New Jersey-2024-A493-Introduced

An Act concerning residential health care facilities and amending P.L.1953, c.212.

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

1. Section 3 of P.L.1953, c.212 (C.30:11A-3) is amended to read as follows:

3. a. The Department of Health and the Department of Community Affairs shall each adopt, promulgate, and enforce such rules, regulations, and standards with respect to the residential health care facilities that are approved hereunder, and that fall under each department's jurisdiction, as each such department may deem to be necessary to assure that: persons living in such facilities are afforded the opportunity to live with as much independence, autonomy, and interaction with the surrounding community as they are capable of; such persons are afforded a minimum standard of sanitation, housekeeping, heat, light, air, food, lodging, care, service, and fire safety which also preserves and promotes a homelike atmosphere appropriate to such facilities; such persons are not deprived of any constitutional, civil, or legal right solely by reason of their living in such facilities; employees of public and private agencies have reasonable access to such facilities; and other citizens have reasonable access to such facilities upon receiving the consent of a resident to be visited by them. The rules, regulations, and standards adopted pursuant to this subsection shall, at a minimum, require each residential building at the facility to have at least two staff members on duty at all times who are able to provide resident supervision, which supervision may be a primary or secondary duty of the staff members, and require each facility to develop, maintain, and enforce a comprehensive plan concerning residents who leave the premises of the facility, including protocols for identifying and immediately reporting incidents in which a resident is missing for 24 hours.

b. Nothing in this chapter, or in any rule or regulation promulgated hereunder, shall be construed to mean that any residential health care facility may advertise, hold itself out, or operate, as a nursing home.

c. Each department may determine that the various establishments covered by P.L.1953, c.212 (C.30:11A-1 et seq.), which are subject to each department's respective jurisdiction, are appropriately and reasonably classified into two or more classes, and may establish separate rules, regulations, and standards for each such class. Such rules, regulations, and standards shall include, but need not be limited to, all requirements and limitations legally imposed upon any such establishment by any other municipal, county, or State office or officer having inspection, approval, licensing, or regulatory authority with respect to such establishment.

d. The provisions of this subsection shall apply only to those free-standing residential health care facilities that are not located with, and operated by, a licensed health care facility, and which are subject to the authority of the Department of Community Affairs.

(1) No licensee shall cause any resident to be evicted from a residential health care facility that is not located with, and operated by, a licensed health care facility, except for good cause, as defined in P.L.1974, c.49 (C.2A:18-61.1 et seq.), and except in accordance with the procedural requirements of P.L.1974, c.49 (C.2A:18-61.1 et seq.). Nothing in P.L.1953, c.212 (C.30:11A-1 et seq.) shall prohibit the transfer of a resident to a screening center for an evaluation to determine whether the resident poses a risk of danger to the resident's own self or to others. In the event of such transfer, the licensee may contemporaneously proceed with eviction against such resident pursuant to P.L.1974, c.49 (C.2A:18-61.1 et seq.). All references in P.L.1974, c.49 (C.2A:18-61.1 et seq.) to the terms "landlords," "tenants," "tenancy," "lease," or similar terminology shall be equally applicable to residents of and residential agreements used by a residential health care facility that is not located with, and operated by, a licensed health care facility.

(2) In addition to the other requirements of this subsection, a licensee shall provide prompt written notice to the county welfare agency, to the Department of Community Affairs, and to the New Jersey Office of the Ombudsman for the Institutionalized Elderly of any proposed eviction of a resident. The written notice required by this paragraph shall be provided at the time that a complaint for eviction is filed with the appropriate court and appended thereto. No Judgment of Possession shall be entered unless the requirements of this paragraph have been met.

(cf: P.L.2017, c.234, s.3)

2. This act shall take effect immediately.

STATEMENT

This bill requires that the rules and regulations adopted for residential health care facilities include a requirement that all residential buildings at the facility have at least two staff members on duty at all times to provide resident supervision, which supervision may be a primary or secondary duty of the staff members. The rules and regulations are to additionally require that all residential health care facilities develop, maintain, and enforce a comprehensive plan concerning residents who leave the premises of the facility, including protocols for identifying and immediately reporting incidents in which a resident is missing for 24 hours.

The Department of Health (DOH) oversees residential health care facilities that are located with, and operated by, another DOH-licensed facility, and the Department of Community Affairs oversees free-standing residential health care facilities that are not located with, or operated by, a DOH-licensed facility. Each department will be responsible for ensuring its respective rules and regulations concerning residential health care facilities are consistent with the requirements of the bill.