Federal officials are awaiting a judge’s signature on a consent decree calling for an independent monitor to force regulatory compliance at two, state-run, veterans’ homes in New Jersey that officials allege have not fixed any of the long-standing issues that threaten residents’ well-being.
US Attorney General Merrick Garland filed a civil complaint in the US District Court for New Jersey last month against the New Jersey Veterans Memorial Homes at Menlo Park and Paramus. The facilities emerged from a federal investigation last year with a lengthy list of operational deficiencies, including infection control problems and poor clinical care.
“Unless restrained by this Court, Defendant will continue to engage in the acts and omissions … that deprive Veterans Homes residents of rights, privileges or immunities secured or protected by the Constitution of the United States,” Garland wrote in the complaint filed Sept. 13.
it stated that all of the problems identified throughout the federal investigation that began Oct. 27, 2020, still exist. On Sept. 27, 2023, federal officials issued notice under the Civil Rights of Institutionalized Persons Act (CIPRA) alleging that the lack of infection control and inadequate care violated residents’ rights. Although the state disputed those conclusions, the proposed consent decree noted the state’s cooperation so as to resolve the matter without litigation.
If approved, the consent decree calls for The Hibiscus Group to serve as the independent monitor to ensure compliance with an overhaul of infection control protocols, emergency operations procedures, and improve leadership and accountability. The decree also calls for the facility to meet specific standards of care for the more than 150 residents living there.
The two veterans homes landed in the national spotlight after reports of significant numbers of deaths early in the pandemic led to calls for oversight and investigations. Officials discovered that approximately 200 residents died as a result of lax infection control and medical care, according to a 2023 federal report, which also noted deaths may have been underreported. The investigation uncovered lapses in testing, contact tracing, monitoring, hygiene and disinfection practices in addition to failure in providing proper wound care and lapses in monitoring residents for acute condition changes as well as preventing falls.
In January 2022, the families of 119 residents of the facilities entered into a settlement under which each family would receive, on average, $455,000. The total settlement was $53 million, and the state was responsible for paying 60% within 90 days.
In a statement, Gov. Phil Murphy (D) said he welcomed the consent decree, which can be terminated if the state remains in compliance for at least one year.
“We’re committed to making sure our veterans have the best possible care and quality of life at all three of our Veterans Homes,” Murphy said. “With this consent decree, we can resolve past differences with the Department of Justice and focus our efforts on providing the best possible care to our Veterans Homes residents.”
