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November 17, 2024
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Elizabeth Urgent Care Refuses Treatment To Orthodox Patients on Shabbat

When Lee Niren’s 9-year-old son’s very high fever, cough and other serious symptoms that had begun two days earlier continued to spike through the Rosh Hashanah holiday, he understandably became concerned.

When there was no improvement by the next day he and his wife, Rachie, brought him to American Family Care, an urgent care facility in Elizabeth, even though it was Shabbat. They had previously been to another facility right before the holiday.

Fortunately, state law in New Jersey exempts those who cannot write on religious holidays from signing documents for medical care. They were instructed by their rabbi to bring the documentation required by the law in such instances—a driver’s license and insurance and credit cards.

However, they were shocked when they were refused care because they couldn’t fill out documentation even though the couple offered to verbally provide any needed information.

“I told the receptionist about the law and she went to the doctor, to the medical authority or owner,” said Niren, who, frustrated, finally left.

The next day with their son still showing no improvement they took him to the emergency room at Cooperman Barnabas Medical Center in Livingston, where he was diagnosed with strep and pneumonia and placed on medication.

“He is home on very strong antibiotics,” said Niren, who is relieved his son is on the mend but upset he was denied treatment at the urgent care.

“He could have been treated there,” he noted. “There is a reason for the law and it’s to protect the Jewish community on Yom Tov, on Shabbos. They violated the law outright … It has to stop.”

Niren was so outraged he contacted the Jewish Link and the New Jersey Office of Agudath Israel of America, prompting a letter to be sent to the local Elizabeth facility by Daniel Kaminetsky, general counsel for Agudath Israel of America,

“Had he been treated the previous day, he would likely not have had to endure a hospital visit,” wrote Kaminetsky in the letter obtained by the Jewish Link. “We understand further that the Facility’s refusal to treat an Orthodox Jew on the Sabbath was not limited to this particular instance as the exact same scenario occurred approximately one month ago with a different member of the Orthodox Jewish community whom the Facility refused to treat based on their not signing admission papers on the Sabbath.”

That second person is Yehoshua Walshver who had a similar experience at that urgent care when he and his wife, Amy, took their 5-year old daughter who was displaying croup-like symptoms. They wheeled her in a carriage while making the 50-minute walk.

“We brought everything that was required and were told you can’t be seen unless you sign,” said Walshver, co-chair of the JEC Elmora Avenue Synagogue. “I’ve taken my kids to hospitals on Shabbos and never had a problem.”

They walked back to shul where a medical professional in the congregation checked his daughter and said because the problem wasn’t in her lungs to just take her to her doctor after the holiday.

“This wasn’t just a nuisance,” said Walshver. “It’s something being in this community that they should know about that people can’t sign.”

American Family Care has facilities throughout the country. A request for comment from its corporate office in Alabama was never answered.

Kaminetsky cited the specific law in his letter and ended the letter asking for the center’s assurance they would comply with the law, thanking them for their understanding in the matter.

He told the Jewish Link he wanted to give the facility the benefit of the doubt and assume its employees were just ignorant of the law.

“There are consequences for violating that law,” he said. “They can be fined or even stripped of their license. Rather than going straight to the authorities I want to engage and educate them and hope they acknowledge their responsibility and follow the law. If they ignore or refuse we will take further steps as necessary as we do whenever the religious rights of our constituents are violated. We take steps to see those rights are protected.”


Debra Rubin has had a long career in journalism writing for secular weekly and daily newspapers and Jewish publications. She most recently served as Middlesex/Monmouth bureau chief for the New Jersey Jewish News. She also worked with the media at several nonprofits, including serving as assistant public relations director of HIAS and assistant director of media relations at Yeshiva University.

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