NEW JERSEY, NJ – The United States Department of Justice (DOJ) has determined that New Jersey has consistently violated the Fourteenth Amendment rights of residents in two state-run veterans nursing facilities. This conclusion was reached following an investigation into the Veterans Memorial Homes at Menlo Park and Paramus.
The investigation was initiated in October 2020 under the Civil Rights of Institutionalized Persons Act. It found that these facilities were inadequately prepared for the COVID-19 pandemic, resulting in high death rates among residents. Systemic failures in implementing clinical care policies, poor staff communication, and lack of staff training were identified as contributing factors.
“The current risks to residents extend beyond infection control. The Veterans Homes provide deficient basic medical care in several areas, including failures to monitor residents for acute changes in condition, to create care plans that adequately guide clinical care, to prevent falls, to administer medications properly, and to treat pressure injuries and wounds adequately. These ongoing and serious failures harm residents and place residents at risk of serious harm. Though the State reports recent efforts at reform in certain areas, discussed further in Section IV.D, these measures are insufficient to result in the fundamental changes necessary to keep the Veterans Homes’ residents safe,” the Department of Justice reported.
The situation improved only when the U.S. Department of Veterans Affairs intervened in late April 2020, implementing basic infection control protocols. However, the state agency responsible, the New Jersey Department of Military and Veterans Affairs (DMAVA), failed to sustain these improvements or enact recommended reforms.
The Coronavirus disease 20191 (COVID) outbreak in March and April of 2020 devastated the Veterans Memorial Homes at Menlo Park and Paramus (collectively, the Veterans Homes). One worker described the situation in Paramus as “pure hell.” Another described Menlo Park as “a battlefield.” Even by the standards of the pandemic’s difficult early days, the facilities were unprepared to keep their residents safe. A systemic inability to implement clinical care policy, poor communication between management and staff, and a failure to ensure basic staff competency let the virus spread virtually unchecked throughout the facilities. During the first wave of the pandemic, the Veterans Homes had the first and fourth highest number of publicly reported resident COVID deaths of all long-term care facilities in the State of New Jersey. As discussed below, the actual number of COVID deaths was likely much higher.
DMAVA has made leadership changes but has not carried out an evaluation to understand the failures of 2020 or how to prevent future crises. Residents remain at risk due to ongoing inability to implement basic infection control measures. Deficiencies in basic medical care were also noted, such as inadequate monitoring of residents and improper medication administration.
The DOJ report states that the ongoing failure to provide adequate care violates the residents’ Fourteenth Amendment rights to reasonable care and safety. Remedial measures are being recommended to address these issues.
Governor Murphy who has been blamed by his opponents for the horrible and deadly conditions at the homes deflected today.
“The U.S. Department of Justice’s report on the Veterans homes in Menlo Park and Paramus is a deeply disturbing reminder that the treatment received by our heroic veterans is unacceptable and, quite frankly, appalling. In an effort to provide our veterans with the care they deserve, over the past three years, our Administration has instituted numerous processes and procedures to improve conditions, including most recently securing private management and assistance for these two homes,” he said. “However, it is clear that we have significantly more work to do and we are open to exploring all options to deliver for our veterans the high level of care they deserve and are entitled to under the law. We commend the Legislature for their partnership to help us improve conditions, and we will continue to work together in any capacity to provide world-class care and services to our heroes and support to those who care for them.”