Although nearly nonexistent in New Jersey’s legal landscape for quite some time, nursing home litigation has grown exponentially in the last decade. By both statute and regulation, New Jersey has maintained a core set of standards by which nursing homes must operate and the rubric in which they are litigated. Playing no small role in this arena are the Federal regulations derived from the Omnibus Budget Reconciliation Act of 1987, commonly known as OBRA. Though litigators may squabble over the particularities these Federal rules, the centrality of their importance is universally accepted. Infractions can lead to citations, fines and in more extreme cases — closure of facilities.
To appreciate the relevance of OBRA, an examination of New Jersey’s nursing home statute, N.J.S.A. 30:13-1 et seq., is essential. Although case law interpreting its implementation is sparse, many of its aspects are quite clear. In this regard, the analysis begins with N.J.S.A. 30:13-3, “Responsibilities of Nursing Home:” Every nursing home shall have the responsibility for ensuring compliance with all applicable State and Federal statues, rules and regulations.”
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