Requires State Long-Term Care Ombudsman to include memory care training in annual long-term care training program.

A2457

ASSEMBLY, No. 2457

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman TENNILLE R. MCCOY

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Requires State Long-Term Care Ombudsman to include
memory care training in annual long-term care training program.

CURRENT VERSION OF TEXT

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

��

An Act

concerning memory care training and amending
P.L.1977, c.239.

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

���� 1.��� Section 5 of P.L.1977,
c.239 (C.52:27G-5) shall be amended 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 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;
the needs and rights
of long-term care residents who have Alzheimer's disease and related disorders,
and methods to deal with the specific problems encountered by such residents;

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)

����� 2.�
(New section)� a.� In the event that, one year after the effective date of
P.L.��� , c.��� (pending before the Legislature as this bill), the annual
long-term care training program established pursuant to subsection h. of
section 5 of P.L.1977, c.239 (C.52:27G-5) does not include training on the
needs and rights of long-term care residents who have Alzheimer�s Disease and
related disorders and methods to deal with the specific problems encountered by
such residents, the State Long-Term Care Ombudsman shall appear before the
committee of first reference in which this act was considered in each House, or
before another standing reference committee in the General Assembly as may be
determined by the Speaker of the General Assembly and in the Senate as may be
determined by the President of the Senate, to explain why the training program
does not include training on the needs and rights of long-term care residents
who have Alzheimer�s Disease and related disorders and methods to deal with the
specific problems encountered by such residents, and the steps the ombudsman is
taking to ensure the full implementation of this act.� Thereafter, for such
time as the training program does not include training on the needs and rights
of long-term care residents who have Alzheimer�s Disease and related disorders
and methods to deal with the specific problems encountered by such residents,
the Speaker of the General Assembly shall have the authority to require the
ombudsman to appear before any appropriate General Assembly standing reference
committee to explain why this act has not been implemented in accordance with
its provisions and the steps that are being taken to ensure the full
implementation of this act, and the President of the Senate shall have the
authority to require the ombudsman to appear before any appropriate Senate
standing reference committee to explain why this act has not been implemented
in accordance with its provisions and the steps that are being taken to ensure
the full implementation of this act.

���� b.��� This
section shall expire at such time as the annual long-term care training program
established pursuant to subsection h. of section 5 of P.L.1977, c.239
(C.52:27G-5) includes training on the needs and rights of long-term care
residents who have Alzheimer�s Disease and related disorders and methods to
deal with the specific problems encountered by such residents.

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

STATEMENT

���� This
bill requires the State Long-Term Care Ombudsman to
include memory care training in the ombudsman�s annual long-term care training
program.� The ombudsman is responsible for securing, preserving, and promoting
the health, safety, and welfare of New Jersey's long-term care residents,
through investigations of abuse, neglect, and exploitation; legislative and
regulatory advocacy; policy work; and education and outreach.

����� Under current law, the ombudsman is required to
establish, in consultation with the Department of Health, an annual long-term
care training program which, at a minimum, is to 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.� This bill expands the required list of subjects to
include the needs and rights of long-term care residents who have Alzheimer's
disease and related disorders, and methods to deal with the specific problems
encountered by such residents.�

����� This annual training program is required to 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 is offered to residents
of long-term care facilities, those residents' family members, advocacy
organizations, government agencies, and long-term care facility employees.

���� The bill further provides that, if the annual
long-term care training program does not include memory care training within
one year after the effective date of the bill, the ombudsman may be required to
appear before one or more legislative standing reference committees to explain
why the bill has not been implemented as enacted and the steps the ombudsman is
taking to implement the bill.� This provision will remain in effect until the
training program includes the memory care component, at which time the provision
will expire
.