ASSEMBLY, No. 4480

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED NOVEMBER 25, 2013

 


 

Sponsored by:

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Requires Commissioner of Health to examine certain records of nursing home residents’ personal funds, and provides that misappropriation of funds is grounds for cause of action.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning misappropriation of nursing home residents’ personal funds and supplementing Title 30 of the Revised Statutes.

 

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

 

     1.    The Commissioner of Health shall access and examine a minimum of ten percent of the records and quarterly statements maintained by a nursing home pursuant to subsection a. of section 3 of P.L.1976, c.120 (C.30:13-3) each year.  In conducting an examination, all due care shall be exercised to preserve the confidentiality of the records and the privacy of the resident.  Any evidence of misappropriation of funds shall be grounds for a cause of action pursuant to section 8 of P.L.1976, c.120 (C.30:13-8) against a person found to have committed a misappropriation, the nursing home, or both.    

    

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that the Commissioner of Health shall access and examine a minimum of ten percent of the records and quarterly statements maintained by a nursing home pursuant to subsection a. of section 3 of P.L.1976, c.120 (C.30:13-3) each year.  In conducting an examination, all due care shall be exercised to preserve the confidentiality of the records and the privacy of the resident. 

     The bill also provides that any evidence of misappropriation of funds shall be grounds for a cause of action pursuant to section 8 of P.L.1976, c.120 (C.30:13-8) against a person found to have committed a misappropriation, the nursing home, or both.   

     This bill responds to media reports of recent allegations of misappropriation of nursing home residents’ personal funds by employees of the nursing homes, including 28 instances in New Jersey.