Institutional Monitoring Team

Disability Rights New Jersey (DRNJ), as the state-designated protection and advocacy organization for people with disabilities in New Jersey, has access under its federal authority to monitor facilities providing care and treatment to people with disabilities. Due to the COVID-19 outbreak, following federal and state guidance and stay-at-home orders, DRNJ is not currently entering facilities.

While protecting the health of residents of facilities from the exposure to the coronavirus is of the utmost importance, we are very aware that current No-Visitor policies in place at many facilities are very difficult for both the residents and loved-ones who visit regularly. We want to assure you that DRNJ is actively monitoring the situation in psychiatric hospitals, developmental centers, and group homes through regular conference calls with state officials and phone contact with residents, staff, and family members.

If you are a person with a disability in a psychiatric hospital, developmental center, or other facility, or a family member or friend, and you are concerned about abuse, neglect or violations of the rights of a person with a disability or your own rights, please contact us.

You may call our intake line at (800) 922-7233, email us at advocate@drnj.org, or complete the online intake form on our main website. Please be sure to provide as much information as possible, including the name of the person affected; the facility, unit and phone number; your full name and a number or email address at which DRNJ can reach you. 

June 24

In a letter sent June 24, 2020 to Department of Health Commissioner Judith M. Persichilli, Gwen Orlowski, Executive Director of Disability Rights New Jersey asked the Department of Health to extend this policy to people with disabilities residing in state long-term care facilities, more commonly know as nursing homes.

May 12

The New Jersey Department of Health updated its April 25, 2020 guidance for acute care hospitals to allow persons with disabilities to have a support person designated as essential and exempted from hospital “no visitor” policies. Here is an overview of the changes:

To whom does this guidance apply?

Advocacy groups requested that the guidance be broadened to include certain individuals with physical disabilities. The new guidance does not include those individuals, but does expand language in the original guidance, which included “patients…where the disability may be due to altered mental status, intellectual or cognitive disability, communication barriers or behavioral concerns.”  The new guidance adds “cognitive impairment including dementia” and “those patients with a developmental disability as defined in N.J.A.C 10:44A and those with a psychiatric diagnosis receiving services pursuant to N.J.A.C. 10:37E”

Where can the support person physically be with the individual?

The new guidance states that the support person can be with the patient in both the emergency room and during hospitalization, regardless of the reason of the hospitalization. However, the new guidance adds “for patients for whom a support person has been determined to be medically necessary.” This was not a criterion in the original guidance and there is no further information about how that is determined. Access to other areas of the hospital is still limited.

Who qualifies as a support person?

The new guidance still defines a support person as a designated person who can be a family member, personal care assistant, or another disability service provider knowledgeable about the patient’s care. The new guidance clarifies that for prolonged hospitalizations, the patient or family/caregiver can designate two support people but still only one person can be present at a time. The new guidance also discourages individuals age 70 or older from being designated as a support person due to the increased risk of COVID-19 infection.

 
Can the support person leave?

The original guidance stated that a support person was not permitted to leave and re-enter the hospital. DRNJ asked the Department for some clarification about that requirement and the new guidance states that a support person cannot leave and re-enter the hospital without being re-screened.  We read this to allow a support person to leave the hospital, but recognize that hospitals are allowed to encourage support persons to remain, if possible, in the interests of preserving PPE. 

Can hospitals restrict the presence of a support person if they determine they have a shortage of PPE?

Yes. Although DRNJ requested that the guidance be changed to allow support persons to bring their own PPE if the hospital determined a shortage, that language remains the same in the new guidance.

Questions concerning this guidance can be directed to Ms. Jean DeVitto, Executive Director, Certificate of Need and Healthcare Facility Licensure program, at: CNL.InquiryWaiversIssued@doh.nj.gov

April 25

The NJ Department of Heath (DOH) issued the hospital visitation policy for people with disabilities effective April 25, 2020. DOH now considers a designated support person essential to patient care people with disabilities. As a result, hospitals must allow a designated support person to be with the individual during hospitalization.

We encourage family members to print a copy.  

Disability Rights New Jersey collaborated with the Governor's Office, DHS and DOH to advocate for this important policy.

View the NJDOH Hospital Visitation Policy

April 24

As of April 24th, NJ DOH has not yet issued a guidance for visitation, however Oregon Health Authority recently adopted a better hospital visitation policy providing access to:

• Guardians or caregivers of patients who need assistance due to their disability if in person visitation is necessary to:  

  • Facilitate treatment 

  • Ensure the safety of the patient or facility staff 

Friends or family members who must accompany a patient to the emergency department or for a procedure, when no facility staff are available to provide that service.  

April 19