A5178 —

A5178 AMV Statement 1/25/21 ASSEMBLY MILITARY AND VETERANS' AFFAIRS COMMITTEE   STATEMENT TO   ASSEMBLY, No.

5178   STATE OF NEW JERSEY 219th LEGISLATURE   INTRODUCEDDATED: DECEMBER 21, 2020     Sponsored by:

Assemblywoman  JANUARY CLEOPATRA25, G.2021         The Assembly Military and Veterans’ Affairs Committee reports favorably Assembly Bill No.

TUCKER5178. District 28 (Essex) Assemblywoman  VALERIE VAINIERI HUTTLE District 37 (Bergen) Assemblywoman  LISA SWAIN District 38 (Bergen and Passaic)   Co-Sponsored by:

Assemblyman      ScharfenbergerThis  bill  would  require  the SYNOPSIS      Requires Office of the State Long-Term Care Ombudsman to submit an annual report to the oversight board of each veterans’ facilityfacility.  oversightThe boards.report would summarize the office’s activities relating to the care and quality of life at veterans’ facilities for the previous fiscal year, document significant problems in the system of care and services at veterans’ facilities, indicate and analyze trends in the system of care and services at veterans’ facilities, 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 at veterans’ facilities, including suggestions or  recommendations for legislative consideration and for changes in the policy or rules and regulations of government agencies.  The report required by this bill would be similar to the annual report currently submitted to the Governor and the Legislature each year concerning all long-term care facilities in the State.

  CURRENT VERSION OF TEXT      As introduced.

   An Act concerning annual reports of the Office of the State Long-Term Care Ombudsman and amending P.L.1977, c.239.

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

       1.    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, 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 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 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 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, 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 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.

     In addition to reporting to the Governor and the Legislature pursuant to this section, the office shall also report to the oversight board of each veterans’ facility on or before September 30 of each year, a summary of its activities relating to the care and quality of life at veterans’ facilities for the preceding fiscal year, document the significant problems in the system of care and services at veterans’ facilities, indicate and analyze trends in the system of care and services at veterans’ facilities, 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 at veterans’ 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.

     For purposes of this section, “veterans’ facility” shall have the same meaning as set forth in section 1 of P.L.1989, c.162 (C.38A:3-6.3).

(cf:

P.L.1977, c.239, s.9)        2.    This act shall take effect immediately.

    STATEMENT        This bill would require the Office of the State Long-Term Care Ombudsman to submit an annual report to the oversight board of each veterans’ facility.  The report would summarize the office’s activities relating to the care and quality of life at veterans’ facilities for the previous fiscal year, document significant problems in the system of care and services at veterans’ facilities, indicate and analyze trends in the system of care and services at veterans’ facilities, 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 at veterans’ facilities, including suggestions or  recommendations for legislative consideration and for changes in the policy or rules and regulations of government agencies.  The report required by this bill would be similar to the annual report currently submitted to the Governor and the Legislature each year concerning all long-term care facilities in the State.