The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9681
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. Subparagraph (iii) of paragraph (b) and  paragraph  (d)  of
 subdivision  2  of  section 2895-b of the public health law, as added by
 chapter 156 of the laws of 2021, are amended and a new subparagraph (iv)
 is added to paragraph (b) to read as follows:
   (iii) the existence of [an acute] A labor  supply  shortage  within  a
 particular  region.  When  determining  if  there  is [an acute] A labor
 supply shortage within a specific region in a  specific  quarter,  or  a
 shorter  period  of  time as determined by the commissioner, the commis-
 sioner shall take into  consideration  the  following  factors:  OVERALL
 regional  labor  supply,  REGIONAL  LABOR  SUPPLY of available certified
 nurse aides, licensed practical nurses and registered  nurses;  regional
 pay  rates  for  [the  relevant  titles] CERTIFIED NURSE AIDES, LICENSED
 PRACTICAL NURSES AND REGISTERED NURSES EMPLOYED IN A NURSING HOME WITHIN
 THE PARTICULAR COUNTY OR ANY ADJOINING COUNTY RELATIVE TO  THE  FACILITY
 as  determined  by  the  federal  department  of  labor, bureau of labor
 statistics; and evidence that the facility attempted to  procure  suffi-
 cient staffing.
   (IV)  THE  DEPARTMENT SHALL NOT IMPOSE ANY PENALTIES DUE TO THE EXIST-
 ENCE OF A LABOR SUPPLY SHORTAGE DURING THE PERIOD OF AND  FOR  ONE  YEAR
 FOLLOWING  ANY DECLARED STATEWIDE DISASTER EMERGENCY PURSUANT TO SECTION
 TWENTY-EIGHT OF THE EXECUTIVE LAW RELATING TO  HEALTHCARE  STAFF  SHORT-
 AGES.
   (d) In determining whether a nursing home has violated its obligations
 under this section, it shall not be a defense that such nursing home was
 unable to secure sufficient staff if the lack of staffing [was foreseea-
 ble  and  could  be prudently planned for, or] involved routine staffing
 needs that arose due to typical staffing  patterns,  typical  levels  of
 absenteeism,  or  time  off typically approved by the employer for vaca-
 tion, holidays, sick leave, and personal leave.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13408-02-1