S3275

An Act establishing the Office of Inspector General for Veterans’ Facilities and supplementing Title 52 of the Revised Statutes.

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

1. There is established in, but not of, the Department of Law and Public Safety the Office of Inspector General for Veterans’ Facilities. Notwithstanding this allocation, the office shall be independent of any supervision or control by the department or by any officer thereof. The inspector general shall be a person qualified by experience as either a prosecutor or investigator, or in the operation of veterans’ facilities, nursing homes, or long-term care facilities. The inspector general shall be appointed by the Governor with the advice and consent of the Senate. The inspector general shall be appointed to a term of five years.

As used in this act: “veterans’ facilities” shall have the same meaning as set forth in section 1 of P.L.1989, c.162 (C.38A:3-6.3), “nursing homes” shall the same meaning as set forth in section 1 of P.L.1977, c.237 (C.26:2H-32), and “long-term care facilities” means a nursing home, assisted living residence, comprehensive personal care home, residential health care facility, or dementia care home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

2. a. The Inspector General for Veterans’ Facilities shall establish the internal organizational structure of the office in a manner appropriate to carrying out the duties and responsibilities of the office. The inspector general shall have the power to appoint, employ, promote, and remove such assistants, employees, and personnel as deemed necessary for the efficient and effective administration of the office.

b. The inspector general may obtain the services of consultants or other professionals necessary to perform the duties and responsibilities of the office. Consultants shall be selected through an open competitive process and the inspector general shall establish standards and protocols to ensure the fairness and integrity of the process.

3. The inspector general is authorized to call upon any department, office, division, or agency of State government to provide such information, resources, or other assistance deemed necessary to discharge the duties and responsibilities of the inspector general. Each department, office, division, and agency of this State shall cooperate with the inspector general and furnish the office with any necessary assistance.

The inspector general is authorized to cooperate and conduct joint investigations with other State oversight or law enforcement authorities, including the State Long-Term Care Ombudsman.

4. a. The Inspector General for Veterans’ Facilities shall receive and investigate complaints concerning policies and procedures in place at State veterans’ facilities. In exercising investigatory powers, the inspector general shall also be empowered to conduct evaluations, inspections, and other such reviews as necessary to ensure the safety and quality of care provided at veterans’ facilities. The inspector general shall further be empowered to initiate investigations independent of any received complaint as deemed necessary to ensure the safety and quality of care provided at veterans’ facilities.

b. The inspector general shall conduct investigations in accordance with prevailing national and professional standards, rules, and practices concerning investigations conducted in governmental environments. The inspector general shall ensure that the office remains in compliance with such standards, rules, and practices. The inspector general shall provide a process for complaints to be submitted confidentially by employees, residents, or family members of residents at veterans’ facilities.

c. In furtherance of an investigation, the inspector general may compel at a specific time and place, by subpoena, the appearance and sworn testimony of any person whom the inspector general reasonably believes may be able to provide information relating to the policies and procedures under investigation. For this purpose, the inspector general is empowered to administer oaths, examine witnesses under oath, and compel any person to produce at a specific time and place, by subpoena, any documents, books, records, papers, objects, or other evidence that the inspector general reasonably believes may relate to a matter under investigation.

If any person to whom such subpoena is issued fails to appear or, having appeared, refuses to give testimony, or fails to produce the books, papers, or other documents required, the inspector general may apply to the Superior Court and the court may order the person to appear and give testimony or produce the books, paper, or other documents as applicable. Any person failing to obey the court’s order may be punished by the court for contempt.

d. A person compelled to appear by the inspector general and provide sworn testimony shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his or her rights. A witness compelled to appear and testify shall be accorded all due process rights.

5. a. The inspector general may decline to investigate a complaint received when it is determined that:

the complaint is trivial, frivolous, vexatious, or not made in good faith;

if, in the opinion of the inspector general, the complaint has been delayed too long to produce sufficient evidence or witnesses to justify a present investigation;

the resources available, in considering established priorities, are insufficient for an adequate investigation; or

the matter complained of is not within the inspector general’s investigatory authority.

b. The inspector general is authorized to refer a complaint received that alleges possible criminal conduct and any independent investigation initiated by the inspector general that alleges possible criminal conduct to the Division of Criminal Justice within the Office of the Attorney General, or other appropriate prosecutorial authority. In the course of conducting investigations, evaluations, inspections, and other reviews, the inspector general may also refer matters for further civil and administrative action to the appropriate authorities.

6. Whenever a person places a request with a public agency for a record that has been provided to the inspector general during the course of an investigation and that record was open for public inspection, examination, or copying before the investigation commenced, the public agency from which the inspector general obtained the record shall comply with the request pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) provided that the request does not in any way identify the record sought by means of a reference to the inspector general’s investigation or to an investigation by any other public agency, including, but not limited to, a reference to a subpoena issued pursuant to such investigation. Requests for a record made to the inspector general pursuant to this section shall be referred to the agency that initially provided such records to the inspector general.

7. The inspector general shall meet at least twice annually with the Attorney General, the Adjutant General of the Department of Military and Veterans’ Affairs, the Commissioner of Health, the Long-Term Care Ombudsman, and any other public officers or employees deemed necessary who perform audits, investigations, and performance reviews similar or identical to those authorized to be performed by the inspector general for the purpose of consulting, coordinating, and cooperating with those officers and employees in the conduct of audits, investigations, and reviews. The purpose of such meetings will be to:

facilitate communication and exchange information on completed, current, and future investigations of veterans’ facilities policies and procedures;

avoid duplication and fragmentation of efforts;

optimize the use of resources;

avoid divisiveness and organizational uncertainty;

promote effective working relationships; and

avoid the unnecessary expenditure of public funds.

8. At the conclusion of each investigation, the inspector general shall prepare and submit to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report containing the findings from his or her investigation and recommendations for corrective or remedial action. The report shall be made available to the public on the official website of the Office of Inspector General for Veterans’ Facilities and be sent to the veterans’ home subject to the investigation. The inspector general shall establish a process for interested members of the public to apply to automatically receive filed reports through electronic or other appropriate means.

9. a. Upon the appointment of the inspector general in accordance with this act, P.L. , c. (pending before the Legislature as this bill), the inspector general shall immediately begin an investigation into the policies and practices instituted at veterans’ facilities regardless of their origin.

b. The inspector general shall review the policies and practices that may have caused or contributed to the high number of deaths in the veterans’ facilities during the COVID-19 pandemic.

c. The investigation shall be completed within 180 days following the initial appointment of the inspector general, except that the inspector general shall immediately report to the appropriate officials in charge of the facilities any individual findings and recommendations deemed appropriate for the protection of residents, staff, and guests of the facilities.

d. At the conclusion of the investigation, the inspector general shall prepare and submit to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report containing the findings from the investigation and recommendations for corrective or remedial action. The report shall be made available to the public on the official website of the Office of Inspector General for Veterans’ Facilities and be sent to the veterans’ facilities that are subject to the investigation.

10. This act shall take effect immediately.

STATEMENT

This bill would create the Office of Inspector General for Veterans’ Facilities. The inspector general will be appointed to a five-year term by the Governor with the advice and consent of the Senate. The inspector general must have experience as either a prosecutor or investigator, or in the operation of veterans’ facilities, nursing homes, or long-term care facilities. The inspector general will be independent of supervision or control by any other State officer or employee.

The role of the Inspector General for Veterans’ Facilities will be to receive and investigate complaints concerning policies and procedures at State veterans’ facilities. In exercising investigatory powers, the inspector general would also be empowered to conduct evaluations, inspections, and other such reviews as deemed necessary to ensure the safety and quality of care provided at State veterans’ facilities. The inspector general would also be empowered to initiate investigations independent of any complaints received. Upon the appointment of the inspector general, the inspector general will immediately begin an investigation into the policies and practices that may have caused or contributed to the high number of deaths in the veterans’ facilities during the COVID-19 pandemic. The inspector general may refer possible criminal conduct or activity to the appropriate prosecutorial authority.

In light of the uncontrolled outbreak of COVID-19 at veterans’ facilities in Paramus and Menlo Park, there is need for additional State oversight of the policies and procedures at all State veterans’ facilities. By establishing the position of Inspector General for Veterans’ Facilities, the State can ensure that the health and well-being of New Jersey’s veterans are protected and that tragedies like those that occurred in Paramus and Menlo Park never happen again.