S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2800--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M.  of A. HEVESI, WEPRIN, ARDILA, SIMON, BERGER, JENSEN,
   DAVILA -- read once and referred to the Committee on Health --  recom-
   mitted  to the Committee on Health in accordance with Assembly Rule 3,
   sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT  to  amend  the  public  health law, in relation to establishing
   staffing standards for physical therapists, physical therapist assist-
   ants,  occupational  therapists,  occupational   therapy   assistants,
   respiratory  therapists,  respiratory  therapy technicians, and recre-
   ational 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 four new paragraphs (e), (f), (g) and (h) to read as
 follows:
   (E) "PHYSICAL THERAPIST OR PHYSICAL  THERAPIST  ASSISTANT"  MEANS  ANY
 PERSON  LICENSED  OR  CERTIFIED  AS SUCH 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 AS SUCH PURSUANT
 TO ARTICLE ONE HUNDRED FIFTY-SIX OF THE EDUCATION LAW.
   (G)  "RESPIRATORY THERAPIST" OR "RESPIRATORY THERAPY TECHNICIAN" MEANS
 ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE AS SUCH PURSUANT
 TO ARTICLE ONE HUNDRED SIXTY-FOUR OF THE EDUCATION LAW.
   (H) "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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05146-02-4
 A. 2800--A                          2
              

 
   (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] NURSES AIDES,
 licensed  nurses,  PHYSICAL  THERAPISTS,  PHYSICAL THERAPIST ASSISTANTS,
 OCCUPATIONAL THERAPISTS, OCCUPATIONAL  THERAPY  ASSISTANTS,  RESPIRATORY
 THERAPISTS,    RESPIRATORY   THERAPY   TECHNICIANS,   AND   RECREATIONAL
 THERAPISTS.  In determining compliance with the staffing standards under
 this subdivision, an individual shall not be  counted  while  performing
 administrative  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,  A
 RESPIRATORY  THERAPIST,  A  RESPIRATORY  THERAPY TECHNICIAN, OR A RECRE-
 ATIONAL THERAPIST, OR ANY COMBINATION THEREOF; 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 THERA-
 PIST ASSISTANT, AN OCCUPATIONAL THERAPY ASSISTANT OR A RESPIRATORY THER-
 APY TECHNICIAN, OR ANY COMBINATION THEREOF and no less than 1.1 hours of
 care per resident per day shall be provided by a licensed nurse, A PHYS-
 ICAL  THERAPIST, AN OCCUPATIONAL THERAPIST, A RESPIRATORY THERAPIST OR A
 RECREATIONAL THERAPIST, OR ANY COMBINATION THEREOF.
   (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 THERAPY ASSISTANT, A RESPIRATORY
 THERAPIST, A RESPIRATORY THERAPY TECHNICIAN OR A RECREATIONAL THERAPIST,
 OR ANY COMBINATION THEREOF; 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 A RESPIRATORY THERAPY TECHNICIAN OR ANY COMBINATION
 THEREOF, and no less than 1.1 hours of care per resident per  day  shall
 be  provided  by a licensed nurse, A PHYSICAL THERAPIST, AN OCCUPATIONAL
 THERAPIST, A RESPIRATORY THERAPIST, OR A RECREATIONAL THERAPIST, OR  ANY
 COMBINATION THEREOF.
   (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.