Includes physical therapists, physical therapist assistants, occupational therapists, occupational therapist assistants, and recreational therapists within the existing statutory staffing standards for nursing homes.
STATE OF NEW YORK
________________________________________________________________________
2800
2023-2024 Regular Sessions
IN ASSEMBLY
January 27, 2023
___________
Introduced by M. of A. HEVESI, D. ROSENTHAL -- 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 therapist assistants, and
recreational 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 three new paragraphs (e), (f) and (g) to read as
3 follows:
4 (e) "Physical therapist or physical therapist assistant" means any
5 person licensed or certified pursuant to article one hundred thirty-six
6 of the education law.
7 (f) "Occupational therapist or occupational therapy assistant" means
8 any person licensed or otherwise authorized to practice pursuant to
9 article one hundred fifty-six of the education law.
10 (g) "Recreational therapist" means any person with a bachelor's degree
11 with certification as a certified therapeutic recreation specialist from
12 the national council for therapeutic recreation certification.
13 § 2. Paragraph (h) of subdivision 2 of section 2895-b of the public
14 health law, as added by chapter 156 of the laws of 2021, is amended to
15 read as follows:
16 (h) The minimum staffing standard includes the hours which are
17 required to be reported by a nursing home to the federal Centers for
18 Medicare and Medicaid Services through the payroll based journal for
19 long-term care for certified nursing assistants [and], licensed nurses,
20 physical therapists, physical therapist assistants, occupational thera-
21 pists, occupational therapist assistants, and recreational therapists.
22 In determining compliance with the staffing standards under this subdi-
23 vision, an individual shall not be counted while performing administra-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05146-01-3
A. 2800 2
1 tive services as defined in the payroll based journal for long-term care
2 facilities.
3 § 3. Paragraphs (a) and (b) of subdivision 3 and paragraph (a) of
4 subdivision 4 of section 2895-b of the public health law, as added by
5 chapter 156 of the laws of 2021, are amended to read as follows:
6 (a) Beginning January first, two thousand twenty-two every nursing
7 home shall maintain daily average staffing hours equal to 3.5 hours of
8 care per resident per day by a certified nurse aide, a licensed nurse
9 [or], a nurse aide, a physical therapist, a physical therapist assist-
10 ant, an occupational therapist, an occupational therapy assistant or a
11 recreational therapist; provided that out of such 3.5 hours, no less
12 than 2.2 hours of care per resident per day shall be provided by a
13 certified nurse aide [or], a nurse aide, a physical therapist assistant,
14 an occupational therapy assistant or recreational therapist, and no less
15 than 1.1 hours of care per resident per day shall be provided by a
16 licensed nurse, a physical therapist, occupational therapist or recre-
17 ational therapist.
18 (b) Beginning January first, two thousand twenty-three and thereafter
19 every nursing home shall maintain daily average staffing hours equal to
20 3.5 hours of care per resident per day by a certified nurse aide [or], a
21 licensed nurse, a physical therapist, a physical therapist assistant, an
22 occupational therapist, an occupational therapist assistant and a recre-
23 ational therapist; provided that out of such 3.5 hours, no less than 2.2
24 hours of care per resident per day shall be provided by a certified
25 nurse aide, a physical therapist assistant, an occupational therapy
26 assistant or recreational therapist, and no less than 1.1 hours of care
27 per resident per day shall be provided by a licensed nurse, a physical
28 therapist, a physical therapist assistant, an occupational therapist, an
29 occupational therapy assistant or a recreational therapist.
30 (a) A nursing home shall post information regarding nurse staffing
31 that the facility is required to make available to the public under
32 section twenty-eight hundred five-t of this chapter. Such posting shall
33 also include therapist staffing levels as set forth in this section.
34 Information under this paragraph shall be displayed in a form approved
35 by the department and be posted in a manner which is visible and acces-
36 sible to residents, their families and the staff, as required by the
37 commissioner.
38 § 4. This act shall take effect immediately.
