Assembly Bill A7119

Signed By Governor
2021-2022 Legislative Session

Establishes standard nursing home staffing levels

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A7119 (ACTIVE) - Details

See Senate Version of this Bill:
S6346
Law Section:
Public Health Law
Laws Affected:
Add §2895-b, Pub Health L

2021-A7119 (ACTIVE) - Summary

Provides for standard minimum nursing home staffing levels by regulations promulgated by the commissioner of health.

2021-A7119 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7119
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2021
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to establishing stan-
   dard nursing home staffing levels
 
   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 section
 2895-b to read as follows:
   § 2895-B. NURSING HOME STAFFING LEVELS. 1.  DEFINITIONS.  AS  USED  IN
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "CERTIFIED  NURSE  AIDE" MEANS ANY PERSON INCLUDED IN THE NURSING
 HOME NURSE  AIDE  REGISTRY  PURSUANT  TO  SECTION  TWENTY-EIGHT  HUNDRED
 THREE-J OF THIS CHAPTER.
   (B) "LICENSED NURSE" MEANS A REGISTERED PROFESSIONAL NURSE OR LICENSED
 PRACTICAL  NURSE LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF
 THE EDUCATION LAW.
   (C) "STAFFING HOURS" MEANS THE HOURS REPORTED BY A NURSING HOME TO THE
 FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES THROUGH  THE  PAYROLL
 BASED JOURNAL FOR LONG-TERM CARE FACILITIES.
   (D)  "NURSE  AIDES" MEANS ANY PERSON WHO IS INCLUDED IN THE NURSE AIDE
 HOUR COMPONENT OF THE PAYROLL BASED JOURNAL FOR LONG-TERM  CARE  FACILI-
 TIES BUT HAS NOT YET BEEN CERTIFIED AS A CERTIFIED NURSE AIDE.
   2.  STAFFING  STANDARDS.  (A)  THE  COMMISSIONER SHALL, BY REGULATION,
 ESTABLISH STAFFING STANDARDS FOR NURSING HOME MINIMUM STAFFING LEVELS TO
 MEET APPLICABLE STANDARDS OF SERVICE AND CARE AND TO PROVIDE SERVICES TO
 ATTAIN OR MAINTAIN THE HIGHEST PRACTICABLE PHYSICAL, MENTAL, AND PSYCHO-
 SOCIAL WELL-BEING OF EACH RESIDENT OF THE FACILITY. COMPLIANCE SHALL  BE
 DETERMINED  QUARTERLY  BY  COMPARING  THE DAILY AVERAGE OF THE NUMBER OF
 HOURS PROVIDED PER RESIDENT, PER DAY,  USING  THE  FEDERAL  CENTERS  FOR
 MEDICARE  AND MEDICAID SERVICES PAYROLL BASED JOURNAL AND THE FACILITY'S
 AVERAGE DAILY CENSUS ON A DAILY BASIS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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