Assembly BillIntroduced
A 3389: Relates to safe staffing levels at nursing homes; requires the department of health to give significant weight to labor supply shortages in particular regions during any declared statewide disaster emergency.
What A 3389 does, verified January 8, 2026
The bill aims to improve staffing levels in nursing homes. It requires the Department of Health to consider various factors when determining if there is a labor shortage in a specific region, including regional labor supply, pay rates, and evidence that the facility attempted to procure sufficient staffing. The bill also provides an exemption from penalties for facilities affected by a declared statewide disaster emergency. The bill prohibits nursing homes from using the lack of sufficient staffing as a defense against penalties if the facility was unable to secure staff due to unforeseen circumstances, such as routine staffing needs or typical levels of absenteeism. The bill takes effect immediately.
Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: referred to health (2026-01-07)Alert me
Quick answers about A 3389
- What is the current status of A 3389?
- As of January 8, 2026, A 3389 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "referred to health".
- Did A 3389 pass?
- Not yet. A 3389 has been introduced and has not passed either house.
- Who wrote A 3389, and where is it now?
- A 3389 was authored by Asm. Matthew Simpson with 6 coauthors. Its committee of record is Assembly Health.
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions2 total · showing 2
| Jan. 07, 2026 | referred to health |
| Jan. 27, 2025 | referred to health |
Latest bill textIntroduced version, January 27, 2025 · 437 words
STATE OF NEW YORK ________________________________________________________________________ 3389 2025-2026 Regular Sessions IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. SIMPSON, BLANKENBUSH, DeSTEFANO, LEMONDES, GIBBS, BENDETT, HAWLEY -- read once and referred 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: 1 Section 1. Subparagraph (iii) of paragraph (b) and paragraph (d) of 2 subdivision 2 of section 2895-b of the public health law, as added by 3 chapter 156 of the laws of 2021, are amended and a new subparagraph (iv) 4 is added to paragraph (b) to read as follows: 5 (iii) the existence of [an acute] a labor supply shortage within a 6 particular region. When determining if there is [an acute] a labor 7 supply shortage within a specific region in a specific quarter, or a 8 shorter period of time as determined by the commissioner, the commis- 9 sioner shall take into consideration the following factors: overall 10 regional labor supply, regional labor supply of available certified 11 nurse aides, licensed practical nurses and registered nurses; regional 12 pay rates for [the relevant titles] certified nurse aides, licensed 13 practical nurses and registered nurses employed in a nursing home within 14 the particular county or any adjoining county relative to the facility 15 as determined by the federal department of labor, bureau of labor 16 statistics; and evidence that the facility attempted to procure suffi- 17 cient staffing. 18 (iv) The department shall not impose any penalties due to the exist- 19 ence of a labor supply shortage during the period of and for one year 20 following any declared statewide disaster emergency pursuant to section 21 twenty-eight of the executive law relating to healthcare staff short- 22 ages. 23 (d) In determining whether a nursing home has violated its obligations 24 under this section, it shall not be a defense that such nursing home was 25 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. LBD03748-01-5A. 3389 2 1ble and could be prudently planned for, or] involved routine staffing 2 needs that arose due to typical staffing patterns, typical levels of 3 absenteeism, or time off typically approved by the employer for vaca- 4 tion, holidays, sick leave, and personal leave. 5 § 2. This act shall take effect immediately.
Text of A 3389 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions