subordinate officers or employees in the office such power as may be desirable to be exercised under [his or her] the ombudsman's supervision and control;
b. Appoint and remove such stenographic, clerical, and other secretarial assistants as may be required for the proper conduct of the office, subject to the provisions of Title [11] 11A (Civil Service) of the [Revised] New Jersey Statutes, and other applicable statutes, and within the limits of funds appropriated or otherwise made available therefor. In addition, and within such funding limits, the ombudsman may appoint, retain, or employ, without regard to the provisions of the said Title [11] 11A (Civil Service), or any other statutes, such officers, investigators, experts, consultants, or other professionally qualified personnel on a contract basis or otherwise as necessary.
c. Appoint and employ, notwithstanding the provisions of P.L.1944, c.20 (C.52:17A-1 et seq.), a general counsel and such other attorneys or counsel as [he or she] the ombudsman may require, for the purpose, among other things, of providing legal advice on such matters as the ombudsman may from time to time require, of attending to and dealing with all litigation, controversies, and legal matters in which the office may be a party or in which its rights and interests may be involved, and of representing the office in all proceedings or actions of any kind which may be brought for or against it in any court of this State. With respect to all of the foregoing, such counsel and attorneys shall be independent of any supervision or control by the Attorney General or by the Department of Law and Public Safety, or by any division or officer thereof;
d. Have authority to adopt and promulgate pursuant to law such guidance, rules, and regulations as necessary to carry out the purposes of this act;
e. Maintain suitable headquarters for the office and such other quarters as necessary to the proper functioning of the office;
f. Solicit and accept grants of funds from the federal government and from other public and any private sources for any of the purposes of this act; provided, however, that any such funds shall be expended only pursuant to an appropriation made by law;
g. Perform such other functions as may be prescribed in this act or by any other law; and
h. Establish, in consultation with the Department of Health, an annual long-term care training program in a manner to be determined by the ombudsman. At a minimum, the program shall address the following subjects: the rights of residents of long-term care facilities; fostering choice and independence among residents of long-term care facilities; identifying and reporting abuse, neglect, or exploitation of residents of long-term care facilities; long-term care facility ownership; updates on State and federal guidelines, laws, and regulations that pertain to long-term care facilities; and issues, trends, and policies that impact the rights of long-term care residents. The annual training program shall be completed by the ombudsman's investigative and advocacy staff, the ombudsman's volunteer advocates, and Department of Health long-term care facility surveyors, inspectors, and complaint investigators. Subject to the availability of staff and funding, the training program shall be offered to residents of long-term care facilities, those residents' family members, advocacy organizations, government agencies, and long-term care facility employees. To develop and implement the training program, the ombudsman may contract or consult with a non-profit organization that possesses expertise on the rights of residents in long-term care settings.
(cf: P.L.2021, c.294, s.1)
5. Section 6 of P.L.1977, c.239 (C.52:27G-6) is amended to read as follows:
6. The Office of the State Long-Term Care Ombudsman shall have as its basic objective that of promoting, advocating, and [insuring] ensuring , as a whole and in particular cases, the adequacy of the care received, and the quality of life experienced, by [elderly patients,] long-term care residents [and clients] [of facilities] within this State. In determining what elements are essential to adequate care and quality of life, the ombudsman shall consider the unique medical, social, and economic needs and problems of [the elderly as patients,] long-term care residents [and clients] [of facilities] [and as citizens and community members].
(cf: P.L.2017, c.131, s.204)
6. Section 7 of P.L.1977, c.239 (C.52:27G-7) is amended to read as follows:
7. a. The office shall establish and implement procedures for eliciting, receiving, processing, responding to, and resolving complaints from [patients,] long-term care residents[, or clients of facilities], the relatives or guardians of such persons, or from interested citizens, public officials, or government agencies having an interest in the matter. The office shall ensure that a system is in place to receive complaints 24 hours per day, seven days per week, whether or not live staff members are available to receive the complaint.
b. When the office receives a complaint or otherwise encounters a deficiency that pertains to a violation of a resident's rights or compliance with State or federal laws or regulations or rules administered by any government agency, it shall make referral thereof directly to the appropriate government agency for action pursuant to applicable federal law and regulations.
c. When the complaint received or the investigation conducted by the office discloses facts that it determines constitute a violation of a resident's rights or warrant the institution of civil proceedings by a government agency against any person or government agency, the matter shall be referred to the government agency with authority to institute such proceedings pursuant to applicable federal law and regulations.
d. When the complaint received or the investigation conducted by the office reveals information in relation to a violation of a resident's rights or the misconduct or breach of duty of any officer or employee of a facility or a government agency, it shall refer the matter to the appropriate authorities for such action as may be necessary pursuant to applicable federal law and regulations.
e. When the complaint received or the investigation conducted by the office discloses information or facts indicating the commission of criminal offenses or violations of standards of professional conduct, it shall refer the matter, as appropriate, to the Attorney General, county prosecutor, or any other law enforcement official that has jurisdiction to prosecute the crime, or to the appropriate professional licensing board [concerned] consistent with applicable State and federal law and regulations.
f. The government agency, prosecuting agency, or professional licensing board, as the case may be in this section, shall report to the office on its findings and actions with respect to all such referrals within 30 days after receipt thereof and every 30 days thereafter until final action on each such referral. The office shall monitor all such referrals and responses and maintain a record thereof. The office shall be authorized to make disclosure of such information as appropriate and as may be necessary to resolve the matter referred.
g. In the event that the complaint of a [patient,] long-term care resident[, or client] or class of [patients,] long-term care residents[, or clients] [of a facility or facilities] cannot be resolved satisfactorily through negotiation with the facility or the appropriate government agency or that an act, practice, policy, or procedure of a facility or government agency does or may adversely affect the health, safety, welfare, or civil or human rights of a [patient,] long-term care resident [, or client] or class of [patients,] long-term care residents[, or clients] [of a facility or facilities], the office may recommend to the appropriate authorities civil litigation on behalf of such [patient,] long-term care resident[, or client] or class of [patients,] long-term care residents[, or clients] as it deems appropriate. The office may institute actions for injunctive relief or civil damages.
(cf: P.L.2017, c.186, s.1)
7. Section 2 of P.L.1983, c.43 (C.52:27G-7.1) is amended to read as follows:
2. a. Any caretaker, social worker, physician, registered or licensed practical nurse, or other professional or staff member employed at a facility, and any representative of a managed care entity, who, as a result of information obtained in the course of that individual's employment, has reasonable cause to suspect or believe that [an institutionalized elderly person] a long-term care resident is being or has been abused or exploited, shall report such information to the ombudsman or to the person designated by the ombudsman to receive such report. If an individual reporting suspected abuse or exploitation pursuant to this subsection has reasonable cause to suspect or believe that the [institutionalized elderly person] resident is or has been the victim of a crime, the individual shall additionally report such information to the local law enforcement agency and to the health administrator of the facility.
(1) If the events that cause the suspicion or belief result in serious bodily injury, the individual shall report the suspicion or belief immediately, but not later than two hours after forming the suspicion or belief.
(2) If the events that cause the suspicion or belief do not result in serious bodily injury, the individual shall report the suspicion or belief immediately, but not later than 24 hours after forming the suspicion or belief.
b. Such report shall contain the name and address of the [elderly person] long-term care resident, information regarding the nature of the suspected abuse or exploitation, and any other information which might be helpful in an investigation of the case and the protection of such [elderly person] long-term care resident.
c. Any other person having reasonable cause to suspect or believe that [an elderly person] a long-term care resident is being or has been abused or exploited may report such information to the local law enforcement agency and to the ombudsman or the person designated by the ombudsman to receive such report.
d. The name of any person who reports suspected abuse or exploitation pursuant to this act shall not be disclosed, unless the person who reported the abuse or exploitation specifically requests such disclosure or a judicial proceeding results from such report.
e. Any person who reports suspected abuse or exploitation pursuant to this act or who testifies in any administrative or judicial proceeding arising from such report or testimony shall have immunity from any civil or criminal liability on account of such report or testimony, unless such person has acted in bad faith or with malicious purpose.
f. Any person required to report suspected abuse or exploitation pursuant to this act who fails to make such report shall be fined not more than $500, and the facility employing the individual shall be fined not more than $2,500. Such penalty shall be collected and enforced by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Each violation of this act shall constitute a separate offense.
g. No provision of this act shall be deemed to require the disclosure of, or penalize the failure to disclose, any information which would be privileged pursuant to the provisions of sections 18 through 23 inclusive of P.L.1960, c.52 (C.2A:84A-18 through 2A:84A-23).
h. When a person has been penalized under this section, a letter making note of the penalty shall immediately be sent by the court to the licensing authority or the professional board, if any, having jurisdiction over the person who has been penalized.
i. The office may bring suit in a court of competent jurisdiction to enforce any of the powers enumerated in this section.
(cf: P.L.2017, c.186, s.2)
8. Section 3 of P.L.1983, c.43 (C.52:27G-7.2) is amended to read as follows:
3. a. Upon receiving a report that [an elderly person] a long-term care resident may be or may have been abused or exploited, the ombudsman shall conduct a prompt and thorough investigation pursuant to section 8 of P.L.1977, c.239 (C.52:27G-8). Within 24 hours of receipt of the report, the ombudsman shall notify the Commissioner of Health [and Senior Services], or the Commissioner of Human Services in the case of a facility regulated or operated by the Department of Human Services, and any other governmental agency which regulates or operates the facility that the report has been received.
b. The investigation shall include a visit with the [elderly person] long-term care resident and consultation with others who have knowledge of the particular case. When the investigation is completed, findings and recommended action shall be [prepared in a written report and] submitted, upon request, upon substantiation of a report or complaint, or as otherwise provided pursuant to section 7 of P.L.1977, c.239 (C.52:27G-7): to the Commissioner of Health [and Senior Services] or the Commissioner of Human Services, as appropriate [,]; to [and] any other governmental agency which regulates or operates the facility; and to the complainant, if the resident or the resident's legal representative consents to the complainant receiving the findings and recommended action.
c. The person who reported the suspected abuse or exploitation shall be promptly notified that action is being taken.
d. If a determination is made that [an elderly person] a long-term care resident may have been criminally abused or exploited, the ombudsman shall refer such findings, in writing, to the county prosecutor.
e. Notwithstanding the provisions of any other statute or regulation to the contrary, upon completion of an investigation, the ombudsman shall [furnish a copy of the written report prepared pursuant to subsection b. of this section to] share the findings and recommendations with the resident and [shall send a copy by certified and regular mail to] the legal guardian or other person named on the consent form pursuant to section 2 of P.L.2001, c.7 (C.52:27G-7.3), as applicable.
f. The ombudsman shall make all reasonable effort to obtain the name [and], address, phone number, and e-mail address of the person named on the consent form, either from [their] the ombudsman's own records or information or those of the facility.
g. The ombudsman shall have the discretion to withhold notification upon evidence that said person was a party to the abuse or exploitation [of the elderly].
h. The notifications made and information shared pursuant to this section shall comply with applicable federal and State law.
(cf: P.L.2001, c.7, s.1)
9. Section 2 of P.L.2001, c.7 (C.52:27G-7.3) is amended to read as follows:
2. The ombudsman shall prepare and distribute to each facility a written consent form which sets forth that in the event of an [elderly] abuse investigation, the [patient, resident or client of the facility] long-term care resident consents to the release of the investigative [report] findings and recommendations to the legal guardian or other person named on the consent form. The ombudsman shall not be required to disclose the results of [the] any investigation or furnish a copy of the written report prepared pursuant to subsection b. of section 3 of P.L.1983, c.43 (C.52:27G-7.2) to any person other than the resident, legal guardian, or named person on the consent form.
This written consent form shall be given to every [patient, resident or client] long-term care resident upon admission to the facility.
(cf: P.L.2001, c.7, s.2)
10. Section 8 of P.L.1977, c.239 (C.52:27G-8) is amended to read as follows:
8. a. The office shall establish and implement procedures for conducting investigations.
b. Acting on complaint, the office may, notwithstanding any referral pursuant to subsection b. of section 7[. b.] of this act, investigate any act, practice, policy, or procedure of any facility or government agency that does or may adversely affect the health, safety, welfare, or civil or human rights of any [patient, resident or client] long-term care resident [of a facility].
c. Acting on its own initiative, the office may investigate any act, practice, policy, or procedure of any facility or government agency which it determines does or may adversely affect the health, safety, welfare, or civil or human rights of any [patient, resident or client] long-term care resident [in a facility].
d. In an investigation, the office may:
(1) Make the necessary inquiries and obtain such information as it deems necessary;
(2) Hold private hearings or public hearings;
(3) Enter, without notice, and [, after notifying the person in charge of its presence,] inspect the premises of a facility or government agency and inspect there any books, files, medical records, or other records that pertain to [patients, residents or clients] long-term care residents and are required by law to be maintained by the facility or government agency;
(4) Compel at a specific time and place, by [subpena] subpoena, the appearance and sworn testimony of any person who the office reasonably believes may be able to give information relating to a matter under investigation; or
(5) Compel any person to produce at a specific time and place, by [subpena] subpoena, any documents, books, records, papers, objects, or other evidence which the office reasonably believes may relate to a matter under investigation.
e. The office need not investigate any complaint where it determines that:
(1) The complaint is trivial, frivolous, vexatious, or not made in good faith;
(2) The complaint has been too long delayed to justify present investigation;
(3) The resources available, considering the established priorities, are insufficient for an adequate investigation; or
(4) The matter complained of is not within the investigatory authority of the office.
(cf: P.L.1977, c.239, s.8)
11. Section 9 of P.L.1977, c. 239 (C.52:27G-9) is amended to read as follows:
9. The office shall acknowledge complaints, report its findings, make recommendations, gather and disseminate information and other material, and publicize its existence, all as herein provided:
a. If a complaint identifies the complainant, the office shall acknowledge the receipt of such complaint and advise the complainant of any action taken or opinions and recommendations made by it in connection with the matter complained of.
b. Following an investigation the office may report its opinions or recommendations to the party involved. The office may request the party affected by such opinions or recommendations to notify it within a specified time of any action taken by such party on its recommendations. The office [,] may make public the complaint, the act, practice, policy, or procedure of a facility or government agency that does or may adversely affect the health, safety, welfare, or civil or human rights of a [patient, resident or client,] long-term care resident, its opinions or recommendations, the response of the facility or government agency to such opinions or recommendations, or any further opinions or recommendations of the office.
c. The office may recommend to the relevant government agency changes in the rules and regulations adopted or proposed by such government agency, which do or may adversely affect the health, safety, welfare, or civil or human rights of any [patient, resident or client] long-term care resident [in a facility].
d. The office may propose regulations to and petition any government agency to adopt such regulations, or regulations similar in content, that affect the health, safety, welfare, or civil or human rights of any [patient, resident or client] long-term care resident [in a facility].
e. The office may recommend to the relevant government agency that a facility shall no longer be permitted to receive [patients or] long-term care residents or payments under the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c.413 (C.30:4D-1 et seq.).
f. The office may recommend to the relevant government agency that it initiate procedures for assessment of penalties, revocation, suspension, the placing on probationary or provisional license, or denial of a license against a facility or a proposed facility as appropriate.
g. The office may publicize its existence, function, and activities through public relations with government and private organizations and groups and the public at large in general and with [patients, residents and clients] long-term care residents [in facilities] in particular.
h. The office shall report to the Governor and the Legislature on or before September 30 of each year, which report shall summarize its activities for the preceding fiscal year, document the significant problems in the systems of care and services for [the] [elderly] long-term care residents, indicate and analyze the trends in such systems of care and services, and set forth any opinions or recommendations which will further the State's capacity in resolving complaints, encouraging quality care, and ensuring the health, safety, welfare, or civil and human rights of [elderly patients, residents and clients] long-term care residents [of facilities] , including suggestions or recommendations for legislative consideration and for changes in the policy or rules and regulations of government agencies. The annual report shall be available to the public.
(cf: P.L.1977, c.239, s.9)
12. Section 10 of P.L.1977, c.239 (C.52:27G-10) is amended to read as follow:
10. a. The office shall promote community contact and involvement with [patients, residents and clients] long-term care residents [of facilities] through the use of volunteers and volunteer programs. The volunteers, as private citizens, may exercise, but need not be limited to, such functions as visitation, consultation, problem solving, eliciting complaints[,] and generally serving as advocates on behalf of [the institutionalized elderly] long-term care residents.
The office shall develop and propose programs for use, training, and coordination of volunteers and may:
(1) Establish and conduct recruitment programs for volunteers;
(2) Establish and conduct training seminars, meetings, and other programs for volunteers, and supply personnel, written materials, and such other reasonable assistance including publicizing [their] the volunteers' activities as may be deemed necessary;
(3) Elicit the support of, and cooperate with, appropriate private, nonprofit, and voluntary agencies and community groups in the development and coordination of volunteer programs and activities;
(4) Establish a reporting system volunteers can use to document the major problems and concerns affecting [the patients, residents or clients] long-term care residents [of facilities];
(5) Reimburse volunteers for some or all of [their] the volunteer's actual expenses, including, but not limited to, telephone and mileage incurred in performance of [their] the volunteer's duties under this act;
(6) Encourage, cooperate with, and assist the development and operation of referral services where current, valid, and reliable information on facilities and alternatives to institutionalization can be secured by [elderly] persons in need of these services and the general public;
(7) Request the participation and advice of such government agencies and other entities or persons as the office may deem appropriate or necessary to the development of volunteer programs and the effective use of volunteers; and
(8) Establish and conduct meetings and other programs for administrators, professional personnel, and other personnel employed by or in contract with the facilities.
b. The office may assist in the development and use, by [patients, residents or clients] long-term care residents [of facilities], of councils and other forums which permit such [patients, residents or clients] long-term care residents to discuss and communicate, on a continuing basis, their views on the strengths and weaknesses of the operations of the facility and on the quality of care provided and quality of life fostered. Memberships on such councils shall be determined by the [patients, residents or clients] long-term care residents of the particular facility and may include, but shall not be limited to, such [patients, residents or clients] long-term care residents, interested relatives, friends, or community persons. Assistance by the office may include, but shall not be limited to, conference with administrators, operators, or managers of facilities on the purpose and function of such councils and, upon request, participation in the formation of a council which the office deems appropriate to the individual needs of the facility and its [patients, residents or clients] long-term care residents.
In implementing the provisions of this section the ombudsman shall coordinate the efforts of the office concerning volunteers and councils with all relevant government agencies, and with the administrators of such private facilities as [he] the ombudsman may deem appropriate, to [insure] ensure coordination and avoid duplication of effort, so that the volunteer programs and councils developed and supported by the office may genuinely serve the interests of [the institutionalized elderly] long-term care residents without in any way disrupting the legitimate functioning of any facility in this State.
(cf: P.L.1977, c.239, s.10)
13. Section 11 of P.L.1977, c.239 (C.52:27G-11) is amended to read as follows:
11. a. Any correspondence or written communication from any [patient, resident, or client] long-term care resident [of a facility] to the office shall, if delivered to or received by the facility, be promptly forwarded, unopened, by the facility to the office. Any correspondence or written communication from the office to any [patient, resident, or client] long-term care resident [of a facility] shall, if delivered to or received by the facility, be promptly forwarded, unopened, by the facility to such [patient, resident, or client] long-term care resident.
b. The office shall prepare and distribute to each facility written notices, in English and Spanish, which set forth the address and telephone number of the office, a brief explanation of the function of the office, the procedure to follow in filing a complaint, and other pertinent information. The notice shall also indicate the option to call 9-1-1.
The administrator of each facility shall ensure that such written notice is given to every [patient, resident, or client] long-term care resident or the [patient's,] resident's[, or client's] guardian upon admission to the facility and to every person already in residence or the person's guardian. The administrator shall also post such written notice in a conspicuous, public place in the facility in the number and manner set forth in the guidelines adopted by the office.
c. The facility shall inform [patients, residents, or clients,] long-term care residents and their guardians, resident representatives, or families, of their rights and entitlements under State and federal laws and rules and regulations in a format and language that the recipient understands, by means of the distribution of educational materials as provided in subsection b. of this section.
d. The office shall facilitate the filing of complaints with the office concerning matters within the authority of the office. The measures taken in connection therewith shall include, but need not be limited to, maintenance of a toll-free telephone, either by the office or in conjunction with another appropriate State agency, at least during regular working hours of the office for the filing of complaints.
e. The administrator of each facility shall annually provide all caretakers, social workers, physicians, registered or licensed practical nurses, and other professionals and staff members employed at the facility with a notice explaining the requirements of section 2 of P.L.1983, c.43 (C.52:27G-7.1) concerning the reporting of suspected abuse or exploitation of [an institutionalized elderly person] a long-term care resident, and require, as a condition of employment at the facility, that the employee acknowledge in writing receipt of the notice. The signed acknowledgement shall be retained in the employee's personnel file.
(cf: P.L.2017, c.186, s.3)
14. Section 13 of P.L.1977, c.239 (C.52:27G-13) is amended to read as follows:
13. a. The office shall maintain confidentiality with respect to all matters in relation to any complaint or investigation together with identities of the complainants, witnesses, or [patients,] long-term care residents [or clients] involved, unless such persons authorize, in writing, the release of such information, except for such disclosures as may be necessary to enable the office to perform its duties and to support any opinions or recommendations that may result from a complaint or investigation. The investigatory files of the office, including all complaints and responses of the office to complaints, shall be maintained as confidential information. Release of pertinent records shall be at the discretion of the ombudsman. Nothing herein contained shall preclude the use by the office of material in its files, otherwise confidential, for the preparation and disclosure of statistical, case study, and other pertinent data, provided that in any such use there shall be no disclosure of the identity or the means for discovering the identity of particular persons.
b. Any person conducting or participating in any examination of a complaint or an investigation who shall disclose to any person other than the office, or those authorized by the ombudsman to receive it, the name of any witness examined, or any information obtained or given upon such examination or investigation, is a disorderly person.
c. Any statement or communication made by the office relevant to a complaint received by, proceedings before, or investigative activities of, the office, and any complaint or information made or provided in good faith by any person, shall be absolutely privileged and such privilege shall be a complete defense in any action which shall allege libel or slander.
d. The office shall not be required to testify in any court with respect to matters held to be confidential in this section except as the court may deem necessary to enforce the provisions of this act.
(cf: P.L.1977, c.239, s.13)
15. Section 14 of P.L.1977, c.239 (C.52:27G-14) is amended to read as follows:
14. a. No discriminatory, disciplinary, or retaliatory action shall be taken against any officer or employee of a facility or government agency by such facility or government agency or against any [patient,] long-term care resident[, or client of a facility] or guardian or family member thereof, or volunteer, for any communication by [him] that individual with the office or for any information given or disclosed by [him] the individual in good faith to aid the office in carrying out its duties and responsibilities. Any person who knowingly or willfully violates the provisions of this subsection by instituting discriminatory, disciplinary, or retaliatory action against any officer or employee of a facility or government agency or against any [patient,] long-term care resident [or client of a facility] or guardian or family member thereof, or volunteer, for any communication by [him] that individual with the office or for any information given or disclosed by [him] the individual in good faith to aid the office in carrying out its duties and responsibilities, is guilty of a crime of the fourth degree.
b. Any person who willfully hinders the lawful actions of the office or willfully refuses to comply with its lawful demands, including the demand of immediate entry into and inspection of a facility or government agency or the demand of immediate access to a [patient,] long-term care resident [or client] thereof, or who offers any compensation, gratuity, or promise thereof to the office in an effort to affect the outcome of any matter which is being investigated, or is likely to be investigated, shall be subject to a penalty of not more than [$5,000.00] $5,000. Such penalty shall be collected and enforced by summary proceedings pursuant to ["the penalty enforcement law" (N.J.S. 2A:58-1 et seq.)] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), upon complaint of the office or any other person. Each violation of this act shall constitute a separate offense.
c. The office may bring suit in any court of competent jurisdiction to enforce any of the powers enumerated in this act.
d. When a person has been penalized under this section, a letter making note of the penalty shall immediately be sent by the court to the licensing authority or the professional board, if any, having jurisdiction over the person who has been penalized.
(cf: P.L.1987, c.104, s.1)
16. Section of 15 of P.L.1977, c.239 (C.52:27G-15) is amended to read as follows:
15. The Legislature [through the Senate and Assembly Standing Committees on Institutions, Health and Welfare, or such other committee or committees as may be designated from time to time by the President of the Senate and Speaker of the General Assembly, respectively] shall review, on a continuous basis, the development, administration, and operation of the office provided for in this act. To facilitate this review and oversight, the office shall submit to the [committees] Legislature the reports required by this act [, and such other reports as shall be called for by the committees from time to time] in a manner that is consistent with section 2 of P.L.1991, c.164 (C.52:14-19.1).
(cf: P.L.1977, c.239, s.15)
17. This act shall take effect immediately.
STATEMENT
This bill expands the scope of the Office of the State Long-Term Care Ombudsman (ombudsman) to provide that the office of the ombudsman will oversee all long-term care facility residents, not just the elderly. The bill updates certain statutory references to reflect this change, and additionally removes references to "patients" and "clients" of a facility.
Current law provides that, upon completing an investigation, the ombudsman's findings and recommended action are to be submitted to the Commissioner of Health or the Commissioner of Human Services, as appropriate, as well as to any other governmental agency that regulates or operates the facility. The bill revises this requirement to provide that the report be furnished to these entities upon request, and upon substantiation of the report or complaint. The bill further provides that the report may also be provided to the complainant, if the resident or the resident's legal representative consents to the complainant receiving a copy of the report. The bill provides that, in addition to obtaining the name and address of a person on a consent form, the ombudsman is to make reasonable efforts to obtain the person's phone number and email address.
The bill removes a requirement for the ombudsman to provide notice before inspecting the premises, books, files, medical records, or other records of a facility or government agency during the course of an investigation.
The bill revises a requirement for the Legislature to review the development, administration, and operation of the office through certain standing reference committees to instead make the Legislature directly responsible for the review.
The bill makes various technical and stylistic changes to the current statutory law involving grammar and citation.
