New York State Legislature Enacts Nursing Home Clinical Staffing Bill

Harris Beach PLLC

The New York State Legislature has passed a bill mandating that nursing homes meet clinical staffing levels in their facilities. It has not yet been signed into law by Governor Cuomo.

The bill, A7119, specifically requires that the State Health Department establish regulations regarding nursing home staffing levels. Compliance would be determined by the Department on a quarterly basis using the staffing documents that the federal government requires nursing homes to submit. The State Health Department will have the power to assess civil penalties for non-compliance after April 1, 2022. There is a safety valve provision requiring the Department to take into account unforeseeable emergency circumstances.

Additionally, the bill sets a statewide minimum staffing standard. Starting January 1, 2022, nursing homes must provide at least 3.5 hours of care each day by a certified nurse aide, a licensed nurse, or a nurse aide. At least 2.2 of these hours must be provided by a certified nurse aide or nurse aide, with at least 1.1 of the total 3.5 hours provided by a licensed nurse. Starting January 1, 2023, 2.2 of the total 3.5 hours must be provided by a certified nurse aide, with at least 1.1 of the total 3.5 hours provided by a licensed nurse.

We are closely monitoring developments regarding if and when the Governor signs this bill into law. Because the Governor’s signature is likely given the present political climate, hospitals should begin making plans to comply with its requirements.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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