Includes physical therapists, physical therapist assistants, occupational therapists, occupational therapy assistants, respiratory therapists, respiratory therapy technicians, and recreational therapists within the existing statutory staffing standards for nursing homes.
STATE OF NEW YORK
________________________________________________________________________
600
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. HEVESI, WEPRIN, SIMON, BERGER, JENSEN -- read
once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to establishing
staffing standards for physical therapists, physical therapist assist-
ants, occupational therapists, occupational therapy assistants,
respiratory therapists, respiratory therapy technicians, and recre-
ational therapists at nursing homes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 2895-b of the public health law is
2 amended by adding four new paragraphs (e), (f), (g) and (h) to read as
3 follows:
4 (e) "Physical therapist or physical therapist assistant" means any
5 person licensed or certified as such pursuant to article one hundred
6 thirty-six of the education law.
7 (f) "Occupational therapist or occupational therapy assistant" means
8 any person licensed or otherwise authorized to practice as such pursuant
9 to article one hundred fifty-six of the education law.
10 (g) "Respiratory therapist" or "respiratory therapy technician" means
11 any person licensed or otherwise authorized to practice as such pursuant
12 to article one hundred sixty-four of the education law.
13 (h) "Recreational therapist" means any person with a bachelor's degree
14 with certification as a certified therapeutic recreation specialist from
15 the national council for therapeutic recreation certification.
16 § 2. Paragraph (h) of subdivision 2 of section 2895-b of the public
17 health law, as added by chapter 156 of the laws of 2021, is amended to
18 read as follows:
19 (h) The minimum staffing standard includes the hours which are
20 required to be reported by a nursing home to the federal Centers for
21 Medicare and Medicaid Services through the payroll based journal for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01524-01-5
A. 600 2
1 long-term care for certified [nursing assistants and] nurses aides,
2 licensed nurses, physical therapists, physical therapist assistants,
3 occupational therapists, occupational therapy assistants, respiratory
4 therapists, respiratory therapy technicians, and recreational
5 therapists. In determining compliance with the staffing standards under
6 this subdivision, an individual shall not be counted while performing
7 administrative services as defined in the payroll based journal for
8 long-term care facilities.
9 § 3. Paragraphs (a) and (b) of subdivision 3 and paragraph (a) of
10 subdivision 4 of section 2895-b of the public health law, as added by
11 chapter 156 of the laws of 2021, are amended to read as follows:
12 (a) Beginning January first, two thousand twenty-two every nursing
13 home shall maintain daily average staffing hours equal to 3.5 hours of
14 care per resident per day by a certified nurse aide, a licensed nurse
15 [or], a nurse aide, a physical therapist, a physical therapist assist-
16 ant, an occupational therapist, an occupational therapy assistant, a
17 respiratory therapist, a respiratory therapy technician, or a recre-
18 ational therapist, or any combination thereof; provided that out of such
19 3.5 hours, no less than 2.2 hours of care per resident per day shall be
20 provided by a certified nurse aide [or], a nurse aide, a physical thera-
21 pist assistant, an occupational therapy assistant or a respiratory ther-
22 apy technician, or any combination thereof and no less than 1.1 hours of
23 care per resident per day shall be provided by a licensed nurse, a phys-
24 ical therapist, an occupational therapist, a respiratory therapist or a
25 recreational therapist, or any combination thereof.
26 (b) Beginning January first, two thousand twenty-three and thereafter
27 every nursing home shall maintain daily average staffing hours equal to
28 3.5 hours of care per resident per day by a certified nurse aide [or], a
29 licensed nurse, a physical therapist, a physical therapist assistant, an
30 occupational therapist, an occupational therapy assistant, a respiratory
31 therapist, a respiratory therapy technician or a recreational therapist,
32 or any combination thereof; provided that out of such 3.5 hours, no less
33 than 2.2 hours of care per resident per day shall be provided by a
34 certified nurse aide, a physical therapist assistant, an occupational
35 therapy assistant or a respiratory therapy technician or any combination
36 thereof, and no less than 1.1 hours of care per resident per day shall
37 be provided by a licensed nurse, a physical therapist, an occupational
38 therapist, a respiratory therapist, or a recreational therapist, or any
39 combination thereof.
40 (a) A nursing home shall post information regarding nurse staffing
41 that the facility is required to make available to the public under
42 section twenty-eight hundred five-t of this chapter. Such posting shall
43 also include therapist staffing levels as set forth in this section.
44 Information under this paragraph shall be displayed in a form approved
45 by the department and be posted in a manner which is visible and acces-
46 sible to residents, their families and the staff, as required by the
47 commissioner.
48 § 4. This act shall take effect immediately.
