ASSEMBLY PANEL APPROVES QUIJANO, VAINIERI HUTTLE BILL PROTECTING ELDERLY & DISABLED IN ASSISTED LIVING FACILITIES
TRENTON) – An Assembly panel has approved legislation sponsored by Assemblywomen Annette Quijano and Valerie Vainieri Huttle that would protect some of the state’s most vulnerable residents from having their rights abused by assisted living facilities and personal care homes.
The measure (A-3732) would strengthen protections for these patients by codifying into law the more than 40 rights designed to protect a patient’s safety, well-being and privacy; and requiring each facility to provide patients with a copy of these rights.
“Assisted living facilities care for some of our most vulnerable residents, many of whom are in the twilight of their life,” said Quijano (D-Union). “It’s morally incumbent upon us to ensure that they are taken care of with a measure of dignity and respect. Hopefully this measure will help people sleep easier at night, knowing their loved one is being cared for in a dignified manner.”
The legislation was born out of a 2009 report by the state Public Advocate, which found that Assisted Living Concepts was violating its Certificate of Need (the license obtained by the state) by attempting to kick out patients when they ran out of money and became Medicaid-eligible.
“When you have a loved one, particularly a mother or father, who is being cared for by a licensed facility, you hope and pray that they are in the best of hands,” said Vainieri Huttle (D-Bergen). “But this shouldn’t be left to chance. We need to put the weight of law behind it to make sure they are receiving the best treatment in a fair manner.”
The bill would require assisted living facilities and comprehensive personal care homes to distribute the statement of resident rights to each resident, and post it in a conspicuous, public place in the facility or home.
In addition, the bill requires providers to inform each resident, the resident’s family member, and the resident’s legally appointed guardian, if applicable, of the resident’s rights, provide explanations if needed, and ensure that each resident, or the resident’s legally appointed guardian, as applicable, signs a copy of the statement of rights.
The measure also builds upon a law (A-3405) passed in January, and sponsored by Vainieri Huttle, that ensures that Medicaid-eligible residents of a state-licensed assisted living residence or comprehensive personal care home, which has promised not to discharge residents who become Medicaid-eligible, are able to reside in another such facility if the former facility opts to surrender its license after making that promise.
The bill, which was reported out of the Assembly Health and Senior Services Committee, would take effect on the 30th day after enactment.
BENSON, MORIARTY CONSUMER PROTECTION MEASURE ADVANCES IN ASSEMBLY
Bill Would Help Prevent Consumers from Getting Roped Into Endless Contracts
(TRENTON) – A consumer protection measure sponsored by Assemblymen Dan Benson and Paul Moriarty has been approved by an Assembly panel, moving New Jersey one step closer to requiring notification to customers when a contract is about to be automatically renewed.
“So many highly-used services out there today include automatic renewal clauses in their contracts,” said Benson (D-Mercer/Middlesex). “In an era of paperless billing and automatic charges to credit cards or bank accounts, consumers often get perpetually roped into extended and costly contracts. By requiring these terms to be clearly displayed and advance notice before renewal, this bill will give consumers the opportunity to make more informed choices for themselves.”
This bill (A-3770) would require businesses that sell or lease any type of service under a contract to clearly inform a consumer if there is an automatic renewal provision tied to the contract and notify the consumer when the automatic renewal provision is about to be activated.
“Sometimes contracts are entered into a year, or even two years, before the automatic renewal clause kicks in,” said Moriarty. “This bill will protect consumers by ensuring that they have the opportunity to cancel any unwanted service prior to renewal of an additional term.”
Specifically, any business or individual that sells or leases (or offers to sell or lease) any service to a consumer that is tied to a contract with an automatic renewal provision must disclose the automatic renewal provision clearly and conspicuously in the contract or contract offer. This provision would apply to contracts offered for a specified period of more than one month, unless the consumer cancels that contract.
The bill also stipulates that when the service contract is for twelve months or longer, and the renewal is for a period of one month or longer, the seller must provide either written or electronic notification to the consumer not less than 30 days nor more than 60 days prior to the cancellation deadline provided in the contract.
In addition, the bill states that this notification to the consumer must disclose that unless the consumer cancels the contract, the contract will automatically renew, and indicate methods by which the consumer may obtain details of the automatic renewal provision and cancellation procedure, whether by contacting the seller at a specified telephone number or address, by referring to the contract, or by any other method.
The bill also stipulates that if an error occurs on the part of the seller, causing them to fail to comply with the provisions of this bill, the unearned portion of the contract subject to the automatic renewal provision shall be refunded to the consumer as of the date on which the seller is notified of the error.
This act would take effect on January 1, 2011, and would apply to service contracts entered into on or after that date.
ASSEMBLY DEMOCRATIC BILLS TO CUT RED TAPE IMPAIRING N.J. BUSINESSES NOW LAW; ADDITIONAL BILLS SET FOR THURSDAY & MONDAY ACTION
Burzichelli, Caputo, Quijano, Giblin, Albano, Milam, & Moriarty Laws Help Create Jobs & Economic Development.
(TRENTON) – Two bills Assembly Democrats sponsored to spark economic development by revising burdensome rules and regulations that impair New Jersey’s business climate are now law, with yet another set for a Thursday hearing and another up for a Monday Assembly vote.
The bills were spearheaded by Assemblyman John Burzichelli, chairman of the Assembly Regulatory Oversight and Gaming Committee that was created to streamline burdensome business regulations.
"New Jerseyans have been waiting for too long for us to find ways to reduce the mountains of regulation affecting their daily lives, while still honoring our responsibility to protect the environment and citizens,” said Burzichelli (D-Gloucester/Cumberland/Salem). “We’ve already taken steps to ease burdensome regulations, and these new laws bring about even more reform for the betterment of our state.”
The laws:
· Establish new procedures in the Administrative Procedure Act to allow substantial changes to agency rule-making upon adoption (A-2720). It’s sponsored by Burzichelli, Ralph Caputo and Annette Quijano.
· Streamline the process by which the state issues economic development permits (A-2853). It’s sponsored by Burzichelli, Matthew W. Milam, Nelson T. Albano, Paul Moriarty and Thomas P. Giblin.
“These reforms will go a long way toward less bureaucracy and more productivity for our businesses, boosting our economy and creating jobs,” said Quijano (D-Union).
“Streamlining these regulations is a key step toward creating jobs and a better business environment for our state,” said Caputo (D-Essex).
“We should not be standing in the way of economic development and job creation,” said Milam (D-Atlantic/Cape May/Cumberland). “The last thing we should do to a business looking to expand is put roadblocks in front of it.”
“Promoting economic development and job creation is a top priority,” said Albano (D-Atlantic/Cape May/Cumberland). “Businesses have told us repeatedly that our system is a burden to achieving those goals, so change is needed and that’s just what this bill would accomplish.”
“A thriving business environment clear of unnecessary red tape is also good news for New Jersey’s working class residents,” said Moriarty (D-Gloucester/Camden). “Good jobs go hand-in-hand with a strong business environment.”
“Job-creating New Jersey businesses and our hard-working residents are the ones who will benefit most from this initiative,” said Giblin (D-Essex/Passaic). “This change will bring us a modern system that will help position our economy to thrive and compete in the years ahead.”
"Businesses devoted to economic development and creating jobs that benefit this state shouldn’t have to run through an obstacle course to get the permits they need,” Burzichelli said. “It makes no sense to obstruct economic development, so we need a streamlined system that makes creating jobs as easy as possible.”
The Senate State Government, Wagering, Tourism and Historic Preservation Committee, meanwhile, is scheduled on Thursday to consider an Assembly-approved bill to:
· Modify the process for contested case hearings by the Office of Administrative Law with regard to telephone and video conferences, delegation of final decision authority, oral decisions, checklist decisions, electronic filings and settlements. It’s sponsored by Burzichelli, Quijano and Caputo.
The Assembly on Monday is scheduled to vote on a bill (A-2486) sponsored by Burzichelli that would prohibit adoption of new rules exceeding federal standards unless specifically authorized by state law or necessary to protect public health, safety, or welfare.
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