ORANJ - Action Archive

Action - 2007

The following June 11 report is old news - see ACTION for an account of the October 22 Signing Ceremony and Celebration.

Seniors’ Right Bill, S425/A3989 Passes Hurdles,
Needs only Governor’s Signature

On Monday, June 11, the full Assembly passed the bill A 3989, bringing the long campaign of ORANJ to within a whisker of victory. ORANJ is the organization representing over 10,000 seniors residing in Continuing Care Retirement Communities in NJ. Already in 2002 ORANJ highlighted in its mission statement its effort “To Establish and Safeguard Resident Rights and Responsibilities” by pursuing legislation towards that end. We are now awaiting the Governor’s signature to create the new law.

The identical bills, S 425 and A 3989, that have now passed both the full body of the NJ Senate and Assembly, contain the following major provisions

· Residents’ right to free self-organization,

· Quarterly meetings between Board of Directors (or their designated representative who shall not be the CEO or staff member of the CCRC) and residents (or their elected representatives) to discuss subjects that may include income, expenditures and financial matters as they apply to the facility and proposed changes in policies, programs and services.

· Inclusion by the Board of Trustees or other local governing body of the facility of at least one resident as a full voting member of that body. Resident members shall be nominated by the elected representatives of residents and selected by the Board of Trustees or other local governing body.

· Consultation and discussion by the Board with representatives of residents of any proposed action that might significantly affect the well being of the residents or the financial stability of the facility BEFORE taking any such action.

To achieve its mission ORANJ and particularly its legislative committee worked with Senators Karcher and Singer to draft and support passage of legislation. Since then, other legislators, including Senator Vitale and Assemblymen Panter, Dancer and Conaway have provided invaluable support. Senator Singer in a message to a plenary session of ORANJ invoked the enormous potential for public pressure from well educated, senior citizens who are well informed, loyal voters.

Throughout the long process of bringing the bill through the legislative machinery, residents of NJ’s CCRCs responded to the carefully crafted calls for action by its special legislative committee members: Gary Baldwin of Seabrook Village in Tinton Falls, President of ORANJ, Charles Germany of Winchester Gardens in Maplewood, former President of ORANJ, Wink Livengood of Fellowship Village in Basking Ridge, Vice President of ORANJ for the Northeast Region, and herself a resident trustee at Fellowship Village, and Dave Hibberson of Harrogate in Lakewood, Chairman of the ORANJ Legislative Committee. Residents wrote innumerable letters to appropriate legislators and even traveled to Trenton repeatedly to demonstrate support when the bills were being debated in committees and when passed by the Senate and Assembly.

This year, finally, the bills won by large majorities at each step even though ORANJ lacked the professional paid lobbying arm of the opposition. The only dramatics were the applause of residents that greeted the series of victories as the bills marched through the legislature. Achieving passage of the bills has been a long and sometimes disheartening three year effort. In 2006, the bill cleared the NJ Assembly Committee but did not make it through the Senate Committee.

These bills mandate the inclusion of residents on Boards of Trustees of CCRCs in New Jersey, which has enormous importance because fewer than half the Boards of Trustees of CCRCs in New Jersey have voluntarily invited resident participation. With passage of the bills, New Jersey will take its place alongside five other states that already mandate resident participation on Boards of Trustees in all Continuous Care Retirement Communities. These bills will insure that, as Senator Karcher D-Monmouth and Mercer Counties and Vice Chair of the Health Panel of the Senate, said, “Seniors’ rights to representative government do not end at the retirement home door.”

Passage of the legislation will initiate another important task for the Organization of Residents Associations of New Jersey. ORANJ is planning a crucial educational program for its resident members to demonstrate what it means to serve as a responsible member of the Boards of Trustees and not as a resident representative. Residents will have to learn that responsibilities of the resident member(s) will be identical to those of other members of the Board of Trustees. This means that the resident trustees will not be allowed to bring resident gripes to the Board since these are generally the responsibility of management and resident committees. Resident Trustees will need to become familiar with the functions of a Board of Trustees so that they will find effective ways to bring the resident point of view to trustee discussions.

This is not the first time that ORANJ successfully brought pressure to bear for a cause that had great import to its members. In early 2005 ORANJ directed a campaign to exempt CCRCs from the “bed tax.” Residents of NJ CCRCs are looking forward to showing their gratitude to legislators by supporting their friends in future elections and by supporting initiatives that legislators may foster that align with the values and objectives of our ORANJ membership.

2006

ORANJ, the organization that represents the interests of residents of Continuous Care Retirement Communities in New Jersey seeks changes in NJ state laws pertaining to CCRCs to give residents a real voice in governance of their communities.

Current Legislation: A1148, S425

A1148 in .html format (best for viewing)
A1148 in .pdf format (best for printing)

Two identical 2006 bills that take top priority, number S425 in the NJ Senate, and A1148 in the Assembly, seek the following mandates:

1. that Boards of Trustees, the usual governing structures of CCRCs, include at least one resident as a full voting member of the Board,
2. that Boards must consult with residents (or their representatives) BEFORE taking any action that will significantly affect the well being or financial stability of the facility, and
3. that when the Board meets with residents to discuss issues it must be represented not solely by the CEO, who often is both the manager of the facility and a member of the Board.

These changes are important not only for seniors who are current residents of CCRCs but also for the rest of us whose parents or grandparents are current or anticipated residents. Legislators need to listen to this important constituency because residents of CCRCs are generally well educated, and healthy seniors who are conscientious voters and will support those who help pass these important bills in Trenton this year.

Today’s residents bear little resemblance to the “poor old folks” who were cared for in “old people’s homes,” which were the ancestors to modern CCRCs. The “poor old folks” generally entered such homes as a last resort and they were grateful for being looked after at little or no cost. Residents of CCRCs now enter communities voluntarily to take part in a comfortable retirement lifestyle and pay significant fees to receive high quality service. Whereas the “old people’s homes” were generally supported by external sources, such as religious philanthropy or government subsidy, the modern CCRC is financed by resident fees. Therefore, as major stakeholders in their CCRCs, the residents seek the inclusion of one or more of their number as full members of the governing boards of their communities

Senate Resolution 27

May 11, 2006 Testimony by Charles Germany, immediate past president of ORANJ, to Assemblywoman Pou’s committee on Assembly Bill A-3018, (now A-1148)

I come on behalf of the Organization of Residents Associations of New Jersey (ORANJ) to testify in support of Senate Resolution 27, urging the reactivation of and making appointments to the Continuing Care Advisory Council. The Organization of Residents Associations represents some 9,900 senior citizens living in 23 of the 25 Continuing Care Retirement Communities (CCRCs) certified by the state of New Jersey and fully open for occupancy. I am a resident of one of the CCRCs.

Let me point to a few key reasons why we believe the Continuing Care Advisory Council should be reactivated:

First, growth and change in the CCRC world in New Jersey. When Public Law 1986 was enacted only a few assisted living and nursing homes had transitioned into full CCRCs, adding the level of independent living to the traditional levels of assisted living and long term care. Today, as mentioned, 25 CCRCs are certified and operating, and others are under construction. Within the CCRCs, occupancy has shifted dramatically to independent living. Of the 9,900 seniors of our organization, over 7,300 are in independent living, presenting a range of new issues stemming from the presence of active, self-determining individuals.

Second, growth and development of services targeting CCRCs. Dramatic growth and change is taking place not only within the CCRCs, but also in the service world around the CCRCs and vital to their program and operations, such as Technological Services, Food service enterprises, and Personnel Services.:

Third, growth and change in the world of insurance and liability. Liability costs are burgeoning. Companies in the state of Florida no longer write liability policies for CCRCs. My Long Term Care agent told me recently, “Get your kids into Long Term Care policies now, because underwriting companies are dropping out.” Why? “Because they don’t know how to figure the actuaries, as new medicines are extending life and the baby boomers are nearing retirement.”

Fourth, growth and change in the world of finance and marketing.

The list could go on, but surely the time has come for reactivating the Advisory Council and for its membership to be appointed. Thank you, Mr. Chairperson, for this opportunity to testify

Charles H. Germany, Immediate Past President, ORANJ
Winifred Livengood, Vice President
David Hibberson, Vice President

April 7, 2006 Meeting with Senator Ellen Karcher, District 12, Freehold, NJ.

ORANJ Legislative Action and Advocacy Committee members met with Senator Karcher to encourage her support of the new Senate Bill S425, requiring inclusion of a resident as a member of a CCRC's governing body and the inclusion of residents in discussions of critical matters to be decided by the governing body. ORANJ has interest in re-activating the Continuing Care Advisory Council, a 17-member council to advise and provide information to the Commissioner of Community Affairs on matters concerning CCRCs, and seeks the senator's support on this legislation. Senator Karcher was also encouraged to again support the re-introduced Senate Bill S420, Veteran's Property Tax Deduction, for residents in CCRCs.

ORANJ Extends Appreciation to State Publications. ORANJ is grateful for the recent publication of an article prepared by ORANJ to draw attention to the mission and purpose of ORANJ and the efforts ORANJ is making to influence legislative policies being developed in Trenton. Our thanks to The Asbury Park Press, The Hub, The Times of Trenton and The Two River Times for publishing our article entitled "Who Will Listen To Us?"