#249 09/25/08
LEGISLATION TO PROTECT SENIOR COMMUNITIES GETS BACKING
TOMS RIVER - Ocean County Surrogate Judge Jeffrey W. Moran announced today that he has received the support of the
Constitutional Officers Association of New Jersey, Surrogate Section, in backing two Bills sponsored by the 9th and 10th
Legislative Districts. The proposed legislation is designed to protect the senior communities throughout the State of New
Jersey
The Association is comprised of all 21 County Surrogates that meet periodically to discuss ways to better serve their
constituencies.
S-1973, introduced by state Senators Andrew Ciesla and Christopher J. Connors, 10th and 9th District respectively,
requires home health agencies and health care service firms to place “certified homemaker home health aides” in an
individual’s home when home base services are requested of that agency.
The legislation was spurred by thefts and other abuses performed at the hands of unlicensed aides placed in the homes of
senior citizens by home health care agencies, Moran said.
Many times these aides are called “companions” instead of “home health aides.”
According to Moran, currently, the law does not require that companions undergo
the same basic background checks as other licensed workers such as criminal and credit checks. Under this bill, all
personnel placed in a senior citizen’s home will be thoroughly investigated.
Moran noted, “when a family member seeks assistance for an elderly relative through a duly licensed home health agency
they have a right to expect certain basic precautions are taken to protect the safety of their loved one.”
S-1974, also introduced by Ciesla and Connors will restrict gifting from a patient to the home health aide placed
in their home by an agency. The Bill seeks to address civil and criminal enforcement problems authorities face when
elderly patients are financially abused by agency workers.
In many instances the patient may have a failing memory and cannot rebut the assertion by the worker that they were given
a gift. This bill will create a presumption against intentional gifting.
“In one case, a new companion placed in a home by an agency was the recipient of approximately $150,000 of the patient’s
money. At the time the checks were drawn, the companion had worked in the home on only four occasions. Shortly after a
referral to the Ocean County Board of Social Services and appropriate application to the Court, the client was deemed
legally incapacitated due to dementia, and was appointed a legal guardian. The guardian and subsequent law enforcement
agencies investigating the matter were faced with the assertion that these transfers were gifts. I believe the
legislation will address this problem and protect our seniors in the future,” said Moran.
He thanked the Legislators from the 9th and 10th Legislative Districts for their support of this legislation.
