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Bill

S 1962

Enacts the "New York artificial intelligence consumer protection act"

2025 Regular Session Introduced by Kristen Gonzalez

Protects long-term care residents by banning facility-affiliated staff from acting as POA/guardian and by standardizing admission forms to curb coercive practices.

REFERRED TO INTERNET AND TECHNOLOGY
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Bill Summary · S 1962

Note on source materials and discrepancy
- The file header you provided identifies S.1962 as the "New York artificial intelligence consumer protection act" (introduced 6/5/2025 and referred to Internet & Technology).
- However, every attached legislative document and the bill text included in your submission describe a New Jersey bill titled roughly "An Act concerning individuals in long‑term care facilities" (Senate Bill No. 1962) addressing power of attorney, guardianship, resident admission agreements, Medicaid application assistance, and related protections.
- This summary is based on the substantive bill text and committee reports you provided (long‑term care / NJ). If you intended the NY AI consumer protection bill instead, please confirm and provide the correct documents.

Summary — Protecting long‑term care residents (Senate Bill No. 1962, as amended)

Purpose / intent
- To protect residents (and prospective residents) of long‑term care facilities from conflicts of interest and coercive or misleading admission practices; to regulate who may act as an agent/guardian and to standardize admission documents and Medicaid application assistance.

Key definitions
- “Long‑term care facility” — nursing homes (including all beds in skilled nursing facilities licensed by DOH), assisted living residences, comprehensive personal care homes, residential health care facilities, dementia care homes (long‑term acute care hospitals were later excluded from some provisions by amendment).
- “Principal” — a resident or an individual in the admission process to a long‑term care facility.
- “Family member” — defined broadly (spouse, domestic partner, child, parent, sibling, aunt/uncle, niece/nephew, grandparent/grandchild).
- “Medicaid application assistance” — broad definition including completing/submitting applications, asset calculations, hearings, spend‑down and estate planning activities (legal services only if provided by a licensed attorney).

Major provisions
1. Restrictions on facility‑affiliated agents and guardians
- Owners, administrators, directors, officers, employees, affiliated persons/entities, or anyone who benefits financially from a facility may not act as an attorney‑in‑fact (agent under power of attorney) for a principal. Any POA naming such persons is deemed invalid.
- Appointment of such persons as guardian may occur only by Superior Court order, and the court must consult the Office of the Public Guardian for Elderly Adults.
- Family members are expressly permitted to serve as attorney‑in‑fact.

  1. Civil remedies

    • A principal injured by a violation has a cause of action in any competent court to recover: actual and compensatory damages, punitive damages, injunctive/equitable relief, treble damages if conduct was willful/malicious/reckless, and reasonable attorney’s fees and costs.

  2. Standard resident admission agreements

    • Department of Health (DOH) must develop a standard admission agreement within 4 months of the act’s effective date (DOH may produce variant forms by facility type).
    • Facilities must use the applicable DOH form beginning on the first day of the sixth month after enactment.
    • Residents cannot be required to sign any document at admission other than the standard agreement and a required Medicaid notice/acknowledgement.
    • Arbitration agreements cannot be required as a condition of admission; arbitration pacts must be separate, include a prominent advisory (12‑point bold) stating residents are not required to sign, and must state that signing waives the right to a jury trial.

  3. Medicaid application assistance and notice

    • Operators must give each resident (and representative) at admission a conspicuous notice (and post it in the facility) informing them they may hire an attorney to apply for Medicaid long‑term care benefits and warning of risks/conflicts with non‑attorney assistance.
    • Commissioner of Human Services must promulgate rules establishing uniform standards for non‑attorney Medicaid application assistors: who may act, scope of services, required training (Medicaid rules, confidentiality, conflicts of interest, and identifying unauthorized practice of law). (Earlier versions that would have barred non‑attorney assistors from charging fees were removed.)

Implementation timeline (as amended)
- DOH: develop standard admission form(s) within 4 months of effective date.
- Facilities: required to use DOH form(s) beginning on the first day of the sixth month following the act’s effective date.
- DHS: to promulgate rules for Medicaid application assistors (timing to follow administrative rulemaking processes).

Who is affected
- Residents and prospective residents of covered long‑term care facilities in the State (and their representatives/families).
- Long‑term care facility owners, operators, administrators, and affiliated persons/entities (restrictions on acting as POA/agent).
- Non‑attorney Medicaid application assistors (subject to new standards and required training).
- Courts (Superior Court) in guardianship determinations must consult the Office of the Public Guardian for Elderly Adults.

Legislative status / procedural notes (from documents)
- Passed New Jersey Senate 36–0 (3/18/2024). Reported by multiple Assembly and Senate committees with amendments between 3/2024 and 6/2025. As of documents provided, the Assembly Health Committee reported the measure with amendments (6/12/2025) and some recommitments occurred. (Because the header metadata you provided conflicts with the text, confirm current docket/status with the legislative clerk or official website for up‑to‑date actions.)

Questions / next steps
- Confirm whether you want (A) the New Jersey long‑term care protections summarized above (documents provided), or (B) the NY “artificial intelligence consumer protection act” referenced in the header. If (B), please provide that bill text or correct docket so I can produce an accurate summary.

Compiled from official sources — confirm details with the bill’s official record.

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