September 16, 2009 - 9:13am
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ALBANO, MILAM, RILEY & WAGNER AIM TO HELP ASSISTED LIVING RESIDENTS

ALBANO, MILAM, RILEY & WAGNER AIM TO HELP ASSISTED LIVING RESIDENTS

(TRENTON) – Assembly members Nelson T. Albano, Matthew W. Milam, Celeste Riley and Connie Wagner are looking to protect assisted living residents from being discharged against their will because they pay with Medicaid.

“It’s appalling – yet also apparently reality - that assisted living facilities would break the trust they have with elderly patients who believed investing what they had left of their life-savings would bring them quality care for years to come,” said Albano (D-Cumberland/Atlantic/Cape May). “We can and must do more to ensure peace of mind for elderly residents who otherwise face the threat of being tossed onto the street destitute.”

Their legislation (AR-198) was crafted after a report issued by Public Advocate Ronald K. Chen alleged an assisted living company with southern New Jersey facilities broke promises to elderly residents by telling them they could pay through Medicaid when their savings were depleted.

Despite that vow, the company allegedly involuntarily discharged elderly residents once they spent their savings.

“Involuntarily shoving out the door a senior citizen who must rely on Medicaid but needs an assisted living facility to maintain their quality of life is a violation of any standard of decency,” said Milam (D-Gloucester/Camden). “We need new strategies and thinking to put a halt to this unspeakable practice, and we need them quickly.”

“The practices uncovered by the Public Advocate are inconceivable and inexcusable,” said Riley (D-Cumberland/Gloucester/Salem). “These assisted living facilities are licensed by the state and must meet specific conditions, so it’s time we used our consumer fraud laws to protect these vulnerable senior citizens and stop this harm, and if those laws aren’t good enough, we need to make them better.”

“This ruthless practice against some of our most vulnerable seniors must be stopped,” said Wagner (D-Bergen). “If the existing laws aren’t good enough, we respectfully ask the state health commissioner and attorney general’s office to recommend what we can do to combat this insidious practice and ensure assisted living facility residents are treated with the respect they deserve.”

The measure requests that the health commissioner and the state consumer affairs division director recommend how the state’s consumer fraud law can be used to more effectively protect assisted living residents.

It also asks them to propose regulations or recommend legislation to effectuate any necessary changes.

 

The resolution was approved 79-0 by the Assembly in June. As a resolution, it expresses the sentiment of the Legislature and doesn’t require gubernatorial approval. It has been filed with the Secretary of State.

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THESTER can be reached via email at thester@njleg.org.

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