Expands scope of Office of State Long-Term Care Ombudsman; appropriates $1 million.

A1017

ASSEMBLY, No. 1017

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman BALVIR SINGH

District 7 (Burlington)

Co-Sponsored by:

Assemblywoman Speight and Assemblyman Danielsen

SYNOPSIS

���� Expands scope of Office of State Long-Term Care
Ombudsman; appropriates $1 million.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the Office of the State Long-Term Care
Ombudsman, amending various parts of the statutory law, and making an
appropriation.

����
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 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 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 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
]
.

(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 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 may delegate to
subordinate officers or employees in the office such power as may be desirable
to be exercised under his or her 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 (Civil
Service) of the Revised 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 (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 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, 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,
[
and
]
any other
governmental agency which regulates or operates the facility
, and the
complainant upon receipt of the consent of the resident or the resident�s legal
representative
.

���� 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 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 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 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 actual expenses, including, but not limited to,
telephone and mileage incurred in performance of their 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;

���� (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 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
1
[
patient,
]

long-term
care
resident
[
,
or client
]

of a facility or guardian or family member thereof, or volunteer, for any
communication by him with the office or for any information given or disclosed
by him 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 with the office or for any information given or disclosed
by him 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.� 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.� a.� There shall be
appropriated from the General Fund to the Office of the State Long-Term Care
Ombudsman, $700,000 for the purpose of employing additional staff; purchasing,
renting, or leasing vehicles or other transportation; and such other expenses as
may be necessary to carry out the purposes of the office.�

���� b.��� There shall be
appropriated from the General Fund to the Office of the State Long-Term Care
Ombudsman, $300,000 for the purpose of undertaking a Statewide advertising
campaign to promote the office�s Volunteer Advocate program.

���� 18.� This act shall take
effect immediately.

STATEMENT

���� This bill expands the scope of
the Office of the State Long-Term Care Ombudsman (ombudsman) and appropriates
$1 million.

���� Specifically, the bill
provides 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 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 appropriates to the
ombudsman $700,000 for the purpose of employing additional staff; purchasing,
renting, or leasing vehicles or other transportation; and such other expenses
as may be necessary to carry out the purposes of the office.� Further, $300,000
is appropriated for the purpose of undertaking a Statewide advertising campaign
to promote the ombudsman�s Volunteer Advocate program.

���� The bill makes various
technical and stylistic changes involving grammar and citation.