Insights & Resources

By Executive Order 4.7, issued on March 31, 2022, Governor Kathy Hochul re-instated provisions in the State Public Health Law (Sections 2895-b[3] and 2828[1]) that had been suspended due to the state-wide staffing shortages exacerbated by the COVID-19 epidemic. The New York State Department of Health (DOH) later notified nursing home administrators that these two provisions are in “full effect” as of April 1, 2022.
 

• Public Health Law §2895-b requires nursing homes to 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, with no less than 2.2 hours of that care provided by a certified nurse aide and no less than 1.1 hours provided by a licensed nurse.
• Public Health Law § 2828(1) requires nursing homes to spend a minimum of 70 percent of revenue on direct resident care and 40 percent of revenue on resident-facing staffing. Further, if operating revenues exceed total operating expenses by more than five (5) % of such expenses, or if the facility fails to spend the minimum amount necessary to comply with the above minimum spending standards for direct resident care or resident-facing staffing, the excess must be payable to DOH.

DOH proposed regulations last November to implement both of these statutes, but those regulations have not been adopted as of yet.  Nevertheless, as the Public Health Law provisions have been re-instated, nursing homes are advised to take what steps they can to ensure compliance.  Garfunkel Wild will continue to keep nursing homes apprised when the regulations become effective.

Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at info@garfunkelwild.com.