ASSEMBLY APPROPRIATIONS COMMITTEE
STATEMENT TO
[Second Reprint]
ASSEMBLY, No. 1888
with committee amendments
STATE OF NEW JERSEY
DATED: January 8, 2026
The Assembly Appropriations Committee reports favorably and with committee amendments Assembly Bill No. 1888 (2R).
The determination as to whether to appoint an individual affiliated with a long-term care facility or long-term acute hospital as guardian of a principal is required to be made by the Superior Court in consultation with the Office of the Public Guardian for Elderly Adults. Under the bill, a power of attorney instrument executed by a principal naming an enumerated person is deemed invalid.
The bill provides that a principal who sustains injury to person or property as a result of a violation of the provisions regarding the principal’s attorney-in-fact and guardian are to have a cause of action against any person who committed the violation resulting in injury. The action may be brought in any court of competent jurisdiction to enforce the provisions and to recover: 1) actual, compensatory, and punitive damages, and other injunctive and equitable relief as the court determines to be appropriate; 2) treble damages upon proof of willful, malicious, or reckless disregard of the law; and 3) reasonable attorney's fees and other litigation costs reasonably incurred by the principal.
The bill requires the Department of Health to develop a standard resident admission contract. The bill requires the department to develop unique standard resident admission agreement forms for use by each type of long-term care facility, when appropriate. Long-term care facilities are required to use the applicable admission contract developed by the department beginning on the first day next following the sixth month of the date of enactment. The bill provides the manner in which a long-term care facility can require a resident or the resident’s representative to sign certain documentation at the time of, or as a condition of, admission into care.
The bill requires an operator of a long-term facility to provide each resident, or a resident’s representative, notice that they may use an attorney to apply for Medicaid long-term care benefits at the time of admission. Further, the notice is required to be posted conspicuously in the nursing home or health care facility.
The bill requires each operator of a long term care facility subject to 42 CFR §483.70 to provide each resident, or a resident’s representative, notice that the facility is subject to federal regulations which prohibit it from requiring any resident or his or her representative to sign an agreement for binding arbitration as a condition of admission to, or as a requirement to continue to receive care at, the facility.
Finally, the bill requires the Commissioner of Human Services to promulgate rules establishing uniform standards of care for non-attorney individuals providing Medicaid application assistance, including, but not limited to: (1) defining who is permitted to act as a Medicaid application assistor before Medicaid agencies and the Office of Administrative Law; (2) outlining the scope and nature of the services that non-attorney Medicaid application assistors are authorized to provide; and (3) requiring Medicaid application assistors to complete training on: Medicaid program rules; handling confidential financial and medical information; conflicts of interest; and what constitutes the unauthorized practice of law.
As amended and reported by the committee, Assembly Bill No. 1888 (2R) is identical to Senate Bill No. 1962 (2R), which was also amended and reported by the committee on this date.
COMMITTEE AMENDMENTS:
The committee amendments exclude long-term acute care hospitals from the bill’s definition of a long-term care facility while still applying certain provisions of the bill to long-term acute care hospitals.
The committee amendments clarify the scope of the bill to apply to the financial affairs.
The committee amendments require the Department of Health (DOH), in developing the standard resident admission agreement form, to solicit input from interested stakeholder groups.
The bill clarifies the manner in which a long-term care facility can require a resident or the resident’s representative to sign certain documentation at the time of, or as a condition of, admission into care.
The committee amendments remove a provision concerning arbitration agreements and instead provide that certain long-term care facilities are to provide a notice to each resident, or a resident’s representative, that the facility is subject to federal regulations which prohibit it from requiring any resident or his or her representative to sign an agreement for binding arbitration as a condition of admission to, or as a requirement to continue to receive care at, the facility.
The committee amendments revise the requirements for the notice each operator of a long-term care facility will provide each resident and the resident’s representative concerning the hiring of an attorney for assistance with applying for medical assistance long-term care benefits.
The committee amendments revise the synopsis of the bill to reflect these changes.
The committee amendments make technical changes concerning grammar.
FISCAL IMPACT:
Fiscal information for this bill is currently unavailable.