An Act concerning the filing of complaints with the Office of the Ombudsman for the Institutionalized Elderly, and amending P.L.1977, c.239.

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

1. Section 11 of P.L.1977, c.239 (C.52:27G-11) is amended to read as follows:

11. a. Any correspondence or written communication from any patient, resident , or client of a facility to the office shall, if delivered to or received by the facility, be promptly forwarded, unopened, by the facility to the office. Any correspondence or written communication from the office to any patient, resident , or client of a facility shall, if delivered to or received by the facility, be promptly forwarded, unopened, by the facility to such patient, resident, or client.

b. (1) The office shall prepare , and shall distribute to each facility , written notices [which set] setting forth the address and telephone number of the office, a brief explanation of the function of the office, the procedure to [follow] be used in filing a complaint , and other pertinent information.

(2) The administrator of each facility shall ensure that a copy of such written notice is [given] provided to every existing patient, resident , or client of the facility, or [his] the guardian thereof, as soon as is practical following the facility's receipt of such notice from the office, and that a copy of such notice is provided to every new patient, resident, or client of the facility, or the guardian thereof, upon such person's admission to the facility [and to every person already in residence or his guardian].

(3) The administrator of each facility shall also post such written notice in a conspicuous [,] and public place in the facility , in the number and manner set forth in the guidelines adopted by the office.

c. (1) The office shall prepare, and shall distribute to each facility, large informational posters that:

(a) identify, in large, bold-faced type, the toll-free telephone number established under subsection e. of this section, which can be used to file complaints with the office;

(b) identify, in large, bold-faced type, the hours of day during which the toll-free telephone line will remain in operation; and

(c) include the following statements, which shall be written in a clear and concise manner, and in a type face and font size that is designed to enhance readability for elderly persons with impaired
vision: (i) a statement indicating the function of the office; (ii) a statement indicating that a patient, resident, or client, or a guardian, family member, or friend thereof, may submit a complaint of elder abuse or a complaint regarding the quality of care received by the patient, resident, or client by calling the toll-free phone number indicated on the poster; (iii) a statement indicating that complaints filed with the office will be treated confidentially; and (iv) a statement indicating that a person should call 911 if the person believes that a patient, resident, or client is in any immediate danger.

(2) The administrator of each facility shall ensure that at least one informational poster distributed by the office is displayed in the facility, in a conspicuous and public place that is easily accessible to the facility's patients, residents, and clients.

[c.] d. The office shall distribute educational materials and host group meetings that are designed to inform patients, residents [or] , and clients of facilities in the State, [their] and the guardians or [their families] family members thereof, of [their] the rights and entitlements [under] that are available to such patients, residents, and clients pursuant to State and Federal [laws] law and [rules and regulations by means of the distribution of educational materials and group meetings] regulation.

[d.] e. The office shall facilitate the filing of complaints with the office concerning matters within [the] its authority [of the office]. The measures taken in connection [therewith] with this subsection shall include, but need not be limited to, the maintenance of a toll-free telephone [,] line for the filing of complaints. Such toll-free telephone line shall be maintained either by the office or in conjunction with the Division [on] of Aging Services in the Department of Human Services, and shall remain open for the filing of complaints at least during the office's regular [working] business hours [of the office for the filing of complaints].

(cf: P.L.1977, c.239, s.11)

2. This act shall take effect on the first day of the third month following the date of enactment, except that the Office of the Ombudsman for the Institutional Elderly may take any anticipatory administrative action in advance thereof as may be necessary for the implementation of this act.

STATEMENT

This bill would require the Office of the Ombudsman for the Institutionalized Elderly to prepare, and distribute to each nursing home or other facility for the institutionalized elderly, large informational posters that provide a clear and concise description of the office's phone-based complaint procedure. The bill would further require the administrator of each nursing home or other facility for the institutionalized elderly in the State to ensure that at least one of these informational posters is displayed in the facility, in a conspicuous and public place that is easily accessible to the facility's patients, residents, and clients.

The bill would require the informational posters to:

(a) identify, in large, bold-faced type, the toll-free telephone number that can be used to file complaints with the office;

(b) identify, in large, bold-faced type, the hours of day during which the toll-free telephone line will remain in operation; and

(c) include the following statements, which must be written in a clear and concise manner, and in a type face and font size that is designed to enhance readability for elderly persons with impaired vision: (i) a statement indicating the function of the office; (ii) a statement indicating that a patient, resident, or client, or a guardian, family member, or friend thereof, may submit a complaint of elder abuse or a complaint regarding the quality of care received by the patient, resident, or client by calling the toll-free phone number indicated on the poster; (iii) a statement indicating that complaints filed with the office will be treated confidentially; and (iv) a statement indicating that a person should call 911 if the person believes that a patient, resident, or client is in any immediate danger.

The bill would also make technical and clarifying corrections to the section of law that is being amended by the bill.