Nursing homes in violation of staffing requirements in New York were fined nearly $4.2 million in the last week, marking the second round of enforcement under the state’s minimum staffing law.
The second round of fines, which involves 25 facilities, covers staffing violations through 2023 – the state Department of Health issued more than $8 million in penalties to 45 nursing homes to date, the first round being in February, according to a report in Crain’s New York Business.
The law requires facilities provide 3.5 hours of direct care to each patient per day. Certified nursing aides (CNAs) must provide 2.2 of those hours, while licensed practical nurses or registered nurses need to make up the remaining 1.1 hours per resident per day.
Nursing homes that don’t meet the requirements are subject to penalties of $2,000 per day. The law was passed in 2021 and initially set to be effective in January 2022, but was delayed until April as a result of statewide workforce shortages.
The New York State Health Facilities Association (NYSHFA), along with other industry groups, said the increased enforcement likely won’t lead to better staffing, with facilities already struggling to hire and retain staff.
Roughly half of the state’s 600 nursing homes failed to meet the staffing standard, according to federal data.
NYSHFA President and CEO Stephen Hanse told Crain’s the industry is still in a staffing crisis and doesn’t take into account existing staffing shortages and new policies, including the most recent federal decision to allow temporary protected status to be eliminated for Syrian and Haitian immigrants, with potentially more protected status immigrants impacted as well.
Meanwhile, John Emery, a spokesperson for the state DoH, said the staffing law holds nursing homes and their operators accountable for quality care.
Richard Mollot, executive director of the Long Term Community Care Coalition which advocates for nursing home residents, told Crain’s he is glad to see the staffing law in place – he even said there needs to be a higher staffing standard than 3.5 hours per resident day. But, he is still deeply concerned by the enforcement actions.
NYS Health Commissioner James McDonald confirmed that some counties in the state experienced an acute labor shortage through 2024, and those areas haven’t been issued penalties.
Hanse called for more flexibility still, allowing for other types of clinicians to count toward the 3.5 hours per resident day, including occupational therapists and physical therapists.
