S 2652: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 2652 2025-2026 Regular Sessions  IN SENATE 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: 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. LBD03748-01-5 
 S. 2652 2 1 ble 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.