New York S 2652: Relates to safe staffing levels at nursing homes

Bill Text

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S02652 Summary:

BILL NOS02652 

&nbsp

SAME ASSAME AS A03389

&nbsp

SPONSORSTEC

&nbsp

COSPNSRBORRELLO, RHOADS

&nbsp

MLTSPNSR

&nbsp

Amd §2895-b, Pub Health L

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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.

Go to top S02652 Actions:

BILL NOS02652 

&nbsp

01/22/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS02652 Committee&nbspVotes:

Go to topS02652 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02652 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2652

 2025-2026 Regular Sessions

 IN SENATE

 January 22, 2025
 ___________

 Introduced by Sens. STEC, BORRELLO -- read twice and ordered printed,
 and when printed to be committed to the Committee 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-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03748-01-5

 S. 2652 2

 1 ble and could be prudently planned for, or] involved routine staffing
 2 needs that arose due to typical staffing patterns, typical levels of
 3 absenteeism, or time off typically approved by the employer for vaca-
 4 tion, holidays, sick leave, and personal leave.
 5 § 2. This act shall take effect immediately.

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