In June 2021, the New York State legislature amended the New York Public Health Law, requiring hospitals to:
- Establish a clinical staffing committee by January 1, 2022;
- Submit a clinical staffing plan developed by the committee to the New York State Department of Health (“DOH”) by July 1, 2022; and
- Implement the submitted clinical staffing plan by January 1, 2023.
By now, each hospital should have: (i) established a clinical staffing committee, composed of at least 50% registered nurses, licensed practical nurses, and ancillary members of the frontline team providing or supporting direct patient care, and up to 50% of members selected by hospital administration, such as the chief financial officer, the chief nursing officer, and/or patient care unit directors; and (ii) submitted its first hospital clinical staffing plan to DOH, as adopted by a consensus of the clinical staffing committee.
Each hospital must implement its first clinical staffing plan and assign personnel to each patient care unit in accordance with the plan by January 1, 2023. In the event that personnel assignment is not in accordance with the adopted staffing plan, a complaint may be filed with the clinical staffing committee. It is crucial that hospitals take these complaints seriously. If DOH learns of an unresolved matter or a pattern of ignoring clinical complaints or not reaching consensus, such as through a complaint sent directly to DOH or during routine surveys, DOH may investigate and impose civil penalties if deficiencies are not cured within 45 days. All civil penalties will be made public by DOH.
2023 and onward:
- Hospitals must implement their first clinical staffing plans by January 1, 2023 and all subsequent clinical staffing plans by January 1st of each year.
- Clinical staffing committees must produce the annual staffing plans by July 1st of each year.
- Clinical staffing committees must conduct semiannual reviews of the staffing plans against patient needs and known evidence-based staffing information.
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Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at [email protected].