S T A T E O F N E W Y O R K
________________________________________________________________________
1718--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 9, 2009
___________
Introduced by M. of A. GOTTFRIED, GUNTHER, P. RIVERA, MILLMAN, TITONE,
COOK, JACOBS, PEOPLES-STOKES, JOHN, TITUS, COLTON, PAULIN, SCARBOROUGH
-- Multi-Sponsored by -- M. of A. ALESSI, BENEDETTO, BING, BOYLAND,
BRENNAN, CLARK, DESTITO, FIELDS, GLICK, HEASTIE, HOOPER, HYER-SPENCER,
JAFFEE, JEFFRIES, LIFTON, MAISEL, McENENY, PERRY, PHEFFER, J. RIVERA,
ROBINSON, ROSENTHAL, SCHIMEL, STIRPE, SWEENEY, TOWNS, WEISENBERG --
read once and referred to the Committee on Health -- recommitted to
the Committee on Health in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law, in relation to nursing home
staffing levels
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new section
2 2895-b to read as follows:
3 S 2895-B. NURSING HOME STAFFING LEVELS. 1. DEFINITIONS. AS USED IN
4 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
5 (A) "ADVISORY COUNCIL" MEANS THE ADVISORY COUNCIL ON NURSING HOME
6 STAFFING CREATED IN SUBDIVISION TWO OF THIS SECTION.
7 (B) "CERTIFIED NURSE AIDE" MEANS ANY PERSON INCLUDED IN THE NURSING
8 HOME NURSE AIDE REGISTRY PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
9 THREE-J OF THIS CHAPTER.
10 (C) "STAFFING RATIO" MEANS THE QUOTIENT OF THE NUMBER OF PERSONNEL IN
11 A PARTICULAR CATEGORY REGULARLY ON DUTY FOR A PARTICULAR TIME PERIOD IN
12 A NURSING HOME DIVIDED BY THE NUMBER OF RESIDENTS OF THE NURSING HOME AT
13 THAT TIME.
14 2. ADVISORY COUNCIL ON NURSING HOME STAFFING. THERE IS HEREBY CREATED
15 IN THE DEPARTMENT AN ADVISORY COUNCIL ON NURSING HOME STAFFING TO STUDY
16 AND MAKE RECOMMENDATIONS RELATING TO THE STAFFING STANDARDS UNDER THIS
17 SECTION. THE ADVISORY COUNCIL SHALL BE APPOINTED BY THE COMMISSIONER AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01113-02-0
A. 1718--A 2
1 SHALL BE COMPOSED OF REPRESENTATIVES OF NURSING HOME OPERATORS, CONSUM-
2 ERS, AND NON-ADMINISTRATIVE NURSING HOME EMPLOYEES AND THE PUBLIC. THE
3 ADVISORY COUNCIL SHALL, FROM TIME TO TIME, REPORT TO THE GOVERNOR, THE
4 LEGISLATURE, THE PUBLIC AND THE COMMISSIONER ANY RECOMMENDATIONS REGARD-
5 ING STAFFING LEVELS IN NURSING HOMES.
6 3. STAFFING STANDARDS. (A) THE COMMISSIONER, IN CONSULTATION WITH THE
7 ADVISORY COUNCIL, SHALL, BY REGULATION, ESTABLISH STAFFING STANDARDS FOR
8 NURSING HOME MINIMUM STAFFING LEVELS TO MEET APPLICABLE STANDARDS OF
9 SERVICE AND CARE AND TO PROVIDE SERVICES TO ATTAIN OR MAINTAIN THE HIGH-
10 EST PRACTICABLE PHYSICAL, MENTAL, AND PSYCHOSOCIAL WELL-BEING OF EACH
11 RESIDENT OF THE NURSING HOME. THE COMMISSIONER SHALL ALSO REQUIRE BY
12 REGULATION THAT EVERY NURSING HOME MAINTAIN RECORDS ON ITS STAFFING
13 LEVELS, REPORT ON SUCH RECORDS TO THE DEPARTMENT, AND MAKE SUCH RECORDS
14 AVAILABLE FOR INSPECTION BY THE DEPARTMENT.
15 (B) EVERY NURSING HOME SHALL:
16 (I) COMPLY WITH THE STAFFING STANDARDS UNDER THIS SECTION; AND
17 (II) EMPLOY SUFFICIENT STAFFING LEVELS TO MEET APPLICABLE STANDARDS OF
18 SERVICE AND CARE AND TO PROVIDE SERVICE AND CARE AND TO PROVIDE SERVICES
19 TO ATTAIN OR MAINTAIN THE HIGHEST PRACTICABLE PHYSICAL, MENTAL, AND
20 PSYCHOSOCIAL WELL-BEING OF EACH RESIDENT OF THE NURSING HOME.
21 (C) SUBJECT TO SUBDIVISION FIVE OF THIS SECTION, STAFFING STANDARDS
22 UNDER THIS SECTION SHALL, AT A MINIMUM, BE THE STAFFING STANDARDS UNDER
23 SUBDIVISION FOUR OF THIS SECTION.
24 (D) IN DETERMINING COMPLIANCE WITH THE STAFFING STANDARDS UNDER THIS
25 SECTION, AN INDIVIDUAL SHALL NOT BE COUNTED WHILE PERFORMING SERVICES
26 THAT ARE NOT DIRECT NURSING CARE, SUCH AS ADMINISTRATIVE SERVICES, FOOD
27 PREPARATION, HOUSEKEEPING, LAUNDRY, MAINTENANCE SERVICES, OR OTHER
28 ACTIVITIES THAT ARE NOT DIRECT NURSING CARE.
29 4. STATUTORY STANDARD. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE
30 OF THIS SECTION, EVERY NURSING HOME SHALL MAINTAIN A STAFFING RATIO
31 EQUAL TO AT LEAST THE FOLLOWING:
32 (A) FROM 2.4 TO 2.8 HOURS OF CARE PER RESIDENT PER DAY BY A CERTIFIED
33 NURSE AIDE;
34 (B) FROM 1.15 TO 1.3 HOURS OF CARE PER RESIDENT PER DAY BY A LICENSED
35 PRACTICAL NURSE OR A REGISTERED NURSE; AND
36 (C) FROM 0.55 TO 0.75 HOURS OF CARE PER RESIDENT PER DAY BY A REGIS-
37 TERED NURSE.
38 5. PHASE-IN. (A) THE COMMISSIONER SHALL MAKE THE FIRST REGULATIONS
39 UNDER SUBDIVISION THREE OF THIS SECTION WITHIN ONE YEAR AFTER THIS
40 SECTION BECOMES A LAW.
41 (B) IF THE COMMISSIONER DETERMINES THAT COMPLIANCE WITH THE STATUTORY
42 STANDARD UNDER SUBDIVISION FOUR OF THIS SECTION IS NOT REASONABLY FEASI-
43 BLE FOR NURSING HOMES BY THE TIME SPECIFIED IN THAT SUBDIVISION, THE
44 COMMISSIONER MAY DELAY THE IMPLEMENTATION OF THAT STAFFING STANDARD FOR
45 A PHASE-IN PERIOD NOT TO EXCEED FIVE YEARS AFTER THIS SECTION BECOMES A
46 LAW. IF THE COMMISSIONER DELAYS IMPLEMENTATION OF THAT STAFFING STAND-
47 ARD, THE COMMISSIONER SHALL PHASE IN, OVER THE PHASE-IN PERIOD, STAFF-
48 ING STANDARDS THAT GRADUALLY INCREASE IN EACH OF THE YEARS OF THE
49 PHASE-IN PERIOD UNTIL THE STAFFING STANDARD MEETS AT LEAST THE STATUTORY
50 STANDARD UNDER SUBDIVISION FOUR OF THIS SECTION.
51 6. PUBLIC DISCLOSURE OF STAFFING LEVELS. (A) A NURSING HOME SHALL POST
52 INFORMATION REGARDING NURSE STAFFING THAT THE NURSING HOME IS REQUIRED
53 TO MAKE AVAILABLE TO THE PUBLIC UNDER SECTION TWENTY-EIGHT HUNDRED
54 FIVE-T OF THIS CHAPTER. INFORMATION UNDER THIS PARAGRAPH SHALL BE
55 DISPLAYED IN A FORM APPROVED BY THE DEPARTMENT AND BE POSTED IN A MANNER
A. 1718--A 3
1 WHICH IS VISIBLE AND ACCESSIBLE TO RESIDENTS, THEIR FAMILIES AND THE
2 STAFF, AS REQUIRED BY THE COMMISSIONER.
3 (B) A NURSING HOME SHALL POST A SUMMARY OF THIS SECTION, PROVIDED BY
4 THE DEPARTMENT, IN CLOSE PROXIMITY TO EACH POSTING REQUIRED BY PARAGRAPH
5 (A) OF THIS SUBDIVISION.
6 S 2. This act shall take effect immediately.