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New Jersey’s Office of the State Comptroller (OSC) has ordered three nursing homes to repay more than $2.1 million in Medicaid funds after uncovering serious and repeated violations of the state’s staffing laws. In a month-long audit of July 2023, investigators found that Barnegat Rehabilitation, Belle Care Nursing, and Barclays Rehabilitation and Healthcare failed to meet minimum staffing levels every single day of the month: 93 shifts in total.
Among the findings:
- Barclays was short-staffed for 85 out of 93 shifts, and let an aide work for seven days after their certification had expired.
- Barnegat missed staffing requirements for 86 out of 93 shifts.
- Belle Care fell short on 83 shifts, and most shockingly, had no direct care staff present for three separate shifts, leaving 82 residents completely unattended.
Rather than deny the findings or propose a corrective plan, the facilities argued that the state’s staffing mandates are too burdensome and unconstitutional. In response to these violations, OSC is not only seeking repayment of the funds but will also withhold 10% of future Medicaid payments until the balance is paid in full.
New Jersey state law sets clear staffing minimums to help ensure residents get the attention they need throughout the day. During daytime shifts, each certified aide is supposed to care for no more than eight residents. Even at night, when things are quieter, facilities are still required to keep enough staff on hand to monitor and support residents safely. These aren’t arbitrary numbers, they’re minimums intended to protect vulnerable adults. When facilities ignore them, it’s the residents who suffer.
The Same Problem Exists Closer to Home
Unfortunately, New Jersey isn’t alone. A recent Newsday investigation uncovered similarly disturbing trends at nursing homes right here in New York. In 2024, 15 Long Island facilities were fined more than $661,000 for dangerous violations, including medication errors, neglect, and even a case where a resident with suicidal ideation jumped from a second-story window after staff failed to secure it.
Chronic understaffing remains a key driver of these incidents. While New York law requires at least 3.5 nursing staff hours per resident per day, many facilities only just meet the bare minimum. In both states, regulators are sounding the alarm, but enforcement alone won’t solve the issue.
Families place their trust in nursing homes to keep their loved ones safe. When facilities fail to meet even the most basic staffing standards, that trust is broken and so is the standard of care.
If Your Loved One Has Been Neglected or Abused in a New York Nursing Home, Contact Us Today
Fines and regulations only go so far when nursing homes consistently put residents at risk. When facilities are understaffed or fail to follow basic care protocols, the consequences can be serious, resulting in preventable injuries or worse.
At Dalli & Marino, we focus on holding nursing homes accountable when their failures lead to neglect or abuse. If your loved one has been harmed by inadequate care, we can help you take legal action to obtain financial compensation and hold the facility responsible. Contact us to schedule a free consultation.
