Bill > A1888

This bill, titled "Provides certain protections to residents of long-term care facilities and long-term acute care hospitals," aims to safeguard individuals residing in or being admitted to long-term care facilities (which include nursing homes, assisted living residences, comprehensive personal care homes, residential health care facilities, and dementia care homes) and long-term acute care hospitals. 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 their affiliates are barred from acting as an attorney-in-fact, meaning they cannot hold power of attorney for a resident, 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. The bill also mandates the development of standard resident admission agreement forms by the Department of Health, which facilities must use for new admissions and cannot alter without department approval, with provisions for shorter stays and specific requirements for arbitration agreements. Additionally, facilities must provide residents with a notice informing them of their option to hire an attorney for Medicaid application assistance, and any entity providing such assistance must disclose financial relationships with facilities and advise residents of their right to legal counsel. The bill also introduces a cause of action for residents who suffer harm due to violations of these provisions, allowing them to seek damages, including treble damages for willful violations, and attorney's fees. Finally, the bill requires the Commissioner of Human Services to establish standards for non-attorney Medicaid application assistance providers.

Health and Social Services

https://www.njleg.state.nj.us/bill-search/2024/A1888