New Jersey Senate Bill S3606

New Jersey 2022-2023 Regular Session

• Introduced: 2/13/23
• Refer: 2/13/23

Caption

Provides certain protections to residents of long-term care facilities.

Impact

The legislation requires that the Department of Health develop a standardized admission contract which facilities must utilize. This standardization aims to simplify the admissions process and safeguard residents by preventing deceptive practices like requiring the signing of non-standard documents at admission. Furthermore, it prohibits the presentation of arbitration agreements as part of the admission paperwork, ensuring that prospective residents are fully informed and can seek legal counsel without coercion.

Summary

Senate Bill 3606 seeks to enhance the protections for residents of long-term care facilities in New Jersey. The bill stipulates that individuals affiliated with these facilities, including owners, administrators, and employees, cannot serve as attorneys-in-fact for residents or individuals undergoing admission. Additionally, the bill mandates that such affiliations cannot financially benefit from these roles, thereby aiming to prevent conflicts of interest that might compromise the welfare of the residents.

Contention

One significant aspect of contention surrounding this bill lies in its implications for residents' autonomy and the role of non-attorneys in providing Medicaid application assistance. The bill includes provisions that only authorize licensed attorneys to give legal advice regarding Medicaid benefits, thus removing the options for residents to seek assistance from non-attorney services that may be financially conflicted. Critics argue that this may limit the choices available to residents and their families, potentially leading to greater hurdles in accessing necessary benefits.