S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7445
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend  the  public  health law, in relation to establishing
   evidence-based, flexible staffing models  for  general  hospitals  and
   nursing homes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  article
 28-F to read as follows:
                               ARTICLE 28-F
               SAFE STAFFING IN HOSPITALS AND NURSING HOMES
 
 SECTION 2900.   DEFINITIONS.
         2900-A. COMMISSION ON HOSPITAL STAFFING.
         2900-B. HOSPITAL STAFFING MODELS AND REQUIREMENTS.
         2900-C. COMMISSION ON NURSING HOME STAFFING.
         2900-D. NURSING HOME STAFFING MODELS AND REQUIREMENTS.
   § 2900. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE TERM:
   1.  "HOSPITAL"  MEANS A GENERAL HOSPITAL AS DEFINED IN SECTION TWENTY-
 EIGHT HUNDRED ONE OF THIS CHAPTER.
   2. "NURSING HOME" MEANS A NURSING HOME AS DEFINED IN  SECTION  TWENTY-
 EIGHT HUNDRED ONE OF THIS CHAPTER.
   3. "NURSE" MEANS A REGISTERED PROFESSIONAL NURSE OR LICENSED PRACTICAL
 NURSE LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCA-
 TION LAW.
   4.  "ALLIED  HEALTHCARE  PROFESSIONAL"  MEANS  A  PERSON, OTHER THAN A
 NURSE, PHYSICIAN, PHYSICIAN ASSISTANT, SPECIALIST  ASSISTANT,  OR  NURSE
 PRACTITIONER,  WHO  IS  LICENSED  OR  CERTIFIED TO PRACTICE A HEALTHCARE
 PROFESSION UNDER TITLE EIGHT OF THE EDUCATION  LAW,  ACTING  WITHIN  THE
 SCOPE OF HIS OR HER PRACTICE.
   5. "DIRECT-CARE NURSE" AND "DIRECT-CARE NURSING STAFF" MEANS ANY NURSE
 WHO  HAS  PRINCIPAL RESPONSIBILITY TO OVERSEE OR CARRY OUT MEDICAL REGI-
 MENS, NURSING, OR OTHER BEDSIDE CARE FOR ONE OR MORE PATIENTS.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11082-01-1

 A. 7445                             2
 
   6. "NON-NURSING DIRECT-CARE STAFF" MEANS ANY EMPLOYEE  WHO  IS  NOT  A
 NURSE,  ALLIED  HEALTHCARE PROFESSIONAL, PHYSICIAN, PHYSICIAN ASSISTANT,
 SPECIALIST ASSISTANT, OR NURSE PRACTITIONER WHOSE PRINCIPAL RESPONSIBIL-
 ITY IS TO CARRY OUT PATIENT CARE FOR ONE OR MORE  PATIENTS  OR  PROVIDES
 DIRECT ASSISTANCE IN THE DELIVERY OF PATIENT CARE.
   §  2900-A.  COMMISSION ON HOSPITAL STAFFING.  1. THERE SHALL BE ESTAB-
 LISHED WITHIN THE DEPARTMENT A COMMISSION ON  HOSPITAL  STAFFING  TO  BE
 COMPOSED OF FIFTEEN MEMBERS APPOINTED BY THE GOVERNOR, WITH TEN OF THESE
 MEMBERS APPOINTED AS FOLLOWS:
   (A)  THREE  MEMBERS UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT
 OF THE SENATE;
   (B) TWO MEMBERS UPON THE RECOMMENDATION OF THE MINORITY LEADER OF  THE
 SENATE;
   (C) THREE MEMBERS UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
 BLY; AND
   (D)  TWO MEMBERS UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
 ASSEMBLY.
   2. THE COMMISSION'S MEMBERSHIP SHALL CONTAIN:
   (A) THE COMMISSIONER OR HIS OR HER DESIGNEE;
   (B) SEVEN NURSES, OF WHOM AT LEAST FOUR SHALL  BE  DIRECT-CARE  NURSES
 AND AT LEAST TWO OF WHOM SHALL BE REPRESENTATIVE OF RECOGNIZED OR CERTI-
 FIED COLLECTIVE BARGAINING AGENTS OF NON-NURSING DIRECT CARE STAFF;
   (C)  TWO  REPRESENTATIVES OF NON-NURSING DIRECT-CARE STAFF, OF WHOM AT
 LEAST ONE SHALL BE A REPRESENTATIVE OF RECOGNIZED OR  CERTIFIED  COLLEC-
 TIVE BARGAINING AGENTS OF NON-NURSING DIRECT CARE STAFF;
   (D) THREE REPRESENTATIVES OF HOSPITAL ADMINISTRATORS; AND
   (E) TWO REPRESENTATIVES OF ALLIED HEALTH PROFESSIONALS.
   3.  VACANCIES  IN  THE MEMBERSHIP OF THE COMMISSION SHALL BE FILLED BY
 THE APPROPRIATE APPOINTING AUTHORITY. THE GOVERNOR SHALL SELECT A CHAIR-
 PERSON FROM AMONG THE MEMBERS  OF  THE  COMMISSION.  MEMBERSHIP  ON  THE
 COMMISSION  SHALL  BE  REFLECTIVE  OF THE DIVERSITY OF THE STATE'S POPU-
 LATION INCLUDING, BUT NOT LIMITED TO, THE VARIOUS GEOGRAPHIC  AREAS  AND
 POPULATION DENSITIES THROUGHOUT THE STATE.
   4.  THE  COMMISSION  SHALL MEET ON AT LEAST AN ANNUAL BASIS, OR AT THE
 REQUEST OF THE COMMISSIONER, TO REVIEW AND UPDATE THE HOSPITAL  STAFFING
 MODELS  CREATED  PURSUANT TO SECTION TWENTY-NINE HUNDRED-B OF THIS ARTI-
 CLE.
   § 2900-B. HOSPITAL STAFFING MODELS AND REQUIREMENTS.   1. THE  COMMIS-
 SIONER, AFTER CONSULTING WITH THE COMMISSION ON HOSPITAL STAFFING ESTAB-
 LISHED  PURSUANT TO SECTION TWENTY-NINE HUNDRED-A OF THIS ARTICLE, SHALL
 PROMULGATE REGULATIONS ESTABLISHING HOSPITAL STAFFING MODELS.
   2. THESE MODELS SHALL:
   (A) BE BASED ON THE BEST AVAILABLE  EVIDENCE  REGARDING  STAFFING  AND
 PATIENT SAFETY;
   (B)  PROVIDE  HOSPITALS WITH THE OPPORTUNITY TO ADJUST STAFFING LEVELS
 IN RESPONSE TO THE RELATIVE SKILL OF  THE  PROFESSIONAL  STAFF  AND  THE
 CURRENT ACUITY OF THE PATIENTS;
   (C)  ADDRESS  THE  PATIENT  CARE  ROLES  PLAYED BY DIRECT-CARE NURSING
 STAFF, NON-NURSING DIRECT-CARE STAFF, AND ALLIED  HEALTH  PROFESSIONALS;
 AND
   (D) BE ADAPTABLE TO THE RELATIVE AVAILABILITY OF STAFF IN THE REGIONAL
 LABOR MARKET WHERE THE FACILITY IS LOCATED.
   §  2900-C.  COMMISSION  ON  NURSING HOME STAFFING.   1. THERE SHALL BE
 ESTABLISHED WITHIN THE DEPARTMENT A COMMISSION ON NURSING HOME  STAFFING
 TO BE COMPOSED OF FIFTEEN MEMBERS APPOINTED BY THE GOVERNOR, WITH TEN OF
 THESE MEMBERS APPOINTED AS FOLLOWS:

 A. 7445                             3
 
   (A)  THREE  MEMBERS UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT
 OF THE SENATE;
   (B)  TWO MEMBERS UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
 SENATE;
   (C) THREE MEMBERS UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
 BLY; AND
   (D) TWO MEMBERS UPON THE RECOMMENDATION OF THE MINORITY LEADER OF  THE
 ASSEMBLY.
   2. THE COMMISSION'S MEMBERSHIP SHALL CONTAIN:
   (A) THE COMMISSIONER OR HIS OR HER DESIGNEE;
   (B)  SEVEN  NURSES,  OF WHOM AT LEAST FOUR SHALL BE DIRECT-CARE NURSES
 AND AT LEAST TWO OF WHOM SHALL BE REPRESENTATIVE OF RECOGNIZED OR CERTI-
 FIED COLLECTIVE BARGAINING AGENTS OF NON-NURSING DIRECT CARE STAFF;
   (C) TWO REPRESENTATIVES OF NON-NURSING DIRECT-CARE STAFF, OF  WHOM  AT
 LEAST  ONE  SHALL BE A REPRESENTATIVE OF RECOGNIZED OR CERTIFIED COLLEC-
 TIVE BARGAINING AGENTS OF NON-NURSING DIRECT CARE STAFF;
   (D) THREE REPRESENTATIVES OF NURSING HOME OPERATORS; AND
   (E) TWO REPRESENTATIVES OF ALLIED HEALTH PROFESSIONALS.
   3. VACANCIES IN THE MEMBERSHIP OF THE COMMISSION SHALL  BE  FILLED  BY
 THE APPROPRIATE APPOINTING AUTHORITY. THE GOVERNOR SHALL SELECT A CHAIR-
 PERSON  FROM  AMONG  THE  MEMBERS  OF  THE COMMISSION. MEMBERSHIP ON THE
 COMMISSION SHALL BE REFLECTIVE OF THE DIVERSITY  OF  THE  STATE'S  POPU-
 LATION  INCLUDING,  BUT NOT LIMITED TO, THE VARIOUS GEOGRAPHIC AREAS AND
 POPULATION DENSITIES THROUGHOUT THE STATE.
   4. THE COMMISSION SHALL MEET ON AT LEAST AN ANNUAL BASIS,  OR  AT  THE
 REQUEST  OF  THE  COMMISSIONER,  TO  REVIEW  AND UPDATE THE NURSING HOME
 STAFFING MODELS CREATED PURSUANT TO  SECTION  TWENTY-NINE  HUNDRED-D  OF
 THIS ARTICLE.
   §  2900-D.  NURSING  HOME  STAFFING  MODELS AND REQUIREMENTS.   1. THE
 COMMISSIONER, AFTER CONSULTING  WITH  THE  COMMISSION  ON  NURSING  HOME
 STAFFING  ESTABLISHED  PURSUANT TO SECTION TWENTY-NINE HUNDRED-C OF THIS
 ARTICLE, SHALL PROMULGATE REGULATIONS ESTABLISHING NURSING HOME STAFFING
 MODELS.
   2. THESE MODELS SHALL:
   (A) BE BASED ON THE BEST AVAILABLE  EVIDENCE  REGARDING  STAFFING  AND
 PATIENT SAFETY;
   (B)  PROVIDE  NURSING  HOMES  WITH  THE OPPORTUNITY TO ADJUST STAFFING
 LEVELS IN RESPONSE TO THE RELATIVE SKILL OF THE PROFESSIONAL  STAFF  AND
 THE CURRENT ACUITY OF THE PATIENTS;
   (C)  ADDRESS  THE  PATIENT  CARE  ROLES  PLAYED BY DIRECT-CARE NURSING
 STAFF, NON-NURSING DIRECT-CARE STAFF, AND ALLIED  HEALTH  PROFESSIONALS;
 AND
   (D) BE ADAPTABLE TO THE RELATIVE AVAILABILITY OF STAFF IN THE REGIONAL
 LABOR MARKET WHERE THE FACILITY IS LOCATED.
   § 2. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or ruled by any feder-
 al  agency to violate or be inconsistent with any applicable federal law
 or regulation, that shall not affect the validity  or  effectiveness  of
 any  other  provision  of  this  act, or of any other application of any
 provision of this act.
   § 3. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.