May 2025

Court Continues Case Challenging Nursing Home Staffing Rules

Superior Court Judge Douglas Hurd, sitting in Trenton, has denied the state’s motion to dismiss a lawsuit filed by the Health Care Association of New Jersey (HCANJ) and six nursing homes seeking to invalidate nursing home staffing requirements.
The state Department of Health, which regulates nursing homes, enforces minimum staffing ratios of—

• Day shift: One CNA to every eight residents.
• Evening shift: One direct care staff member to every 10 residents.
• Night shift: One direct care staff member to every 14 residents.

HCANJ contends that nursing homes cannot meet the ratios due to a shortage of CNAs and challenges the state’s constitutional authority to enforce the rules.

“These are not onerous standards — they are a bare minimum,” said Laurie Facciarossa Brewer, New Jersey’s Long-Term Care Ombudsman.

Helen Tucci, resident of a Hudson County nursing home, said aides are overwhelmed and cannot respond when residents need them.

“Why would you want to make it even worse by eliminating staffing standards? If the nursing home were to be even more understaffed, it would be a nightmare,” she said. “The people that are working are going to be burnt out, and many things are going to be neglected. It really could cost somebody their life."

Ray DiFrancesco, resident of a nursing home in Middlesex County, said: "The pain that we all go through now with these minimum staffing requirements in place is already horrible. The idea that there would be no concrete standards is unconscionable."

Residents' Rights Corner

You have the right:

• To live in a safe, clean, comfortable and home-like environment.
• To wear your own clothes, unless this would be unsafe or impractical. (All clothes provided by the nursing home must fit you properly.)
• To be provided with routine personal hygiene items including, but not limited to, shampoo, combs, soap, razors, shaving cream, denture and dental supplies, lotion, deodorant, incontinence supplies and sanitary napkins.
• If you believe your rights have been violated, please contact our office at 877-582-6995.

Older American's Month

Every May is Older Americans Month, when we recognize the contributions of older adults, highlight aging trends, and reaffirm commitments to support their general well-being.

The theme, Flip the Script on Aging, focuses on transforming how society perceives aging.
Visit to learn more.