Relates to safe staffing levels at nursing homes; requires the department of health to give significant weight to labor supply shortages in particular regions during any declared statewide disaster emergency.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3389
SPONSOR: Simpson TITLE OF BILL:
An act to amend the public health law, in relation to safe staffing
levels at nursing homes
PURPOSE OR GENERAL IDEA OF BILL:
Requires the department of health to consider additional factors to
further mitigate the impact of the healthcare staffing shortage affect-
ing t nursing homes prior to imposing penalties under section 2895-b of
public health law
SUMMARY OF PROVISIONS:
Section 1 - Amends subparagraph (iii) of paragraph (b) and paragraph (d)
of subdivision 2 of section 2895-b of public health law to require the
health department to consider the overall availability of labor within a
region, and clarifies the Department is to consider the regional pay
rates of certain health care professionals within a region when consid-
ering mitigating factors in the assessment of penalties on nursing homes
not in compliance with the safe staffing law. Furthermore, prohibits the
department from imposing any penalties caused by a labor supply shortage
during a statewide disaster emergency relating to healthcare staff shor-
tages and for one year following. Removes provisions to ensure a nursing
home cannot be penalized by the Department for longstanding workforce
shortage issues.
Section 2 -Provides effective date
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
JUSTIFICATION:
Nursing homes were particularly hard hit by the COVID-19 pandemic, which
exacerbated a preexisting labor shortage throughout much of New York
State
PRIOR LEGISLATIVE HISTORY:
2021-22: A9681 - referred to Health / S7470 referred to Health
2023-24: A3147 - referred to Health / 53029 referred to Health
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To Be Determined
EFFECTIVE DATE:
This act shall take effect immediately
