Senate Bill S7437

                                 
BILL NUMBER: S7437

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring the
department of health to post on its website certain data relating to
personnel employed or affiliated with health care facilities

 
PURPOSE:

To ensure data on staffing shortages in hospitals, nursing homes and
other healthcare facilities is available to all stakeholders and the
public

 
SUMMARY OF PROVISIONS:

Section 1: Establishes a new section 206-c of the Public Health law to
provide for special requirements with respect to staffing data in hospi-
tals, nursing homes and other healthcare facilities.

Provides for the definition of "covered entity," "personnel" and "New
              

York state surge and flex operations center." Requires the Department of
Health to post data on a weekly basis, covering the total number of
personnel employed by or affiliated with a covered entity in New York
State, in addition to the number of personnel who have left such employ-
ment or affiliation, and their reasoning for doing so; the total number
of requested personnel from the New York State Surge and Flex Operations
Center and the total number of personnel employed or affiliated with a
covered entity as a result of the Operations Center.

Further requires that such data shall be organized by county, date,
personnel title and any license or certification held by such personnel,
and covered entity. Such data shall include data retroactive to August
16, 2021, to the extent such data is available to the department.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

Recent reporting indicates that as COVID-19 continues to stress our
healthcare systems, many hospitals, nursing homes and other healthcare
facilities are facing a severe staffing crisis. The State established a
"Surge and Flex Operations Center," led by the Department of Health
(DOH), to "(1) support nursing homes in identifying solutions to staff-
ing challenges, and (2) assist a nursing home if they cannot meet their
obligations under the Public Health Law and regulations and need to
decant residents to another nursing home-facility," however media
reports indicate that multiple long term care facilities are being told
by the Operations Center's hotline that there is no staffing available.

Furthermore, it appears there is a clear miscommunication going on
between the State and healthcare facilities in what staffing assistance
is potentially available to fill the needs of these facilities, which is
causing unnecessary confusion at a time when it is critical that all
stakeholders are on the same page in terms of the facts in order to
adequately address the ongoing staffing crisis.


In an effort to eliminate this confusion, and empower all stakeholders
to make informed recommendations and decisions to ensure New York's
healthcare facilities have the staffing necessary to provide the quality
of care New Yorker's deserve, this legislation would require the Depart-
ment of Health to post data with respect to staffing in New York's
hospitals, nursing homes and other healthcare facilities. On a weekly
basis, DOH would be required to post data on its website that includes
the total number of personnel employed by or affiliated with a covered
entity in New York State, in addition to the number of personnel who
have left such employment or affiliation, and their reasoning for doing
so; the total number of requested personnel from the New York State
Surge and Flex Operations Center and the total number of personnel
employed or affiliated with a covered entity as a result of the Oper-
ations Center.

This data would need to be posted in a conspicuous location on the
Department's website, in a format capable of download in a spreadsheet
format, and would need to be organized by county, date, personnel title
and any license or certification held by such personnel, and covered
entity. Such data shall include data retroactive to August 16, 2021, to
the extent such data is available to the department.

The COVID-19 pandemic has shown that no single entity is capable of
defeating a global pandemic alone. This legislation will give all stake-
holders the information they need to shape fact-based policies and
actions, and is necessary if New York is to learn from previous mistakes
throughout the pandemic, and prevent future mistakes as well.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.