S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2800
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced by M. of A. HEVESI, D. ROSENTHAL -- read once and referred to
   the Committee on Health
 
 AN  ACT  to  amend  the  public  health law, in relation to establishing
   staffing standards for physical therapists, physical therapist assist-
   ants, occupational therapists, occupational therapist assistants,  and
   recreational therapists at nursing homes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2895-b of the public health law is
 amended by adding three new paragraphs (e),  (f)  and  (g)  to  read  as
 follows:
   (E)  "PHYSICAL  THERAPIST  OR  PHYSICAL THERAPIST ASSISTANT" MEANS ANY
 PERSON LICENSED OR CERTIFIED PURSUANT TO ARTICLE ONE HUNDRED  THIRTY-SIX
 OF THE EDUCATION LAW.
   (F)  "OCCUPATIONAL  THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT" MEANS
 ANY PERSON LICENSED OR OTHERWISE  AUTHORIZED  TO  PRACTICE  PURSUANT  TO
 ARTICLE ONE HUNDRED FIFTY-SIX OF THE EDUCATION LAW.
   (G) "RECREATIONAL THERAPIST" MEANS ANY PERSON WITH A BACHELOR'S DEGREE
 WITH CERTIFICATION AS A CERTIFIED THERAPEUTIC RECREATION SPECIALIST FROM
 THE NATIONAL COUNCIL FOR THERAPEUTIC RECREATION CERTIFICATION.
   §  2.  Paragraph  (h) of subdivision 2 of section 2895-b of the public
 health law, as added by chapter 156 of the laws of 2021, is  amended  to
 read as follows:
   (h)  The  minimum  staffing  standard  includes  the  hours  which are
 required to be reported by a nursing home to  the  federal  Centers  for
 Medicare  and  Medicaid  Services  through the payroll based journal for
 long-term care for certified nursing assistants [and], licensed  nurses,
 PHYSICAL  THERAPISTS, PHYSICAL THERAPIST ASSISTANTS, OCCUPATIONAL THERA-
 PISTS, OCCUPATIONAL THERAPIST ASSISTANTS, AND  RECREATIONAL  THERAPISTS.
 In  determining compliance with the staffing standards under this subdi-
 vision, an individual shall not be counted while performing  administra-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05146-01-3
              

 A. 2800                             2
 
 tive services as defined in the payroll based journal for long-term care
 facilities.
   §  3.    Paragraphs  (a) and (b) of subdivision 3 and paragraph (a) of
 subdivision 4 of section 2895-b of the public health law,  as  added  by
 chapter 156 of the laws of 2021, are amended to read as follows:
   (a)  Beginning  January  first,  two thousand twenty-two every nursing
 home shall maintain daily average staffing hours equal to 3.5  hours  of
 care  per  resident  per day by a certified nurse aide, a licensed nurse
 [or], a nurse aide, A PHYSICAL THERAPIST, A PHYSICAL  THERAPIST  ASSIST-
 ANT,  AN  OCCUPATIONAL THERAPIST, AN OCCUPATIONAL THERAPY ASSISTANT OR A
 RECREATIONAL THERAPIST; provided that out of such  3.5  hours,  no  less
 than  2.2  hours  of  care  per  resident per day shall be provided by a
 certified nurse aide [or], a nurse aide, A PHYSICAL THERAPIST ASSISTANT,
 AN OCCUPATIONAL THERAPY ASSISTANT OR RECREATIONAL THERAPIST, and no less
 than 1.1 hours of care per resident per  day  shall  be  provided  by  a
 licensed  nurse,  A PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR RECRE-
 ATIONAL THERAPIST.
   (b) Beginning January first, two thousand twenty-three and  thereafter
 every  nursing home shall maintain daily average staffing hours equal to
 3.5 hours of care per resident per day by a certified nurse aide [or], a
 licensed nurse, A PHYSICAL THERAPIST, A PHYSICAL THERAPIST ASSISTANT, AN
 OCCUPATIONAL THERAPIST, AN OCCUPATIONAL THERAPIST ASSISTANT AND A RECRE-
 ATIONAL THERAPIST; provided that out of such 3.5 hours, no less than 2.2
 hours of care per resident per day shall  be  provided  by  a  certified
 nurse  aide,  A  PHYSICAL  THERAPIST  ASSISTANT, AN OCCUPATIONAL THERAPY
 ASSISTANT OR RECREATIONAL THERAPIST, and no less than 1.1 hours of  care
 per  resident  per day shall be provided by a licensed nurse, A PHYSICAL
 THERAPIST, A PHYSICAL THERAPIST ASSISTANT, AN OCCUPATIONAL THERAPIST, AN
 OCCUPATIONAL THERAPY ASSISTANT OR A RECREATIONAL THERAPIST.
   (a) A nursing home shall post  information  regarding  nurse  staffing
 that  the  facility  is  required  to make available to the public under
 section twenty-eight hundred five-t of this chapter. SUCH POSTING  SHALL
 ALSO  INCLUDE  THERAPIST  STAFFING  LEVELS AS SET FORTH IN THIS SECTION.
 Information under this paragraph shall be displayed in a  form  approved
 by  the department and be posted in a manner which is visible and acces-
 sible to residents, their families and the staff,  as  required  by  the
 commissioner.
   § 4. This act shall take effect immediately.