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New Jersey Long-Term Care Ombudsman

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For Immediate Release:
April 11, 2025
For Information Contact:
Andy Williams
609-690-0834
andy.williams@ltco.nj.gov

Statement by the NJ Office of the Long-term Care Ombudsman regarding efforts to invalidate minimum staffing ratios for New Jersey nursing homes

The issue: A hearing was held today — Friday, April 11 — in Superior Court, Trenton, related to a lawsuit filed by The Health Care Association of New Jersey and six individual nursing homes against the state Department of Health and Commissioner Kaitlan Baston. The lawsuit seeks to invalidate New Jersey’s minimum staffing ratios, which require—

  • One certified nursing assistant (CNA) to every eight residents during the day shift.
  • One direct care staff member to every 10 residents for the evening shift.
  • One direct care staff member to every 14 residents on the night shift.

Laurie Facciarossa Brewer, New Jersey’s Long-Term Care Ombudsman:
“These are not onerous standards — they are a bare minimum. The fact that nursing homes would sue to avoid meeting the bare minimum demonstrates that far too many of them value profits over the people in their care. Industry apologists will claim hardship and a shortage of workers, but these nursing homes could recruit and retain the workers they need if they paid what the jobs are worth and staffed appropriately to ease the burden on each worker.”

Quotes from nursing home residents

Ray DiFrancesco, resident of a nursing home in Middlesex County:
"The pain that we all go through now with these minimum staffing requirements in place is already horrible. The idea that there would be no concrete standards is just unconscionable."

Helen Tucci, resident of a nursing home in Hudson County:
"The aides have so much on their plate that when you ask for something, they are just overwhelmed and can't respond when you need them. Why would you want to make it even worse by eliminating staffing standards? If the nursing home were to be even more understaffed, it would be a nightmare. The people that are working are going to be burnt out, and many things are going to be neglected. It really could cost somebody their life."
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Last Updated: Friday, 04/11/25