This bill aims to enhance protections for residents of long-term care facilities and long-term acute care hospitals in New Jersey. It prohibits owners, administrators, directors, officers, or employees of these facilities, as well as any affiliated individuals or entities, from acting as attorneys-in-fact for residents, defined as principals. Any power of attorney executed by a principal that names such individuals will be deemed invalid. The bill also stipulates that the appointment of a guardian for a principal must be determined by the Superior Court in consultation with the Office of the Public Guardian for Elderly Adults. Additionally, it allows principals who suffer injury due to violations of these provisions to pursue legal action for damages.
Furthermore, the bill mandates the Department of Health to create standard resident admission agreement forms for long-term care facilities, which must be used for new admissions starting six months after the bill's enactment. It requires facilities to inform residents and their representatives about their right to hire an attorney for Medicaid application assistance and to provide notices regarding federal regulations that prevent binding arbitration agreements as a condition of admission. The Commissioner of Human Services is tasked with establishing uniform standards for non-attorney Medicaid application assistance providers, ensuring they are trained and aware of their limitations in providing legal advice.