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New Jersey's “Granny Doe” Squad: Arguments about Mechanisms for Protection of Vulnerable Patients

Published online by Cambridge University Press:  29 April 2021

Extract

A decision not to hospitalize, dialyze or resuscitate a dying, elderly, nursing home resident is regarded as “possible abuse.” Any physician, nurse, administrator, social worker, aide or other staff member who learns of plans to withhold treatment is required to report this fact to a state official. That official will conduct an investigation “to determine whether the legal guidelines...are satisfied.” While the often protracted investigation is pending, “the facility itself (must) preserve the patient's health.”

A letter declaring this to be the requirement of current New Jersey law was recently sent to administrators of all nursing homes and psychiatric hospitals by the state's Office of the Ombudsman for the Institutionalized Elderly.

The policy has provoked strong protests from health professional organizations and advocates for the privacy of patients and families. Alert clinicians are reportedly maneuvering to place their patients beyond the Ombudsman's reach.

Type
Article
Copyright
Copyright © American Society of Law, Medicine and Ethics 1989

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References

Letter addressed to New Jersey long-term care facilities by Hector M. Rodriguez, dated August 30, 1988.Google Scholar
American Academy of Pediatrics v. Heckler, 561 F. Supp. 395 (D.C. 1983). Here the court ruled that the Secretary of Health and Human Services had failed to follow proper procedures (Administrative Procedure Act) in promulgating the so called “Baby Doe” regulations.Google Scholar
N.J.S.A. 52:27G1 et seq. The authors wish to point out that on occasions the Ombudsman has sought to legislatively extend the office's jurisdiction to acute hospitals.Google Scholar
In re Conroy, 98 N.J. 321, 486 A. 2d 1209 (1985).Google Scholar
In re Farrell, 108 N.J. 335, 529 A.2d 404 (1987). Kathleen Farrell was a competent, 37 year old, terminally ill patient with amyotrophic lateral sclerosis (ALS) being cared for at home. Her husband, in keeping with her decision, requested an appointment as her special medical guardian with express permission to remove his wife's respirator. The court held that as long as two doctors concurred in her competence and prognosis, no court intervention was necessary to honor her decision to remove the mechanism. (Mrs. Farrell died during the pendency of the appeal to the New Jersey Supreme Court).Google Scholar
Letter, supra note 1.Google Scholar
The Commission on Legal and Ethical Issues in Health Care Delivery (a.k.a. The Bioethics Commission) was established by the legislature in 1986. It is charged with recommending legislative responses to a wide range of health care issues.Google Scholar
Commentary at N.J. Bioethics Commission task force meeting, October 12, 1988.Google Scholar
The Record (Bergen Co., N.J.), October 19, 1988, p. 13.Google Scholar
American Medical News, November 4, 1988, p. 27.Google Scholar
Letter to the Commission on Legal and Ethical Problems in the Delivery of Health Care (a.k.a. the Bioethics Commission) by McDonald, Harry R. LaPenta, Samuel C., dated September 23, 1988.Google Scholar
Letter to Governor Thomas H. Kean by NJSNA President Jean R. Marshall, RN, dated October 3, 1988.Google Scholar
In re Quinlan, 70 N.J. 10, 355 A.2d 647, cert, denied subnom. Garger v. New Jersey, 429 U.S. 922 (1976).Google Scholar
In re Jobes, 108 N.J. 394, 529 A.2d 434 (1987).Google Scholar
In re Peter, 108 N.J. 365, 529 A.2d 419 (1987).Google Scholar
In re Farrell, 108 N.J. 335, 342 n.2, 529 A.2d 404, 407 n.2 (1987).Google Scholar
Conroy supra note 5.Google Scholar
Quinlan, supra note 16, at 58.Google Scholar
Jobes, Supra note 17, at 451–452.Google Scholar
New Jersey Law Journal, November 30, 1988, p. 18.Google Scholar
Letter to Senator Gabriel M. Ambrosio, dated November 14, 1988, p. 10.Google Scholar
Letter by Scofield, Giles R., Esq. to Alan J. Weisbard, Esq., Executive Director, Commission on Legal and Ethical Problems in the Delivery of Health Care, dated October 11, 1988.Google Scholar
Two states, New York and New Jersey, have created statewide bioethics commissions. New Jersey has enacted legislation establishing a permanent Commission on Legal and Ethical Problems in the Delivery of Health Care to study bioethical issues. N.J. Stat. Ann 52-9y1-6 (West 1986). In March of 1985, Governor Mario Cuomo established by Executive Order the New York State Task Force on Life and the Law to develop recommendations for public policy arising from recent advances in medical technology.Google Scholar
The Star Ledger, Friday, March 17, 1989, p. 1.Google Scholar
On December 13, 1989, the New Jersey Hospital Association and the Medical Center at Princeton commenced a declaratory judgment action challenging the Ombudsman's letter of August 30, 1988 as rulemaking in violation of the state's Administrative Procedure Act (The New Jersey Hospital Association and the Medical Center at Princeton, et al, v. Hector M. Rodriguez, as ombudsman, Docket No. L88-6457). At the time of submission of this article, the Medical Society of New Jersey, the New Jersey State Nurses Association and the New Jersey Association of Non-Profit Homes for the Aging have joined in seeking to declare the letter procedurally invalid. Currently, this action has been transferred to the Appellate Division of the Superior Court of New Jersey. It is important to note, however, that in the American Academy of Pediatrics v. Heckler, 561 F. Supp. 395 (D.C. 1983), the challenged regulations provided the substantive basis for action by the Secretary of Health and Human Services. Here the Ombudsman's authority to participate in treatment decisions of the institutionalized elderly patient stems from separate and currently unchallenged statutes and court decisions.Google Scholar
Conroy, supra note 5, at 381.Google Scholar
Peter, supra note 18, at 383.Google Scholar
Jobes, supra note 17, at 421.Google Scholar
Document supplied by Michael Nevins, M.D.Google Scholar
Commentary at N.J. Bioethics Commission task force meeting, November 9, 1988.Google Scholar
David M. Price, and Patricia A. Murphy, “Emotional Depletion in Critical Care Staff,” Journal of Neurosurgical Nursing, 17 (1985), pp. 114118.Google Scholar