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New Jersey Enacts Legislation to Protect Long Term Care Residents

Edwards Wildman Palmer LLP - Boston Office

October 24, 2013

Previously published on October 23, 2013

On October 17, 2013, Gov. Chris Christie signed a bill protecting the rights of elderly residents in continuing care retirement communities. Some of the protections established under the law include:

  • each prospective long term care resident is entitled to receive a copy of a disclosure statement from the facility, as well as an explanation of the rights and responsibilities of a resident prior to executing a continuing care agreement;
  • within 30 days after signing a continuing care agreement, the resident may cancel the agreement and receive a full refund (except for the application fee);
  • each resident is entitled to 30-days advance written notice prior to the increase of any fees;
  • a resident may refuse treatment and make life support decisions; and
  • a resident may choose any outside physician as his or her primary care physician.

Significantly, the legislation also sets forth specific criteria for determining whether a resident can function independently and provides that such determinations can be made only by the community’s medical director.

The law went into effect immediately.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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