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.