The Department of Justice reached an agreement with the state of New Jersey to improve care standards in state-run veterans homes after federal authorities excoriated the “unconstitutionally deficient care” at facilities in Paramus and Menlo Park.
A yearslong investigation into the veterans homes found officials were “unprepared to keep their residents safe” during the COVID-19 pandemic. Under the settlement, a federal monitor will oversee care at the facilities and officials must implement stronger clinical care and infectious disease standards.
“Our veterans, who have sacrificed so much, should never have been subject to deficient care,” U.S. Attorney for the District of New Jersey Philip R. Sellinger said. “This consent decree provides a detailed roadmap and expert oversight to ensure they are protected, so that they and their families can rely on the veterans homes.”
At least 200 residents and staff members at the Paramus and Menlo Park facilities ultimately died from COVID-19, and federal authorities said “inadequate” infection control was at least partly to blame. As of last September, the state has paid nearly $70 million to the families of veterans home residents who died of COVID.
“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,” Gov. Phil Murphy said in a release. “I’m proud of the progress we have made and remain determined to not only meet federal standards but to exceed them.”
Col. Yvonne Mays, the state’s acting Commissioner of Military and Veterans Affairs, said the facilities have improved since the height of the pandemic after “repeated, independent” inspections. The release notes that surveys from last month show no recent deficiencies in infection control matters.
“Our veterans deserve to receive appropriate care, as required by law, and their families deserve to have confidence that their loved ones’ needs will be met,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement requires the state to deliver that care and have the oversight in place to provide families that confidence.”
An independent review of New Jersey’s COVID response also found shortcomings in the veterans homes. The review, commissioned by the state and conducted by Montgomery McCracken Walker & Rhoads, praised much of the statewide COVID response but acknowledged care in veterans homes fell short.
“Our independent analysis confirms the findings by DOJ and [the State Commission of Investigation], and they are accepted here,” the independent review reads. “We acknowledge that substantial reforms have been made to Veterans’ Homes in New Jersey, with additional changes being implemented. This report reviews those reforms and makes further recommendations.”
The Justice Department filed a complaint and consent decree in federal court Wednesday. The consent decree, which details the terms of the settlement, must still be approved by a judge.