Bill Text: NJ S3603 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires State Long-Term Care Ombudsman to include memory care training in annual long-term care training program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-09-19 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S3603 Detail]
Download: New_Jersey-2024-S3603-Introduced.html
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Requires State Long-Term Care Ombudsman to include memory care training in annual long-term care training program.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning memory care training 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 P.L.1977, c.239 (C.52:27G-5) shall be amended 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 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 power as may 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 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 necessary to carry out the purposes of this act;
e. Maintain suitable headquarters for the office and such other quarters as necessary to the proper functioning of the office;
f. Solicit and accept grants of funds from the 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, in consultation with the Department of Health, an annual long-term care training program in a manner to be determined by the ombudsman. At a minimum, the program shall address 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; the needs and rights of long-term care residents who have Alzheimer's disease and related disorders, and methods to deal with the specific problems encountered by such residents; long-term care facility ownership; updates on State and federal guidelines, laws, and regulations that pertain to long-term care facilities; and issues, trends, and policies that impact the rights of long-term care residents. The annual training program shall be completed by the ombudsman's investigative and advocacy staff, the ombudsman's volunteer advocates, and Department of Health long-term care facility surveyors, inspectors, and complaint investigators. Subject to the availability of staff and funding, the training program shall be offered to residents of long-term care facilities, those residents' family members, advocacy organizations, government agencies, and long-term care facility employees. To develop and implement the training program, the ombudsman may contract or consult with a non-profit organization that possesses expertise on the rights of residents in long-term care settings.
(cf: P.L.2021, c.294, s.1)
2. (New section) a. In the event that, one year after the effective date of P.L. , c. (pending before the Legislature as this bill), the annual long-term care training program established pursuant to subsection h. of section 5 of P.L.1977, c.239 (C.52:27G-5) does not include training on the needs and rights of long-term care residents who have Alzheimer's Disease and related disorders and methods to deal with the specific problems encountered by such residents, the State Long-Term Care Ombudsman shall appear before the committee of first reference in which this act was considered in each House, or before another standing reference committee in the General Assembly as may be determined by the Speaker of the General Assembly and in the Senate as may be determined by the President of the Senate, to explain why the training program does not include training on the needs and rights of long-term care residents who have Alzheimer's Disease and related disorders and methods to deal with the specific problems encountered by such residents, and the steps the ombudsman is taking to ensure the full implementation of this act. Thereafter, for such time as the training program does not include training on the needs and rights of long-term care residents who have Alzheimer's Disease and related disorders and methods to deal with the specific problems encountered by such residents, the Speaker of the General Assembly shall have the authority to require the ombudsman to appear before any appropriate General Assembly standing reference committee to explain why this act has not been implemented in accordance with its provisions and the steps that are being taken to ensure the full implementation of this act, and the President of the Senate shall have the authority to require the ombudsman to appear before any appropriate Senate standing reference committee to explain why this act has not been implemented in accordance with its provisions and the steps that are being taken to ensure the full implementation of this act.
b. This section shall expire at such time as the annual long-term care training program established pursuant to subsection h. of section 5 of P.L.1977, c.239 (C.52:27G-5) includes training on the needs and rights of long-term care residents who have Alzheimer's Disease and related disorders and methods to deal with the specific problems encountered by such residents.
3. This act shall take effect immediately.
STATEMENT
This bill requires the State Long-Term Care Ombudsman to include memory care training in the ombudsman's annual long-term care training program. The ombudsman is responsible for securing, preserving, and promoting the health, safety, and welfare of New Jersey's long-term care residents, through investigations of abuse, neglect, and exploitation; legislative and regulatory advocacy; policy work; and education and outreach.
Under current law, the ombudsman is required to establish, in consultation with the Department of Health, an annual long-term care training program which, at a minimum, is to address 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; updates on State and federal guidelines, laws, and regulations that pertain to long-term care facilities; and issues, trends, and policies that impact the rights of long-term care residents. This bill expands the required list of subjects to include the needs and rights of long-term care residents who have Alzheimer's disease and related disorders, and methods to deal with the specific problems encountered by such residents.
This annual training program is required to be completed by the ombudsman's investigative and advocacy staff, the ombudsman's volunteer advocates, and Department of Health long-term care facility surveyors, inspectors, and complaint investigators. Subject to the availability of staff and funding, the training program is offered to residents of long-term care facilities, those residents' family members, advocacy organizations, government agencies, and long-term care facility employees.
The bill further provides that, if the annual long-term care training program does not include memory care training within one year after the effective date of the bill, the ombudsman may be required to appear before one or more legislative standing reference committees to explain why the bill has not been implemented as enacted and the steps the ombudsman is taking to implement the bill. This provision will remain in effect until the training program includes the memory care component, at which time the provision will expire.
