Bill > S1962

This bill provides enhanced protections for residents of long-term care facilities and long-term acute care hospitals, which are defined as facilities like nursing homes, assisted living residences, and residential health care facilities. A key provision prohibits owners, administrators, employees, or anyone financially benefiting from these facilities from managing a resident's financial affairs unless appointed as a guardian by the Superior Court, which will consult with the Office of the Public Guardian for Elderly Adults. Furthermore, these individuals and related entities are barred from acting as an attorney-in-fact, meaning they cannot hold power of attorney for residents, and any such power of attorney will be considered invalid, though this does not prevent a family member from acting as an attorney-in-fact. Residents who suffer harm due to violations of these provisions can sue for damages, including treble damages for willful violations, and attorney's fees. The bill also mandates the Department of Health to create standard resident admission agreement forms for long-term care facilities, which facilities must use for new admissions and cannot alter without department approval, and requires specific notices to be provided to residents regarding their right to legal assistance for Medicaid applications and their right to refuse arbitration agreements as a condition of admission.

Health and Social Services

https://www.njleg.state.nj.us/bill-search/2024/S1962