Some unions and advocates for older adults are concerned that minimum staffing requirements for nursing homes passed last May by New York state lawmakers have not taken effect. Some nursing home operators, however, see the rules as restrictive in a short-staffed environment.
The measures require skilled nursing facilities to provide a daily average of 3.5 hours of care per resident by a nurse or nursing assistant. At least 2.2 hours of care must be provided by a certified nursing assistant, and at least 1.1 hours of care must be given by a licensed nurse.
New York nursing home operators have opposed the measure, saying that because of an overall workforce shortage, they won’t be able to recruit and retain the employees necessary to comply with the requirements. At the same time, some consumer groups have said that the nursing home staffing requirements don’t go far enough.
Gov. Kathy Huchul (D) has delayed enforcement of the rules by executive orders, citing “staffing shortages in hospitals and other healthcare facilities.” The nursing home staffing requirements were meant to take effect Jan. 1, but the governor issued an executive order Dec. 31 to extend a previous disaster emergency order. Since then, the order has been extended multiple times. The most recent order was issued March 16 and extends through April 15.
“There is no reason to further postpone long-overdue reforms that hold nursing home operators accountable for ensuring adequate standards of care,” Milly Silva, executive vice president of 1199 SEIU, one of the unions that fought for the staffing legislation, said in a statement, the Gothamist reported.
According to Gothamist, the state health department said that even though non-compliance with nursing home staffing requirements won’t be considered a violation of the law, “nursing homes are strongly encouraged to begin coming into compliance with these new requirements.”
