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A09681 Summary:

Amd §2895-b, Pub Health L
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.
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A09681 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     March 28, 2022
        Introduced  by M. of A. SIMPSON -- read once and referred to the Commit-
          tee on Health
        AN ACT to amend the public health law,  in  relation  to  safe  staffing
          levels at nursing homes
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (iii) of paragraph (b) and  paragraph  (d)  of
     2  subdivision  2  of  section 2895-b of the public health law, as added by
     3  chapter 156 of the laws of 2021, are amended and a new subparagraph (iv)
     4  is added to paragraph (b) to read as follows:
     5    (iii) the existence of [an acute] a labor  supply  shortage  within  a
     6  particular  region.  When  determining  if  there  is [an acute] a labor
     7  supply shortage within a specific region in a  specific  quarter,  or  a
     8  shorter  period  of  time as determined by the commissioner, the commis-
     9  sioner shall take into  consideration  the  following  factors:  overall
    10  regional  labor  supply,  regional  labor  supply of available certified
    11  nurse aides, licensed practical nurses and registered  nurses;  regional
    12  pay  rates  for  [the  relevant  titles] certified nurse aides, licensed
    13  practical nurses and registered nurses employed in a nursing home within
    14  the particular county or any adjoining county relative to  the  facility
    15  as  determined  by  the  federal  department  of  labor, bureau of labor
    16  statistics; and evidence that the facility attempted to  procure  suffi-
    17  cient staffing.
    18    (iv)  The  department shall not impose any penalties due to the exist-
    19  ence of a labor supply shortage during the period of and  for  one  year
    20  following  any declared statewide disaster emergency pursuant to section
    21  twenty-eight of the executive law relating to  healthcare  staff  short-
    22  ages.
    23    (d) In determining whether a nursing home has violated its obligations
    24  under this section, it shall not be a defense that such nursing home was
    25  unable to secure sufficient staff if the lack of staffing [was foreseea-
    26  ble  and  could  be prudently planned for, or] involved routine staffing
    27  needs that arose due to typical staffing  patterns,  typical  levels  of
    28  absenteeism,  or  time  off typically approved by the employer for vaca-
    29  tion, holidays, sick leave, and personal leave.
    30    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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