The Lien Law calls for a lien to be placed on the current and future
assets of persons who are admitted to a charitable institution
maintained in whole or in part by state or county funds, meaning a
state or county psychiatric hospital. The law makes consumers,
spouses, parents under 55 or the parents of minor children and the
children of institutionalized parents responsible for the cost of
maintaining the individual in these hospitals. It is only families
with a member who has a mental illness and to a lesser extent, those
with a developmental disability who suffer from the consequences of
this law. For any other physical illness New Jersey has developed a
system of charity care that provides for free or reduced fee medical
care with no resulting lien. Those affected by the law should be
aware of a provision that allows for the lien to be reduced or
discharged.
Not only is the law blatantly
discriminatory, but it makes it nearly impossible for
consumers to return to society: the lien tarnishes their
credit, which can prevent consumers from obtaining an
apartment lease or a car loan -- necessities for former
patients who wish to live independently and work. The current legislation status
of New Jersey's Lien Law is available at
http://www.mhanj.org/Advocacy/lien.htm.