Sponsored by:
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Assemblyman JAMES J. KENNEDY
District 22 (Middlesex, Somerset and Union)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblywoman DIANNE C. GOVE
District 9 (Atlantic, Burlington and Ocean)
Co-Sponsored by:
Assemblyman Benson, Assemblywomen Vainieri Huttle, Speight, Dunn, B.DeCroce, DiMaso, Tucker and Assemblyman Holley
SYNOPSIS
Requires State Long-Term Care Ombudsman to establish long-term care advocacy and educational training program.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning long-term care 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 PL.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 [he may deem] 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 [of his] power as [he] may [deem] 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 [he deems] 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 [he deems] necessary to carry out the purposes of this act;
e. Maintain suitable headquarters for the office and such other quarters as [he shall deem] necessary to the proper functioning of the office;
f. Solicit and accept grants of funds from the [Federal Government] 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 a long-term care advocacy and educational training program that is 18 months in duration in a manner to be determined by the ombudsman. At a minimum, the program shall provide training on 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; and federal guidelines, laws, and regulations that pertain to long-term care facilities, including guidelines, laws, and regulations on the inspection of long-term care facilities. The training program shall be completed by long-term care facility inspectors employed by the Department of Health in a manner determined by the Commissioner of Health. Subject to availability, the training program shall be offered to employees or volunteers of the ombudsman, long-term care advocates, residents of long-term care facilities and their family members, and long-term care facility employees. To develop the curriculum of the training program, the ombudsman may contract or consult with a non-profit organization that possesses expertise on federal laws and regulations pertaining to long-term care facilities.
(cf: P.L.1977, c.239, s.5)
2. This act shall take effect immediately.
STATEMENT
This bill requires the State Long-Term Care Ombudsman (ombudsman) to establish a long-term care advocacy and educational training program.
Under the bill, the ombudsman is to establish a long-term care advocacy and educational training program that is 18 months in duration in a manner to be determined by the ombudsman. At a minimum, the program is to provide training on 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, and exploitation of residents of long-term care facilities; long-term care facility ownership; and federal guidelines, laws, and regulations that pertain to long-term care facilities, including guidelines, laws, and regulations on the inspection of long-term care facilities. The training program is to be completed by long-term care facility inspectors employed by the Department of Health in a manner determined by the Commissioner of Health. Subject to availability, the training program is to be offered to employees or volunteers of the ombudsman, long-term care advocates, residents of long-term care facilities and their family members, and long-term care facility employees. To develop the curriculum of the training program, the ombudsman may contract or consult with a non-profit organization that possesses expertise on federal laws and regulations pertaining to long-term care facilities.