| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 22, 2025 |
referred to health |
Senate Bill S2652
2025-2026 Legislative Session
Sponsored By
(R, C, IP) 45th Senate District
Current Bill Status - In Senate Committee Health Committee
Actions
co-Sponsors
(R, C) 57th Senate District
2025-S2652 (ACTIVE) - Details
2025-S2652 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2652
SPONSOR: STEC
TITLE OF BILL:
An act to amend the public health law, in relation to safe staffing
levels at nursing homes
PURPOSE:
Requires the department of health to consider additional factors to
further mitigate the impact of the healthcare staffing shortage affect-
ing t nursing homes prior to imposing penalties under section 2895-b of
public health law.
SUMMARY OF PROVISIONS:
Section 1 - Amends subparagraph (iii) of paragraph (b) and paragraph (d)
of subdivision 2 of section 2895-b of public health law to require the
health department to consider the overall availability of labor within a
region, and clarifies the Department is to consider the regional pay
rates of certain health care professionals within a region when consid-
2025-S2652 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2652
2025-2026 Regular Sessions
I N S E N A T E
January 22, 2025
___________
Introduced by Sens. STEC, BORRELLO -- read twice and ordered printed,
and when printed to be committed to the Committee 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03748-01-5
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