NJ Caregivers Beware of Danielle’s Law

Who is at risk of violating this law? 

New Jersey Public Law 2003, Chapter 191, Danielle's Law, enacted in 2003, requires staff working in facilities that provide services to individuals with intellectual/developmental or traumatic brain injury to call 911 when there is a life-threatening emergency.

What's the penalty for violating the law: 

First Offense - $5000.00, Second Offense - $10,000, Third Offense - $25,000.

Here’s How it Works: 

The Department of Human Services’ Office of Program Integrity and Accountability (OPIA) will investigate alleged violations. The Division’s Risk Management staff will evaluate the investigative evidence and will present its findings to the Assistant Commissioner who will determine whether a violation has occurred.

BEWARE: If you are working as a caregiver for head trauma in NJ this law requires you to call 911 if the person, you're caring for experiences ANY type of emergency that could possibly be life threatening, this includes all of the following scenarios.

If there's bleeding from any orifice, such as the nose, ears, mouth, or catheter you MUST call 911. If you are an experienced licensed professional doctor, nurse, cna, or aide, you must still call 911!! There are NO exemptions for medical personnel, YOU too must call 911, If in doubt, call 911. If not sure, call 911. If your supervisor says it's not needed, then You call 911. If the doctor says it's not needed, YOU call 911. If the parents say it's not needed, then YOU still call 911.

Taking the action as set forth in the paragraph above is the only way to protect yourself from the money hungry NJ State Department of Human Services, and the assistant commissioners who are out there doling out their overzealous punishment. Their eagerness to apply fines is having an implicit adverse effect on the medical field, making it difficult for wonderful caregivers to do their jobs without fear of being stuck with excessive fines they can’t afford. And why can’t they afford to pay the fines? Because their salaries are barely high enough to make a living, risking having their license revoked, and taking away any chance of making a living in the way they know how.  

Email us at Action Advocates if you have experienced any such type of hardship with regard to these exorbitant fines, we would love to help you find some type of resolution.

This is not a substitute for reading the law yourself or getting legal advice from a licensed attorney.