Bill > A03389

This bill modifies existing public health law regarding staffing requirements for nursing homes, primarily focusing on how labor supply shortages are evaluated and addressed. The bill changes language to remove the qualifier "acute" when describing labor supply shortages, and requires the commissioner to consider multiple factors when determining regional labor supply challenges, including regional availability of certified nurse aides, licensed practical nurses, and registered nurses, as well as regional pay rates for these positions. Importantly, the bill introduces a new provision that prevents the department of health from imposing penalties on nursing homes experiencing labor supply shortages during and for one year following a declared statewide disaster emergency, such as those related to healthcare staff shortages. The bill also adjusts the criteria for determining staffing violations, specifically removing language about whether staffing shortages were foreseeable or could have been prudently planned for, and instead focusing on whether the staffing needs arose from typical staffing patterns, absenteeism, or approved time off. These changes aim to provide nursing homes with more flexibility in managing staffing challenges, particularly during periods of significant workforce disruption.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/A3389