A1148

An Act concerning continuing care retirement communities and amending P.L.1986, c.103.

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

1. Section 16 of P.L.1986, c.103, (C.52:27D-345) is amended to read as follows:

a. Residents living in a facility which holds a certificate of authority issued pursuant to this act have the right of self-organization. No retaliatory conduct shall be permitted against a resident for organization or membership or participation in a residents' organization; for the resident's lawful efforts to secure or enforce his rights under the continuing care agreement, the laws of the State of New Jersey or its governmental subdivisions, or of the United States; or for the resident's good faith complaint to a governmental authority of the provider's alleged violation of any health or safety law, regulation, code or ordinance or State law or regulation which has as its objective the regulation of the facility or the delivery of health care services.

b. The board of directors or other local governing body, or a designated representative[,] who is not the chief executive officer or other [governing body] staff member, of a continuing care facility shall hold quarterly meetings with the residents or their elected representatives of the [continuing care]facility, for the purpose of free discussion of subjects which may include income, expenditures and financial matters as they apply to the facility and proposed changes in policies, programs and services. Any questions on these subjects may be raised, except for confidential personnel matters, and shall be answered or explained promptly when possible, or within a reasonable period of time. Residents shall be given at least seven days' notice of each quarterly meeting.

c. The provider shall designate and make knowledgeable personnel available to address resident complaints about the operation and management of the facility.

d. The board of directors or other local governing body of a facility shall include at least one resident as a full voting member of that board or body. Resident members shall be nominated by the elected representatives of the residents and selected by the board of directors or other local governing body.

e. The board of directors or other local governing body of the facility shall consult and discuss with the representatives of the residents a proposed action that might significantly affect the well-being of the residents or the financial stability of the facility, before

taking any such action.

(cf: P.L.1986, c.103, s.16)

2. Section 28 of P.L.1986, c.103 (C.52:27D-357) is amended to read as follows:

a. There is created a Continuing Care Advisory Council which consists of 17 members as follows: the Commissioners of the Departments of Community Affairs, Health and Senior Services and Banking and Insurance, or their designees, who shall serve ex officio and shall be non-voting members; 10 public members appointed by the Governor, with the advice and consent of the Senate, who are residents of the State and two of whom are administrators of continuing care facilities in this State, one of whom is a representative of the business community and knowledgeable in the area of management, one of whom is a certified public accountant, one of whom is an attorney licensed to practice in this State, three of whom are residents of continuing care retirement communities in this State chosen by the Organization of Residents Associations of New Jersey, one of whom is a trustee or director of a continuing care retirement community in this State and one of whom is a representative of the New Jersey Association of Non-Profit Homes for the Aging; two members of the Senate appointed by the President thereof; and two members of the General Assembly appointed by the Speaker thereof.

b. The term of office for each public member is three years, or until the member's successor has been appointed; except that of the public members first appointed, two shall be appointed for a term of one year, two for a term of two years and three for a term of three years. The legislative members shall be appointed for their legislative terms of office.

A vacancy in the membership of the council shall be filled in the same manner as the original appointment, but for the unexpired term. A member of the council is eligible for reappointment.

The members of the council shall serve without compensation, but the council shall reimburse the members for the reasonable expenses incurred in the performance of their duties.

c. The council shall hold an organizational meeting within 30 days after the appointment of its members. The members of the council shall elect from among them a chairman, who shall be the chief executive officer of the council, and the members shall elect a secretary, who need not be a member of the council.

d. The council shall meet at least four times a year but may meet more frequently at the discretion of the chairman or the commissioner.

e. The council may call to its assistance and avail itself of the services and assistance of any officials and employees of the Department of Community Affairs or other State agency and political subdivisions and their departments, boards, bureaus, commissions and agencies as it requires and as is available to it for this purpose and may expend any funds that are appropriated or otherwise made available to it pursuant to this act.

f. The council shall:

(1) Advise and provide information to the commissioner on matters pertaining to the operation and regulation of continuing care retirement facilities, upon request of the commissioner;

(2) Review and comment upon, as appropriate, any proposed rules and regulations and legislation pertaining to continuing care retirement facilities;

(3) Make recommendations to the commissioner about any needed changes in rules and regulations and State and federal laws pertaining to continuing care retirement facilities; and

(4) Assist in the rehabilitation of a continuing care retirement facility, upon request of the commissioner.

g. The commissioner shall report annually to the Governor and the Legislature, the commissioner's and the council's findings and recommendations concerning continuing care retirement communities and the implementation of this act.

(cf: P.L.1986, c.103, s.28)

3. This act shall take effect immediately, except that section 1 shall take effect on the 90th day after enactment.

STATEMENT

This bill amends N.J.S.A.52:27D-345 concerning quarterly meetings of the board of directors or other local governing body of a continuing care facility with the residents or their elected representatives in the facility. Under current law, the board of directors, a designated representative, or other governing body of a continuing care facility must hold the quarterly meetings. The bill stipulates that a designated representative who holds the quarterly meetings may not be the chief executive officer or another staff member of the continuing care facility. In addition, the bill provides that, except for confidential personnel matters, any questions concerning subjects such as income, expenditures and financial matters and proposed changes in policies, programs and services may be raised and must be answered or explained promptly when possible, or within a reasonable period of time.

The bill also provides that the board of directors or other local governing body must include at least one resident as a full voting member. Resident members would be nominated by the elected representatives of the residents and selected by the board of directors or other local governing body.

In addition, the board of directors or other local governing body must consult and discuss with the representatives of the residents a proposed action that might significantly affect the well-being of the residents or the financial stability of the facility, before taking any such action.

Lastly, the bill amends N.J.S.A.52:27D-357, concerning the Continuing Care Advisory Council, to provide that the three public members of the council who are residents of continuing care retirement communities in this State be chosen by the Organization of Residents Associations of New Jersey.