Healthcare Compliance Perspective:
This new statute applies to New Jersey only; however, it is indicative of an increasingly polarized public sentiment in which citizens either strongly trust or strongly distrust long-term care facilities.
Peggy’s Law (S-1219) is named after Peggy Marzolla, a 93-year-old Brick Township woman who died in 2010 after a fall that was suspiciously blamed on powder on the floor of her room-at least that was what her daughter was told by staff at the assisted living facility. The massive injuries to the woman, however, were not consistent with a fall and were so severe that the woman’s daughter began her quest to have a law enacted that would better protect senior citizens living in assisted living facilities from abuse.
The law goes into effect this fall and stiffens up protection for the elderly in situations where there is reason to suspect that abuse or exploitation is taking place. It requires caregivers, doctors, social workers or any staff member in a care facility to report any instances of suspected abuse to local law enforcement. It also dictates that these incidents should be reported to the Ombudsman of the Institutionalized Elderly within specific time periods based on the kind of abuse involved.
The law obligates the ombudsman’s office to establish a staffed, 24-hour hotline for the purpose of providing prompt response to complaint calls. Additionally, penalties have been expanded to facility employees who can now be charged $2,500 on an individual basis if they do not report an incident. The current law increases the amount a facility can be fined for a violation from $500 to $5,000.
