Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Mar 28, 2022 | referred to health |
Current Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
A9681 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7470
- Current Committee:
- Assembly Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §2895-b, Pub Health L
A9681 (ACTIVE) - Bill Text download pdf
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.